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- Michigan Law Review (189)
- Articles (74)
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- Reviews (23)
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Articles 271 - 300 of 408
Full-Text Articles in Law
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
Michigan Law Review
This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …
When Justice Fails, Stephan Landsman
When Justice Fails, Stephan Landsman
Michigan Law Review
A Review of The Haymarket Tragedy by Paul Avrich
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Michigan Law Review
A Review of Verdict According to Conscience by Thomas Andrew Green
Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy
Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy
Michigan Law Review
A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham
Levy Vs. Levy, David A. Anderson
Levy Vs. Levy, David A. Anderson
Michigan Law Review
A Review of Emergence of a Free Press by Leonard W. Levy
Ambivalent Legacy: A Legal History Of The South, Lynda J. Oswald
Ambivalent Legacy: A Legal History Of The South, Lynda J. Oswald
Michigan Law Review
A Review of Ambivalent Legacy: A Legal History of the South edited by David J. Bodenhamer and James W. Ely, Jr.
The Trials Of Israel Lipski, Blaine G. Renfert
The Trials Of Israel Lipski, Blaine G. Renfert
Michigan Law Review
A Review of The Trials of Israel Lipski by Martin L. Friedland
Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz
Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz
Michigan Law Review
A Review of Lying Down Together: Law, Metaphor, and Theology by Milner S. Ball
Law And Letters In American Culture, Lee W. Brooks
Law And Letters In American Culture, Lee W. Brooks
Michigan Law Review
A Review of Law and Letters in American Culture by Robert A. Ferguson
Review Of Culture And History In Medieval Iceland, William I. Miller
Review Of Culture And History In Medieval Iceland, William I. Miller
Reviews
It is a common dysfunction of scholars, particularly medieval historians, to fear grand syntheses and all-encompassing explanations. This is less frequently a disease among anthroplogists, and in fact in anthropologists of a structural bent there is no reticence whatsoever, but positive delight in the big, the general, the quasi- and the just plain theoretical. And in the best French tradition they often construct their models per ecartant les faits. Kirsten Hastrup is a structuralist more influenced by Levi-Strauss than Evans-Pritchard; she is also a trained anthropologist. This is both good and bad news. The Icelandic materials are as well suited …
Review Of Disputes And Settlements: Law And Human Relations In The West, By J. Bossy, Editor., William I. Miller
Review Of Disputes And Settlements: Law And Human Relations In The West, By J. Bossy, Editor., William I. Miller
Reviews
Evans-Pritchard probably knew he was exaggerating, but not being able to resist the chance to repay a gift in kind, he reversed Maitland's dictum and claimed that history must choose between being social anthropology or being nothing. If we substitute "tedious" for "nothing" we would have a truer statement. Legal history, if not quite heeding Evans-Pritchard, has in the past decade begun to learn some lessons from legal anthropology and the sociology of law. Studies of bureaucratic development, forms of action, formulae and writs, while still flourishing in the hands of several brilliant practitioners, are tending to give way slowly, …
Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller
Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller
Articles
An eminent legal historian once noted that the fundamental problem of law enforcement in primitive societies is that of the secret offender. The Icelandic legal and dispute processing systems depended on a wrongdoer publishing his deed, or at least committing it in an open and notorious manner. No state agencies existed to investigate and discover the non-publishing wrongdoer. But there were strong normative inducements to wrong openly; one's name was at stake. There was absolutely no honor in thievery, only the darkest shame; the ransmadr, on the other hand, suffered no shame for his successful raids, even if he did …
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Articles
Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
Michigan Law Review
This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.
Impeachment In America, 1635-1805, Michigan Law Review
Impeachment In America, 1635-1805, Michigan Law Review
Michigan Law Review
A Review of Impeachment in America, 1635-1805 by Peter Charles Hoffer and N.E.H. Hull
Their Litigious Society, A.W. Brian Simpson
Their Litigious Society, A.W. Brian Simpson
Michigan Law Review
A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer
The Birth Of A Public Corporation, Jon C. Teaford
The Birth Of A Public Corporation, Jon C. Teaford
Michigan Law Review
A Review of Public Property and Private Power: The Corporation of the City of New York in American Law, 1730-1870. by Hendrik Hartog
The Crisis Of The Western Legal Tradition, William Chester Jordan
The Crisis Of The Western Legal Tradition, William Chester Jordan
Michigan Law Review
A Review of Law and Revolution: The Formation of the Western Legal Tradition by Harold J. Berman
The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review
The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review
Michigan Law Review
A Review of The Well-Ordered Police State: Social and Institutional Change Through Law in the Germanies and Russia, 1600-1800 by Marc Raeff
Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green
Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green
Books
This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …
The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown
The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown
University of Michigan Journal of Law Reform
The intellectual history of the University of Michigan Law School is recorded in the titles of contributions to legal literature published from its organization in October 1859 to the present. These writings demonstrate a continued commitment to legal scholarship and illustrate both the changing patterns in the subjects chosen for research and writing, and the methods utilized for treatment of the subjects.
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Michigan Law Review
The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …
Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman
Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman
Michigan Law Review
A Review of Law School: Legal Education in America From the 1850s to the 1980s by Robert Stevens
Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review
Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review
Michigan Law Review
A Review of Capital Punishment: Criminal Law and Social Evolution by Jan Gorecki
Love Canal: Science, Politics, And People, Michigan Law Review
Love Canal: Science, Politics, And People, Michigan Law Review
Michigan Law Review
A Review of Love Canal: Science, Politics, and People by Adeline Gordon Levine
Law On The Installment Plan, Bruce W. Frier
Law On The Installment Plan, Bruce W. Frier
Michigan Law Review
A Review of Ulpian by Tony Honoré
Criminal Justice In Colonial America, 1606-1660, Michigan Law Review
Criminal Justice In Colonial America, 1606-1660, Michigan Law Review
Michigan Law Review
A Review of Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
University of Michigan Journal of Law Reform
Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
Book Chapters
The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …
A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey
A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey
Michigan Journal of International Law
This article traces international efforts to regulate propaganda through the pre- and post-UN periods, charting its development from a rather peripheral concern of international law to its important role in the currently evolving law of international communication.