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Articles 1 - 14 of 14
Full-Text Articles in Law
The Meaning Of "Under Color Of" Law, Steven L. Winter
The Meaning Of "Under Color Of" Law, Steven L. Winter
Michigan Law Review
The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to …
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
Michigan Law Review
A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie
Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole
Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole
Michigan Law Review
A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker
Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian
Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian
Michigan Law Review
A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber
Medieval Iceland And Modern Legal Scholarship, Richard A. Posner
Medieval Iceland And Modern Legal Scholarship, Richard A. Posner
Michigan Law Review
A Review of Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland by William Ian Miller
Zero-Sum Madison, Thomas W. Merrill
Zero-Sum Madison, Thomas W. Merrill
Michigan Law Review
A Review of Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky
Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde
Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde
Michigan Law Review
A Review of Black Hills/White Justice: The Sioux Nation Versus the United States by Edward Lazarus
The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren
The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren
Michigan Law Review
A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg
Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman
Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman
Michigan Law Review
This Note develops a simple set of principles useful for defining navigable waters in a contemporary context. Part I considers why federal admiralty jurisdiction exists, and traces the evolution of the phrase navigable waters as a term of art. Part II analyzes the conflicting contemporary definitions of navigable waters. Part III resolves the conflict by proposing guidelines that address the major concerns of all competing definitions. The system advocated is consistent with the goals of admiralty, constitutionally sound, easy to apply, and focuses attention on the nexus test to resolve the issue of whether particular cases "belong" in admiralty.
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
Reviews
Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents a lucid …
I Hear A Rhapsody: A Reading Of The Republic Of Choice, Donald J. Herzog
I Hear A Rhapsody: A Reading Of The Republic Of Choice, Donald J. Herzog
Reviews
Readers coming to another volume by Lawrence Friedman might well expect a tightly crafted legal history. But this book is quite different. It offers a sweeping account of the transformation of modern law, a synoptic overview of what is finally distinctive about our legal culture, even a broadbrushed portrait of Western individualism. It does so breathlessly, in prose style and velocity. It's sometimes an engaging read, sometimes a distressing one, but-and here's what really matters-never a persuasive one. Or, worse yet, when it is persuasive it's because of its poetic and ideological features, not any kind of rigorous analysis.
Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow
Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow
Reviews
We the People: Foundations is an ambitious book, the first of three volumes in which Professor Ackerman proposes to recast conventional understanding of and contemporary debate about American constitutional law. Unfortunately, the book's rhetoricinflated, self-important, and self-congratulatory-impedes the effort to come to terms with its argument. How, for example, does one respond to a book that opens by asking whether the reader will have "the strength" to accept its thesis? Or that announces the author's intention of "engaging" two of the most influential works of intellectual history of the past several decades-and then discusses one in two and one-half pages …
Perestroika African Style: One-Party Government And Human Rights In Tanzania, John Quigley
Perestroika African Style: One-Party Government And Human Rights In Tanzania, John Quigley
Michigan Journal of International Law
The one-party systems in Africa have drawn negative reactions from Western States that provide economic aid. The article assesses the one-party system in light of international human rights law and asks whether aid-giving States must consider whether one-party rule in recipient States violates international standards. In this connection, the article asks whether the rights of association and political freedom as developed in Europe can fairly be applied to Africa, given its historical experience.
Marital Property Rights In Transition, Lawrence W. Waggoner
Marital Property Rights In Transition, Lawrence W. Waggoner
Articles
The subject of "marital property rights" is very timely because those rights are in a state of transition. The term "marital property rights" covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse. This lecture is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that high-powered estate planners get involved in very much because intestate estates are usually fairly small. …