Law Commons^™

The First Us Tax Treaty And Its Influence, Reuven S. Avi-Yonah

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In 1945, the US negotiated a tax treaty with the UK.1 This treaty was based on the London model, which was the last contribution of the League of Nations to international tax. Since it was a treaty between the two most important economies in the world, it precipitated the post-war rise in tax treaty negotiations. It also was similar to the first OECD model of 1963. In general, with a few exceptions (citizenship-based taxation, residence of corporations, limitation on benefits) the US models of 1981, 1996, 2006 and 2016 closely resemble the OECD model. This is not surprising given the …

Introduction: Situating, Researching, And Writing Comparative Legal History, John G. H. Hudson, William Eves

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This volume is a selection of essays taken from the excellent range of papers presented at the British Legal History Conference hosted by the Institute for Legal and Constitutional Research at the University of St Andrews, 10–13 July 2019. The theme of the conference gives this book its title: ‘comparative legal history’. The topic came easily to the organisers because of their association with the St Andrews-based European Research Council Advanced grant project ‘Civil law, common law, customary law: consonance, divergence and transformation in Western Europe from the late eleventh to the thirteenth centuries’. But the chosen topic was also …

Kamisar, Yale, Jerold H. Israel

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Kamisar, Yale (1929- ). Law professor. Born in the Bronx, N.Y., to an immigrant, working-class family of modest means and limited educational background, Kamisar received academic scholarships that enabled him to attend New York University (B.A., 1950) and, after enlisting in the army during the Korean War and winning a Purple Heart, Columbia Law School (LLB., 1954).

The Naa Agora: What's Right With Labor Arbitration…And How To Keep It That Way., Theodore J. St. Antoine

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Now it’s time for all of us to step into the Agora, the National Academy’s marketplace of ideas. Leading the discussion this morning and introducing the members of the First Circle will be Professor Roger Abrams. Roger’s not on the stage right now, for reasons that will become obvious in just a moment. By way of introduction, Roger, of course, is a National Academy member. He is the Richardson Professor of Law at Northeastern University Law School; and currently he is a visiting Professor of Law at Harvard Law School. Roger is the former dean of Northeastern Law, of Rutgers …

The Once And Future Labor Act: Myths And Realities, Theodore J. St. Antoine

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In this provocative article Professor St. Antoine laments, "I cannot believe that a private-sector workforce that is only one-tenth organized is ultimately good for labor, for management, or for the whole of our society." His speech to the College of Labor and Employment Lawyers outlines the original purposes of the National Labor Relations Act, the reasons for the drastic decline in the percentage of the workforce that is unionized, and his suggestions for changes in the law that would encourage and promote collective bargaining.

Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross

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Welcome. It is a pleasure to see everybody at this bright and cheery hour of the morning. My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.

Linking The Visions, Thomas A. Green

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Professor Thomas Green talks about his teaching and work.

It's Worth Remembering, John W. Reed

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A speech delivered to the Michigan Supreme Court Historical Society Annual Meeting luncheon, held in Southfield, Michigan on April 28, 1994.

Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White

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The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of …

Professional Education Then And Now: Law, Elizabeth Gaspar Brown

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The Law Department, the third of those mandated by the state statute of 1837, commenced to function on October 3, 1859. In the morning the three-member law faculty met and elected James Valentine Campbell, an Associate Justice of the Michigan Supreme Court, as its dean. In the afternoon, Campbell delivered an address "On the Study of Law" to a crowd of faculty, students, and visitors in the Ann Arbor Presbyterian Church.

The next morning, 90 students - 60 from Michigan, 29 from other states of the Union, and one from Canada - assembled for the first lecture in the prescribed …

Introduction To Book Iv, Thomas A. Green

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The final volume of Blackstone's Commentaries sets forth a·lucid survey of crime and criminal procedure informed by those propositions concerning English law and the relations between man and state that characterize the entire work. Perhaps no area of the law so tested Blackstone's settled and complacent views as did the criminal law, particularly the large and growing body of statutory capital crimes. In the end, Blackstone failed to demonstrate that English criminal law reflected a coherent set of principles, but his intricate and often internally contradictory attempt nevertheless constitutes a classic description of that law, and can still be read …

