Digital Commons Network^™

The Persistent Treatise, Dana Neacsu, Paul D. Callister

Faculty Works

The legal treatise remains a pillar of the American legal system and the rule of law, despite claims it might be dying and variations in quantitative citations to treatises over time. Indeed, several treatises evidence increased citation in U.S. Supreme Court opinions during the last several decades. Surprisingly, the U.S. Supreme Court, including the Robert’s Court in Dobbs v. Jackson Women’s Health Organization, increasingly sees fit to rely on proto-treatises, such as Bracton, Coke, and Blackstone. This article provides empirical data and qualitative analysis to support this claim, highlighting the sometimes declining but nevertheless significant presence of treatises in case …

Performance And Interpretation: Beethoven's Opus 110, Izaac J. Masters

Theses: Doctorates and Masters

Within the context of professional music making, an increasing number of pianists use both modern and historical pianos as a matter of course. Yet, not infrequently, it seems that there is little awareness of how the inherent acoustic characteristics of each instrument may be used to inform interpretation, and the instrument-specific pianistic techniques that are needed if interpretation is to be optimised. This study explores issues of interpretation and performance as applied to Beethoven’s Piano Sonata in Ab major, op. 110. Three different performative interpretations of the sonata are constructed, each relating to a specific grand piano––made by, respectively, Conrad …

A Contextual History And Modern Edition Of J. Hyde’S 1799 English Trumpet Treatise: A New And Compleat Preceptor For The Trumpet & Bugle Horn: With The Whole Of Cavalry Duty As Approved Of And Ordered By His Royal Highness The Duke Of York … To Which Is Added A Selection Of Airs, Marches & Quick Steps For Three Trumpets, A Scale Of The Chromatic Trumpet With Airs Adapted For It, And A Collection Of Bugle Horn Duets, Clinton Gregory Linkmeyer

Theses and Dissertations--Music

For much of the trumpet’s long and varied history, it was considered a practical tool used for signaling more so than a music-making instrument. In 1614, Cesare Bendinelli wrote his Tutta L’arte Della Trombetta, which is often recognized as the first musical treatise written for trumpet. Scholars also recognize two other texts as being significant treatises: Girolamo Fantini’s Modo per imparare a sonare di tromba (1638), and Johann Ernst Altenburg’s Trumpeters’ and Kettledrummers’ Art (1795). The compilation and composition of A New and Complete Preceptor for the Trumpet and Bugle Horn by John Hyde in 1799 places it not only …

Rebirth And Reinvention: The Influence Of Italian Humanism On Tinctoris’ Musical Treatises, Christopher Hornbuckle

Parnassus: Classical Journal

No abstract provided.

Researching Marijuana Law, Seth Quidachay-Swan

Law Librarian Scholarship

This article provides a brief overview of the current legal framework governing the regulation of marijuana at the federal and state levels in the United States. It also provides an overview of the state of Michigan’s current regulatory framework and resources for attorneys interested in learning more about marijuana regulation.

The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison

University of Massachusetts Law Review

This Article investigates the impact of the Kirtsaeng decision. After discussing the first sale doctrine, this Article presents the issues around implementing a worldwide first sale doctrine. International treaties attempt to ensure that authors can benefit from their work by affording them similar protections in different jurisdictions. But a worldwide first sale exhaustion limits the ability of copyright holders to profit from their work because it allows the author to compete with its own work that had been priced differently in different jurisdictions. Finally, this Article tests whether, in the United States, the price of textbooks has been affected by …

La Chasse: The Legacy Of Hunting Calls In French Compositions For Solo Horn And Piano, Daniel J. Atwood

Dissertations, 2014-2019

The horn originates from the hunting fields of Europe and shares a particularly strong relationship with the country of France. During the fourteenth century, the hunt was a form of recreation in which the royalty and nobility of France passionately engaged. This patronage of the nobility led to the writing of many hunting treatises that contain hunting calls, the first music written for horn.

For hundreds of years, French composers have written compositions for solo horn and piano and continually include hunting calls, or passages in the style of hunting calls, into their works. Through continual reference and inclusion of …

In Memoriam: Professor Peter Nash Swisher, Ronald J. Bacigal

University of Richmond Law Review

No abstract provided.

Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel

Articles

Yale Kamisar has explained how events that occurred about fifty years ago led to the creation of a stand-alone criminal procedure course and, a few years later, led to the division of that stand-alone course into two courses. The second of those courses came to be called, almost from the outset, the "Jail-to-Bail" course. My focus today is on why that course was created and how it was shaped. Modern Criminal Procedure, as Yale has noted, was the first coursebook designed for a stand-alone course in criminal procedure. Modern was published in 1966. A year earlier, the first version …

The Enduring Value Of Books Related To The Law: A Librarian's Perspective, Linda S. Maslow

Michigan Law Review

In the 1979 inaugural issue of the Michigan Law Review’s annual survey of books related to the law, Professor Cavers wrote an enthusiastic and hopeful introduction. He characterized the journal’s effort as a “bold innovation” that would benefit lawyers; law professors, both domestic and foreign; scholars in other disciplines, such as the social sciences; and the marketplace of ideas generally. As the annual survey approached its twentieth anniversary, Professor Schneider provided a fascinating, frank description of the Book Review issue’s origins during his tenure as the Michigan Law Review’s Editor- in-Chief. Happily, this annual Book Review issue continues to thrive. …

Jack Weinstein And The Missing Pieces Of The Hearsay Puzzle, Richard D. Friedman

Articles

For the first three quarters of the twentieth century, the Wigmore treatise was the dominant force in organizing, setting out, and explaining the American law of evidence. Since then, the first two of those roles have been taken over in large part by the Federal Rules of Evidence (Rules). And the third has been performed most notably by the Weinstein treatise. Judge Jack Weinstein was present at the creation of the Rules and before. Though he first made his name in Civil Procedure, while still a young man he joined two of the stalwarts of evidence law, Edmund Morgan and …

What Books On Law Should Be, Richard A. Posner

Michigan Law Review

I have thought it might be useful to our profession, and appropriate to a foreword to a collection of reviews of newly published books on law, to set forth some ideas on how books can best serve members of the different branches of the legal profession — specifically judges, practicing lawyers, law students, and academic lawyers — plus persons outside the legal profession who are interested in law. I am not interested in which already published books should be retained and which discarded, but in what type of book about law should be written from this day forward. I will …

From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886, Robert Allan Olender

SJD Dissertations

In response to what he perceived as the challenges associated with republican governance in the later portions of the nineteenth century, Michigan’s Thomas McIntyre Cooley penned his treatise concerning constitutional limitations on legislative power. In it, Cooley offered a vision of government where courts would check government power and would raise constitutional barriers against the impact of improper influences on legislators. As a student of history, Cooley grounded his beliefs and doctrines in experience, not philosophical reflections. Believing that “the fruits of speculative genius in government are of little value,” Cooley submitted that governing structures and law “must be the …

"The Disorderly Conduct Of Words": Civil Liability For Injuries Caused By The Dissemination Of False Or Inaccurate Information, Richard C. Ausness

Law Faculty Scholarly Articles

This Article is concerned with the potential liability of those who disseminate false or inaccurate information that causes physical injury or property damage to those who rely upon it. However, this Article will not address the question of whether those who advocate or depict violence or other antisocial activities should also be subject to liability. For the most part, such publications are considered to be a form of constitutionally protected speech, even when they directly cause physical harm to others. Although the issue of liability for the publication of factually inaccurate information is narrower in scope than liability for the …

Oh, The Treatise!, Richard A. Danner

Michigan Law Review

In his foreword to the Michigan Law Review's 2009 Survey of Books Related to the Law, my former Duke colleague Erwin Chemerinsky posed the question: "[W]hy should law professors write?" In answering, Erwin took as a starting point the well-known criticisms of legal scholarship that Judge Harry Edwards published in this journal in 1992. Judge Edwards indicted legal scholars for failing to engage the practical problems facing lawyers and judges, writing instead for the benefit of scholars in law and other disciplines rather than for their professional audiences. He characterized "practical" legal scholarship as both prescriptive (aiming to instruct attorneys, …

