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Articles 1 - 14 of 14

Full-Text Articles in Law

Some Kind Of Judge: Henry Friendly And The Law Of Federal Courts, Aaron P. Brecher Apr 2014

Some Kind Of Judge: Henry Friendly And The Law Of Federal Courts, Aaron P. Brecher

Michigan Law Review

Uberfans of the federal judiciary owe a lot to David Dorsen. His illuminating biography of Judge Henry Friendly is a fitting tribute to the contributions of a jurist that many consider to be among the finest judges never to sit on the U.S. Supreme Court. Judicial biography is a difficult genre to do well, and most authors choose to focus on Supreme Court justices. But Henry Friendly, Greatest Judge of His Era is an excellent source of information on Friendly’s life and, far more important, his views on the law and his relationships with some of the most ...


Professor Ed Cooper: Zen Minimalist, Linda S. Mullenix Jan 2013

Professor Ed Cooper: Zen Minimalist, Linda S. Mullenix

University of Michigan Journal of Law Reform

In celebration of his twentieth year as the Reporter for the Advisory Committee on Civil Rules, I write to contribute some modest reflections on Professor Cooper's tenure as Advisory Committee Reporter. My comments are those of an academic who had the opportunity to observe the Advisory Committee for nearly a decade, but they are largely the comments of an outsider. Readers might be disappointed to find that there is no dish or inside baseball here.


Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette Jan 2013

Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette

University of Michigan Journal of Law Reform

The parallels between Bacon's career and that of Edward H. Cooper are, of course, obvious. Bacon was one of the great legal minds of his day. Unlike the common-law judges who formed the law by deciding cases, Bacon expressed his greatness in writing brilliant juristic treatises and, as Lord Chancellor, drafting one of the first modern rule systems, the Ordinances in Chancery (1617-1620).4 Indeed, my thesis is that Bacon invented modern, scientific rulemaking by fusing his new theories of inductive, empirical research with the traditions of equitable pleading and is, in fact, the intellectual forbearer of the likes ...


John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang Jan 2013

John C.H. Wu And His Comparative Law Pursuit, Xiaomeng Zhang

Law Librarian Scholarship

In this paper, I will focus on exploring Wu's accomplishments in comparative law from four different aspects. After a brief introduction to the historical and societal background of Wu' s life and research in Part II, I will examine his comparative law research and methodologies in Part III. In Part IV, I will elaborate his contributions to the development of Chinese legal education in the Republican China era at the Comparative Law School of China. I will then analyze how his jurisprudence was further reflected in his judicial rulings, which helped shape the contemporary Chinese judicial system in Part ...


They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthony J. Scirica Jan 2013

They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthony J. Scirica

University of Michigan Journal of Law Reform

This introduction to the essays in this Symposium illuminates Professor Ed Cooper's years as Reporter to the Civil Rules Committee by first briefly describing those who preceded him in the position and his own background. We then describe some of Ed Cooper's many contributions to the Civil Rules Committee, the Federal Rules, rulemaking, and civil procedure by examining the present state of the Rules Committees' work under the Rules Enabling Act. We conclude that after almost eighty years of experience under that Act, it is working well in large part because of the sound leadership provided by Ed ...


Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler Jan 2013

Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler

University of Michigan Journal of Law Reform

Nobody had a greater impact on the formulation of the original Civil Rules than Clark. His role as both the principal architect2 and the principal draftsman3 of the Civil Rules is well known. As Professor Wright once put it, although the Civil Rules were a joint effort, "the end product bears the unmistakable Clark stamp."4 But Clark started shaping the Civil Rules even before drafting began.5 Initially, Chief Justice Hughes thought the civil rules project should be limited to creating rules for actions at law (leaving in place-and separate-the existing equity rules).6 A passionate advocate for merging ...


Microhistory Set In Motion: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott Jan 2009

Microhistory Set In Motion: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott

Book Chapters

Sidney Mintz’s Worker in the Cane is a model life history, uncovering the subtlest of dynamics within plantation society by tracing the experiences of a single individual and his family. By contrast, Mintz’s Sweetness and Power gains its force from taking the entire Atlantic world as its scope, examining the marketing, meanings, and consumption of sugar as they changed over time. This essay borrows from each of these two strategies, looking at the history of a single peripatetic family across three long-lived generations, from enslavement in West Africa in the eighteenth century through emancipation during the Haitian Revolution ...


Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe Jan 2003

Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe

Michigan Journal of Race and Law

Part I of this article, on the historiography of South Carolina Reconstruction, explains the difficulty scholars have had in uncovering the documentary history of Reconstruction, and outlines the development of historical interpretations of Reconstruction from the Nineteenth century Redeemer-era accounts to the revisionists of the 1970's. Part II provides brief biographies of both Justice Wright and William James Whipper. Parts III and IV track the different approaches of Whipper and Wright on two vital issues of their day: (1) whether to repudiate all private debts relating to slavery; and (2) how to construct a homestead law to protect cash-poor ...


Linking The Visions, Thomas A. Green Jan 2000

Linking The Visions, Thomas A. Green

Other Publications

Professor Thomas Green talks about his teaching and work.


Cardozo The [Small R] Realist, Richard D. Friedman Jan 2000

Cardozo The [Small R] Realist, Richard D. Friedman

Reviews

In Part I of this Review, I will discuss aspects of Cardozo's life and character. In Part II, I will discuss Cardozo's jurisprudential theory as revealed in his lectures and essays. In Part IlI, I will suggest how we gain a better perspective on his judicial opinions by understanding not only that theory but also the man and his life.


The Dangers Of Misappropriation: Misusing Martin Luther King, Jr.'S Legacy To Prove The Colorblind Thesis, Ronald Turner Jan 1996

The Dangers Of Misappropriation: Misusing Martin Luther King, Jr.'S Legacy To Prove The Colorblind Thesis, Ronald Turner

Michigan Journal of Race and Law

This Article focuses on one particular aspect of the colorblind thesis: the misuse of Martin Luther King, Jr.'s image and legacy by liberals, neoliberals, conservatives, and neoconservatives "who cheaply invoke Dr. King's words even as they kill the substance and spirit of his radical message." The campaign supporting the adoption of Proposition 209, the California Civil Rights Initiative ("CCRI"), directly illustrates the misappropriation of King's legacy. Supporters of this anti-affirmative action proposal which calls for racial neutrality and a colorblind America, regularly invoked King's name, suggesting that he would have embraced such a measure. The California ...


Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman May 1993

Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman

Michigan Law Review

A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.


Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman Jan 1991

Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman

Reviews

Judge Richard Posner has written a genial book about one of our greatest judicial icons, Benjamin N. Cardozo.1 He seeks not only to assess the merits of Cardozo's writings, both on and off the bench, but also to measure, and determine the causes of, Cardozo's reputation. The book is an outgrowth of a lecture series,2 and it reveals its origins in at least two ways. First, the book attempts to reach a mixed audience, composed of both lawyers and laypeople, and in this aspect it is very successful. Nonlawyers, I believe, will have little difficulty following ...


Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland Mar 1971

Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland

Michigan Law Review

A Review of The Justices of the United States Supreme Court, 1789-1969: Their Lives and Major Opinions edited by Leon Friedman and Fred L. Israel