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Articles 1 - 15 of 15
Full-Text Articles in Law
In Re Radical Interpretations Of American Law: The Relation Of Law And History, A. E. Keir Nash
In Re Radical Interpretations Of American Law: The Relation Of Law And History, A. E. Keir Nash
Michigan Law Review
This Article centers instead upon assessing two types of legal analysis - non-Marxist radical interpretation and "non-reductionist" Marxist theory - which, despite conspicuous differences, share the belief that understanding the American historical experience is a prerequisite to understanding American law. Both approaches also share two other important convictions. One is that a "consensual" or "liberal pluralist" version of American history has little explanatory validity, at least in regard to such major problems as the political and legal breakdown represented by the Civil War, and the law's role in American economic development. They also agree that historical explanations which downplay discussion …
Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin
Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin
Michigan Law Review
The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set …
Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White
Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White
Michigan Law Review
Most contemporary discussions of the "exclusionary rule" assume or assert that this "rule" is not part of the fourth amendment, nor required by its terms, but is rather a judicial "remedy" that was fashioned to protect those rights (against unreasonable search and seizure) that actually are granted by the fourth amendment. The protection is said to work by "deterring" official violations; this is, however, an odd use of the word, for the rule does not punish violations but merely deprives the government of some of the benefits that might ensue from them, namely the use in the criminal case of …
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Michigan Law Review
A Review of A Constitutional History of Habeas Corpus by William F. Duker
The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review
The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review
Michigan Law Review
A Review of The Promise of American Law: A Theological, Humanistic View of Legal Process by Milner S. Ball
The New Deal Lawyers, Michigan Law Review
The New Deal Lawyers, Michigan Law Review
Michigan Law Review
A Review of The New Deal Lawyers by Peter H. Irons
The Conduct Of Just And Limited War, Michigan Law Review
The Conduct Of Just And Limited War, Michigan Law Review
Michigan Law Review
A Review of The Conduct of Just and Limited War by William V. O'Brien
Empty History, Erwin Chermerinsky
Empty History, Erwin Chermerinsky
Michigan Law Review
A Review of Politics and the Constitution in the History of the United States, Volume 3: The Political Background of the Federal Convention by William Winslow Crosskey and William Jeffrey, Jr.
Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker
Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker
Michigan Law Review
A Review of The Roots of Justice by Lawrence M. Friedman and Robert V. Percival, and Conscience and Convenience by David Rothman
A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader
A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader
Michigan Law Review
A Review of Courts--A Comparative and Political Analysis by Martin Shapiro, and Lawsuits and Litigants in Castile, 1500-1700 by Richard L. Kagan
Roman Law Influence On The Civil Law, Charles Donahue Jr.
Roman Law Influence On The Civil Law, Charles Donahue Jr.
Michigan Law Review
A Review of The Making of the Civil Law by Alan Watson
Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings
Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings
Michigan Law Review
A Review of Law and Society in Puritan Massachusetts: Essex County, 1629-1692 by David Thomas Konig, and Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825 by William E. Nelson, and Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 by A.G. Roeber
Anatomy Of Racism, Damon J. Keith
Anatomy Of Racism, Damon J. Keith
Michigan Law Review
A Review of Hearts and Minds: The Anatomy of Racism From Roosevelt to Reagan by Harry S. Ashmore
Regulation In Perspective: Historical Essays, Michigan Law Review
Regulation In Perspective: Historical Essays, Michigan Law Review
Michigan Law Review
A Review of Regulation and Perspective: Historical Essays edited by Thomas K. McCraw
So Reason Can Rule, Michigan Law Review
So Reason Can Rule, Michigan Law Review
Michigan Law Review
A Review of So Reason Can Rule by Scott Buchanan