John Henry Wigmore, Richard D. Friedman

Book Chapters

Wigmore, John Henry (1863-1943). Law professor and dean. Wigmore was born and reared in San Francisco. His parents were both immigrants, his mother from England and his father, of English heritage, from Ireland. Harry, as he was known familiarly, was the oldest and most favored of his extraordinarily doting mother's seven children. The family was prosperous - his father had an importing business - and Harry was educated principally in private schools. He then attended Harvard College, prompting the mother to move the family to Massachusetts to be close to him. After graduating in 1883, he spent a brief interlude …

In The Trenches: Searches And The Misunderstood Common-Law History Of Suspicion And Probable Cause, Fabio Arcila

Scholarly Works

A detailed analysis of the common law during the Framers’ era, and of how it reflected the Fourth Amendment’s restrictions, shows that many judges believed they could issue search warrants without independently assessing the adequacy of probable cause, and that this view persisted even after the Fourth Amendment became effective. This conclusion challenges the leading originalist account of the Fourth Amendment, which Professor Thomas Davies published in the Michigan Law Review in 1999.

Learned treatises in particular, and to a lesser extent a few case decisions, had articulated a judicial duty to monitor probable cause. But it is a mistake …

Michigan Family Law Research Resources: Review And Update, Barbara H. Garavaglia

Articles

"Family law" includes topics relating to "marriage, divorce, adoption, child custody and support, child abuse and neglect, paternity, juvenile delinquency, and other domestic relations issues,"] including cohabitation and domestic violence. Michigan family law research continues to be facilitated by a combination of print and electronic research resources. As in other areas of law, web-based access to legal research resources in the realm of family law continues to improve and expand, following the general trend in legal publishing toward electronic publication. This article is primarily a review of the web-based resources provided by the Institute of Continuing Legal Education (ICLE), although …

Secondary Sources: Top Ten, Susan Drisko Zago

Law Faculty Scholarship

Secondary sources are a legal researcher's best friend. They are a great place to begin researching a new topic as they provide a framework for understanding the subject. Not only will a good secondary source provide researchers with a way of approaching the topic, but it will also introduce beginning researchers to the language of the subject. Secondary sources also contain expert analysis, references to primary law such as cases, statutes, and regulations, and will also include such other resources as governmental reports, statistics, and other secondary sources. While secondary sources are an incredibly valuable research tool, they can offer …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by the Michigan Law Review.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recently received by Michigan Law Review for review.

Selected Michigan Probate Law Research Resources, Barbara H. Garavaglia

Articles

Over the past decade, attorneys have increasingly sought free electronic resources on the web to meet their research needs in order to control research costs. The need for free or low-cost access to legal materials is especially critical for solo practitioners and attorneys with smaller practices who live in areas without access to a law library or who may find the cost of commercial print and electronic resources prohibitive.

Major Resources For The New Family Law Attorney, Barbara H. Garavaglia

Articles

While experienced family law lawyers are undoubtedly familiar with the array of research resources most useful to the family law practitioner, new attorneys and attorneys new to family law practice may need guidance in locating and identifying the most efficient and useful source material to help them in their family law work. Sherri L. Katz provided an excellent and comprehensive list of family law resources in her article "Best Research Resources on Family Law," Mich BJ79, no. 2 (2000): 196 (hereinafter "Best Research Resources"). Although the article is three years old, its excellent and comprehensive descriptions of the "best" resources …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Recent Books, Michigan Law Review

Michigan Law Review

Books received by the Law Review.

Recent Books, Michigan Law Review

Michigan Law Review

Books received by the Law Review.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Surreal And Canny Selves: Photographic Figures In Claude Cahun , Gayle Zachmann

Studies in 20th & 21st Century Literature

In her 1975 essay, Le Rire de la méduse, Hélène Cixous enthusiastically announced that it was high time for women to enter into discourse. A full half-century earlier, Claude Cahun (1894-1954), a powerful writer and a haunting photographer and artist, was already inscribing herself, Woman, and a woman's voice in visual and verbal self-portraits, photomontages, prose texts, poetry, and aesthetic and political treatises. Cahun's uncanny interventions in both verbal and visual discourse cannily interrogate conventions of literary and pictorial representation and the constructions of self, gender and culture that they exhibit. Insistently asking readers and spectators, "What's wrong with …

Recent Books, Michigan Law Review

Michigan Law Review

No abstract provided.