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Full-Text Articles in Law
The Liberal Commons, Hanoch Dagan, Michael A. Heller
The Liberal Commons, Hanoch Dagan, Michael A. Heller
Articles
Following the Civil War, black Americans began acquiring land in earnest; by 1920 almost one million black families owned farms. Since then, black rural landownership has dropped by more than 98% and continues in rapid decline-there are now fewer than 19,000 black-operated farms left in America. By contrast, white-operated farms dropped only by half, from about 5.5 million to 2.4 million. Commentators have offered as partial explanations the consolidation of inefficient small farms and intense racial discrimination in farm lending. However, even absent these factors, the unintended effects of old-fashioned American property law might have led to the same outcome. …
Capitalism And Democracy, Owen M. Fiss
Capitalism And Democracy, Owen M. Fiss
Michigan Journal of International Law
Socialism has collapsed. The long, historic struggle between capitalism and socialism has come to an end, and capitalism has emerged the victor. This turn of events was foreshadowed by the privatization movement of the late 1970s and 1980s that swept England, the United States, and a number of Latin American countries. History still awaited the renunciation of socialism by those who lived it, but that soon came in the form of the revolutions of 1989 in Eastern Europe and in the spiraling chain of events, set in motion by "perestroika," that ultimately led to the dissolution of the Soviet Union …
Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran
Tis A Gift To Be Simple: Aesthetics And Procedural Reform, Janice Toran
Michigan Law Review
This essay advances the hypothesis that aesthetic considerations play a role in the formulation of new legal procedures and the preference for one procedure over another. Of course, other considerations like the social impact of a particular procedure or procedural system, its economic consequences, and its role within existing legal institutions are important, often decisive, factors influencing procedural choice. My argument is simply that additional unarticulated and unrecognized aesthetic considerations also play a role in the procedural reform process. I refer to these elements as "aesthetic" because they focus on the formal qualities of a procedure (simplicity, elegance, coherence, and …