Reconceiving the Ninth Amendment

The courts long have protected constitutional rights that are not listed explicitly in the Constitution, but are they warranted in doing so? As scholars and commentators vigorously debate this and other questions about the appropriate role of judges in interpreting the Constitution, the Ninth Amendment has assumed increasing importance. Its declaration that [t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people has suggested to many that the set of rights protected by the Constitution is not dosed and that judges may be authorized to protect these unenumerated rights on occasion

Separation Rhetoric and Its Relevance. Book Review Of: Separation of Church and State. by Philip Hamburger

Book review: Separation of Church and State. By Philip Hamburger. Harvard University Press. 2002. Pp. 514. Reviewed by: Adam M. Samah

Separation Rhetoric and Its Relevance. Book Review Of: Separation of Church and State. by Philip Hamburger

Book review: Separation of Church and State. By Philip Hamburger. Harvard University Press. 2002. Pp. 514. Reviewed by: Adam M. Samah

Magna Carta and the Fundamental Right to Due Process

The 800th anniversary of Magna Carta has been marked by much pageantry and celebration. Some scholars have taken this opportunity to point out that the myth of Magna Carta is far greater than what the actual 1215 Charter managed to accomplish. Nevertheless, Magna Carta did make a meaningful and concrete contribution to due process in 1215, as shown by certain provisions that are seemingly overlooked by critics eager to downplay the Charter\u27s importance. This Article highlights two lesser known clauses of Magna Carta that had real contemporary significance in guaranteeing the availability of jury trial for some categories of civil litigation. The ringing promises of Clauses 39 and 40 may have inspired great jurists and founders of nations, but the more humble Clauses 17 and 18 – specifying the proper location and manner of hearing certain civil cases – must also be taken into account in assessing the Charter\u27s importance

Books Received

A List of Books Received by Michigan Law Revie

Book Review: Contemporary Debates on Civil Liberties: Enduring Constitutional Questions. by Glenn A. Phelps and Robert A. Poirier.

Book review: Contemporary Debates on Civil Liberties: Enduring Constitutional Questions. By Glenn A. Phelps and Robert A. Poirier. Lexington, Mass.: Lexington Books of D.C. Heath and Company. 1984. Pp. 237. Reviewed by: Ralph A. Rossum

Universal Human Rights in the Law of the United States

This Article discusses the relationship in U.S. law between State, Federal, and international authorities on universal human rights. All U.S. State constitutions and the Federal Constitution recognize the inherent or inalienable rights of humanity. Yet despite having long accepted the binding force of universal human rights, U.S. courts and public officials have been hesitant to recognize non-U.S. authorities when identifying, interpreting, or enforcing these rights in practice. The U.S. government and courts view most international treaties and declarations concerning universal human rights as simple restatements of existing constitutional guarantees. U.S. courts and public officials have generally weighed foreign evidence of the requirements of universal human rights according to the legitimacy, importance, and probative value of the source. The undemocratic and illiberal nature of many international institutions makes it unlikely that the U.S. Federal or State legal systems will cede final control over such questions to non-U.S. or multinational authorities at any time in the near future