Law Commons^™

Appellate Remedy: The Ancient Precedents Of A Modern Right, Peter S. Poland

The Journal of Appellate Practice and Process

No abstract provided.

Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi

University of Richmond Law Review

This article hopes to accomplish three things. First, it will revisit the historical origins of the doctrine of promissory estoppel in the American law of contracts and the role that Samuel Williston, the Chief Reporter of the Restatement (First) of Contracts ("First Restatement") played in the evolution of the doctrine. The dominant theory is that Williston conceptualized the new promissory estoppel doctrine in a way that retarded and blunted the doctrine shortly after its birth. This theory is adhered to by both critics and proponents of the expansion of promissory estoppel as a ground of promissory obligation. According to both …

Right Feeling And Knowing Right: Insanity In Testators And Criminals In Nineteenth Century American Law, Robert Mensel

Oklahoma Law Review

No abstract provided.

Race And The Development Of Law In America: Introduction To The Symposium, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

A Short History Of Hearsay Reform, With Particular Reference To Hoffman V. Palmer, Eddie Morgan And Jerry Frank, Michael S. Ariens

Faculty Articles

Much of the history of the American law of evidence, including its most contentious issue, hearsay, is the story of stasis and reform. The case of Hoffman v. Palmer represents one of few cases concerning hearsay known by name, and illustrates that “false” evidence has often been used to caution against efforts proclaiming “radical reform” of the law of evidence.

In this case involving a collision between a car and a train, the critical question was: Is the defendant railroad permitted to introduce into evidence the transcript of a question and answer session made two days after the accident between …

The Transformation Of Morton Horwitz, Eben Moglen

Faculty Scholarship

In 1977, Morton Horwitz published his astonishing first book, The Transformation of American Law, 1780-1860. Looking back, two things could be said of the reception of the Transformation: the book was subjected to extremely searching and ultimately quite successful criticism, while at the same time it dominated the field of American legal history for more than a decade, as no book had before, or has since. Like almost all other historians of American law trained in the years following 1977, my education in the craft of legal history was decisively affected by the Transformation. My first published work was a …

Book Review. The Magic Mirror: Law In American History By Kermit L. Hall, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Eminent Domain Law, Riparian Doctrine, And Early American Land Settlement: An Evolutionary History Of Vested Property Rights From The Late 18th Through The 19th Century, Scott Beckstead

Undergraduate Honors Capstone Projects

This paper is an effort to present a synopsis of the jurisprudence of eminent domain law and riparian doctrine and their place in the history of American property law. Both areas are vast and complicated bodies of law, and both are still undergoing scrutiny and change. We therefore will concentrate on those cases and doctrines that culminated in the eminent domain jurisprudence of the early West. In the context of early American land settlement and development, the paper will define what is known among legal and historical scholars as "takings," expounding on different aspects of that concept. We will examine …

Legal History And Social Science: Friedman's History Of American Law, The Second Time Around, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Book Review. The Transformation Of American Law, 1780-1860 By Morton J. Horwitz, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Chroust: The Rise Of The Legal Profession In America, William Wirt Blume

Michigan Law Review

A Review of The Rise of the Legal Profession in America 2 vol. by Anton-Hermann Chroust

Schwartz: The Code Napoleon And The Common Law World, J. G. Castel

Michigan Law Review

A Review of The Code Napoleon and the Common Law World. Edited by Bernard Schwartz.

White: The Jacksonians, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

A Review of The Jacksonians. By Leonard D. White

Reuschlein: Jurisprudence-Its American Prophets., S. I. Shuman

Michigan Law Review

A Review of JURISPRUDENCE-ITS AMERICAN PROPHETS. A Survey of Taught Jurisprudence. By Harold Gill Reuschlein.

Book Notes, Law Review Staff

Vanderbilt Law Review

Conservation of Oil and Gas, A Legal History, 1948

Edited by Blakely M. Murphy

Chicago: American Bar Association, 1949. Pp. xvii, 754. $3.00

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1950 Annual Survey of American Law

New York University School of Law

New York: Prentice-Hall, Inc., 1951. Pp. x, 915. $10.00

Book Review. The Growth Of American Law: The Law Makers By James Willard Hurst, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.