Law Commons^™

An Interpretive History Of Modern Equal Protection, Michael Klarman

Michigan Law Review

My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, …

Epa’S Organizational Structure, Alfred A. Marcus

Law and Contemporary Problems

The origins and early history of the EPA are reviewed. The US might have had better natural resource and environmental protection policies if some of the principles of comprehensive environmental management considered at EPA's founding had been followed.

A Historical Review Of Litigation In Baseball, Richard L. Irwin

Marquette Sports Law Review

No abstract provided.

Shame, Culture, And American Criminal Law, Toni M. Massaro

Michigan Law Review

The purpose of this Article is to analyze whether this link is one that American criminal court judges can, or should, exploit. I begin with a description of the new shaming sanctions and the possible justifications for this type of penalty. I then identify both psychological and anthropological aspects of the phenomenon of shame, or "losing face." I describe several cultures in which shaming practices are, or were, significant means of sanctioning behavior, and outline the shared features of these cultures.

These psychological and anthropological materials, taken together, suggest that shaming practices are most effective and meaningful when five conditions …

Palestine And Israel: A Challenge To Justice, James E. Hopenfeld

Michigan Law Review

A Review of Palestine and Israel: A Challenge to Justice by John Quigley

The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann

Michigan Law Review

A Review of The Law's Conscience: Equitable Constitutionalism in America by Peter Charles Hoffer

Justice, Mercy, And Late Medieval Governance, Pat Mccune

Michigan Law Review

A Review of Kingship, Law, and Society: Criminal Justice in the Reign of Henry V by Edward Powell

Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke

Michigan Law Review

A Review of Moral Foundations of Constitutional Thought: Current Problems, Augustinian Prospects by Graham Walker

From Homer To Hegel: Ideas Of Law And Culture In The West, John Witte Jr.

Michigan Law Review

A Review of The Human Measure: Social Thought in the Western Legal Tradition by Donald R. Kelley

The American Indian In Western Legal Thought: The Discourses Of Conquest, Melissa L. Koehn

Michigan Law Review

A Review of The American Indian in Western Legal Thought: The Discourses of Conquest by Robert A. Williams, Jr.

Roman Law As A Political Agenda, Mathias Reimann

Michigan Law Review

A Review of The Legacy of Roman Law in the German Romantic Era by James Q. Whitman

From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham

Michigan Law Review

A Review of The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain by David Lieberman

Women And Law In Classical Greece, Craig Y. Allison

Michigan Law Review

A Review of Women in Law in Classical Greece by Raphael Sealey

Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan

Michigan Law Review

A Review of The Transformation of Criminal Justice: Philadelphia, 1800-1880 by Allen Steinberg

The Civil Rights Hydra, Neal Devins

Michigan Law Review

A Review of The Civil Rights Era by Hugh Davis Graham

Supreme Court Civil Rights Litigation And Deja Vu , Constance Baker Motley

Cornell Law Review

No abstract provided.

Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain

Michigan Law Review

In this article, I argue that labor unions can be an effective, central tool in a feminist agenda targeting the gendered structure of wage labor. Collective action is the most powerful and expedient route to female empowerment; further, it is the only feasible means of transforming our deeply gendered market and family structure. Others have laid the groundwork by showing how existing individual-model challenges have been unable to accomplish such broad-based reform. I begin where they leave off.

Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin

Michigan Journal of International Law

Part I of this note will explore the concepts of self-determination and minority rights in international law and their development over time. This is particularly relevant to the countries of Central and Eastern Europe, because these concepts saw their first full flowering in the period during and following the First World War, when those countries gained their independence from the European powers. Part II will discuss the evolution of the constitutional relationship between the Czechs and the Slovaks from the constitution of the first Czechoslovak Republic to the current constitutional reforms of the CSFR. This analysis will show the emerging …

The Bicentennial Of The United States District Court For The District Of Maryland 1790-1990, Andrew Radding

Maryland Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Condominia Of Morgan: A Family Of Bankers And A Family Of Banks, Michael P. Malloy

Fordham Law Review

The House of Morgan, By R. Chernow. Atlantic Monthly Press, 1990. Pp. 812. $14.95

The Matrix Of The Common Law, George L. Haskins

Cleveland State Law Review

Great men have admonished us never to forget the continuing relevance of history in the Anglo-American legal system. We are cautioned to remember that the highly individualistic character of much of our law is explained by its Germanic rather than its Roman roots and, further, that the Anglo-American system has built upon countervailing concepts of relationships which are feudal in origin, and to which rights and duties attach without regard to the will of individuals, which is the underlying principle of classical Roman law. Thus, in our law, powers, rights, and duties stem from relationships such as principal-agent, vendor-purchaser, landlord-tenant …

Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford

St. Mary's Law Journal

The revision of the Texas Workers’ Compensation Act will affect most Texas taxpayers and workers. The Act, entering into force January 1, 1991, significantly restructures the preexisting seventy-six-year-old system. Before the advent of workers’ compensation systems employees relied on the court and common-law causes of action as the sole means of recovery. In 1913, Texas enacted one of the first versions of workers’ compensation in the United States. The original act created a system to compensate workers for injuries sustained during employment without regard to fault. Initially the act was elective for employers and mandatory for employees but was later …

Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes

Michigan Law Review

In Part I of this article, we analyze the development of case law interpreting the religious freedom language of the First Amendment from the 1940s to the eve of the rights revolution as a casualty of the piecemeal approach to incorporation, compounded by a series of judicial lapses and oversights. Part II deals with the fate of the Religion Clause in the era of the rights revolution, when the free exercise and establishment provisions were deployed in the service of a constitutional agenda to which they were, in themselves, largely peripheral. The current period of doctrinal change is the subject …