Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 18 of 18
Full-Text Articles in Law
Duff: A Life In The Law, Della M. M. Stanley
Duff: A Life In The Law, Della M. M. Stanley
Dalhousie Law Journal
According to Donald G. Creighton wrote, "History is not made by inanimate forces and human automatons: it is made by living men and women ... which can best be understood by that insight into character . . . which is one of the great attributes of literary art."' The form of that literary art is the biography, a synthesis of an individual's life, activities, ideas, attitudes and character, placed within an historical context. The biographer must look beyond the public perception into the private life of his subject in hopes of better understanding and explaining his character and actions. That …
Social Science And Segregation Before Brown, Herbert Hovenkamp
Social Science And Segregation Before Brown, Herbert Hovenkamp
Duke Law Journal
A wide variety of scholarship has addressed the law of race relations during the late nineteenth and early twentieth centuries. Much of that scholarship has presented the judicial record in the Gilded Age and Progressive Era cases as reactionary and somehow in violation of the basic principles of equality implicit in the American Constitution, particularly in the thirteenth, fourteenth, and fifteenth amendments. Professor Hovenkamp calls this view into question by examining the science and social science of that period and the use of scientific information in race relations cases. He concludes that late nineteenth and early twentieth century courts used …
Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet
Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet
Michigan Law Review
The focus in constitutional theory on judicial review rests on a much deeper political theory than the phrase "countermajoritarian difficulty" standing alone suggests. Majoritarian or democratic decision making is itself a solution to a set of problems that arise from a particular view of human nature and political action. In this Article, I identify, explicate, and criticize some recent developments in constitutional theory which are of interest to the extent that they reject that view of human nature and politics. I take as my focus important articles by Robert Burt, Robert Cover, Owen Fiss, Frank Michelman, and Cass Sunstein. I …
Relief From Final Judgment Under Rule 60(B)(1) Due To Judicial Errors Of Law, Michigan Law Review
Relief From Final Judgment Under Rule 60(B)(1) Due To Judicial Errors Of Law, Michigan Law Review
Michigan Law Review
This Note seeks to resolve these conflicts by proposing a sensible reading of rule 60(b )(1) that reconciles the basic philosophies underlying differing interpretations of the rule. Part I examines the history of rule 60(b)(l) and the policies espoused by the courts and commentators in considering whether the rule should be applied to judicial errors of law and concludes that courts should employ the rule to correct obvious judicial errors of law. Part II recommends a broad scope for rule 60(b )(1) motions, proposing that the only type of alleged judicial error outside the reach of such a motion should …
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
Michigan Law Review
This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.
The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review
The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review
Michigan Law Review
A Review of The Well-Ordered Police State: Social and Institutional Change Through Law in the Germanies and Russia, 1600-1800 by Marc Raeff
The Crisis Of The Western Legal Tradition, William Chester Jordan
The Crisis Of The Western Legal Tradition, William Chester Jordan
Michigan Law Review
A Review of Law and Revolution: The Formation of the Western Legal Tradition by Harold J. Berman
Their Litigious Society, A.W. Brian Simpson
Their Litigious Society, A.W. Brian Simpson
Michigan Law Review
A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer
The Birth Of A Public Corporation, Jon C. Teaford
The Birth Of A Public Corporation, Jon C. Teaford
Michigan Law Review
A Review of Public Property and Private Power: The Corporation of the City of New York in American Law, 1730-1870. by Hendrik Hartog
Impeachment In America, 1635-1805, Michigan Law Review
Impeachment In America, 1635-1805, Michigan Law Review
Michigan Law Review
A Review of Impeachment in America, 1635-1805 by Peter Charles Hoffer and N.E.H. Hull
Why I Teach Water Law, Joseph L. Sax
Why I Teach Water Law, Joseph L. Sax
University of Michigan Journal of Law Reform
I began my first law school job in 1962 and water law is the only subject I have taught every year since then. Though I am enthusiastic about all the courses I teach, I confess that water law remains my favorite. I have often asked myself why, because few subjects are considered more peripheral to the central mission of the law schools. In the East and Midwest the course is rarely taught, and in the West-where it has long been a staple- it is pretty much treated as a "nuts-and-bolts" offering for students who will practice in appropriation doctrine states. …
The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown
The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown
University of Michigan Journal of Law Reform
The intellectual history of the University of Michigan Law School is recorded in the titles of contributions to legal literature published from its organization in October 1859 to the present. These writings demonstrate a continued commitment to legal scholarship and illustrate both the changing patterns in the subjects chosen for research and writing, and the methods utilized for treatment of the subjects.
Reflections On Labor, Power, And Society , James B. Atleson
Reflections On Labor, Power, And Society , James B. Atleson
Maryland Law Review
No abstract provided.
Does Karl Klare Protest Too Much?, Matthew W. Finkin
Does Karl Klare Protest Too Much?, Matthew W. Finkin
Maryland Law Review
No abstract provided.
Lost Opportunity: Concluding Thoughts On The Finkin Critique, Karl E. Klare
Lost Opportunity: Concluding Thoughts On The Finkin Critique, Karl E. Klare
Maryland Law Review
No abstract provided.
The History And Purposes Of Rule 11, Robert L. Carter
The History And Purposes Of Rule 11, Robert L. Carter
Fordham Law Review
No abstract provided.
The History And Purposes Of Rule 11, John F. Cannon
The History And Purposes Of Rule 11, John F. Cannon
Fordham Law Review
No abstract provided.
Traditional Labor Law Scholarship And The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare
Traditional Labor Law Scholarship And The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare
Maryland Law Review
No abstract provided.