Editorial Preface To This Volume, Joseph H. Drake

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In his editorial preface to Formal Bases of the Law, Professor Drake offers a detailed summary of Del Vecchio’s historical survey of the philosophy of law. Drake reiterates that “the struggle for better definition of law has resulted in continually widening the practical application of law. In like manner it may be shown that the constant broadening of the metaphysical bases of law has been accompanied by improvements in its practice, and to this purpose we may well address ourselves.” From Aristotle to Grotius, to neo-Kantians and neo-Hegelians… “Law is neither force simply nor growth simply, but law is right …

Editorial Preface To This Volume, Joseph H. Drake

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"American juristic thinking at the present time needs a von Ihering. Our jurists, our legislators and our courts, both bench and bar, are still holding fast to an historical 'Naturrecht' built up on the precedents of the Common Law.... The public is crying out against our crystallized and inelastic theory and practice of law. The practical application of the idea of law as purpose would, in many cases, loosen our legal shackles and open the way out of our legal difficulties ...."

"The days of 'laissez faire' in legal matters have gone by in America as well as in Germany. …

The Law In The United States In Its Relation To Religion, Edwin C. Goddard

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Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …

The Memorial Addresses Delivered In University Hall, November 26, 1880, At The Funeral Of Professor James Craig Watson, … Professor In The University From 1859 To 1879, Henry S. Frieze, Charles K. Adams, Alexander Winchell, Thomas M. Cooley

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This is Judge Cooley's tribute to former University of Michigan astronomer Professor James Craig Watson, who died unexpectedly at age 42 and is buried in Forest Hill Cemetery in Ann Arbor. While not specifically related to the law, Cooley memorializes Watson with his ringing prose: "... it was among the stars this great man found his chief delight, and fitting it was that he should do so. He knew the stars as one knows the faces of his friends ..." But it is the last few pages of the tribute that Cooley asserts the glory of the State of Michigan …

Changes In The Balance Of Governmental Power, Thomas M. Cooley

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“In taking up for brief review the action of the convention in framing, and that of the people of the Union in adopting the Federal Constitution ninety years ago, we should be able after such a lapse of time, and in view of our diversified experience under it, to deal with it in a spirit of dispassionate criticism, and without boasting or unreasonable exultation. Yet we may perhaps truly say that the act itself was the most notable in government-making of which history bears record….”

The State Of The Law: A Test Of National Progress, Thomas M. Cooley

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“The work to which the student in law first addresses himself is the fixing in his mind of certain principles which are agreed upon, or are supposed to be, and which collectively constitute the body of the law…. The brief remarks that I shall make will be addressed to two points: 1. That the law of the land must in the main be the handiwork of those who administer and practice it, and 2, That the final and most satisfactory evidence of assured national advancement must be found in the state of the law….”

Washington: His Character And The Lessons To Be Drawn From It, Thomas M. Cooley

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Justice Cooley’s memorial on the occasion of Washington’s birthday: “In fabulous history nations are founded by gods. But these gods are only impersonations of the rough virtues most prized in a barbarous age, and their worship is therefore an adoration of those qualities … We have no fabulous history of our nation … Great characters may loom up as the builders, but they are not simply exaggerated personifications of power and force; they are men with human qualities, whose lives, in the records which are preserved, are open to our inspection; we may see what manner of men they were, …

With Some Considerations Regarding The Study Of The Law, Thomas M. Cooley

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Thomas M. Cooley's editions of Blackstone's Commentaries were the 19th century's "standard editions" of American analyses of the title. "The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led hem to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest. Lapse of time does not seem to diminish their attractions, or to lesson materially their practical value." Cooley's Preface explains that he came to edit the Commentaries with the awareness …

On The Study Of Law: An Address At The Opening Of The Law Department Of The University Of Michigan, October 3, 1859, James V. Campbell

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Professor Campbell's address on the occasion of the inauguration of the Department of Law at the University of Michigan, laying out the hopes for and expectations of the newly-created unit. He sweeps wide through the history of the State and the nobility of the profession: "Let everyone come to the study of the Law with a proper sense of its dignity and importance."