Law Commons^™

History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein

Michigan Law Review

An American observer would expect the central issue in the public debate to be the conflict between the constitutionally protected values of individual freedom of expression on the one hand and public security and personal honor on the other. This, however, has not been the case. To the contrary, the constitutional issue has played a marginal role in the legislative process, and it has been resolved by the courts with obvious ease in favor of the constitutionality of the previous legislation on the same general subject. There is every reason to believe that the new law will also be upheld, …

Tribal Court Jurisdiction Over Civil Disputes Involving Non-Indians: An Assessment Of National Farmers Union Insurance Cos. V. Crow Tribe Of Indians And A Proposal For Reform, Allison M. Dussias

University of Michigan Journal of Law Reform

This Note examines the issue of tribal court jurisdiction over cases in which both Indians and non-Indians are parties and discusses the Supreme Court's most recent statement on the issue. In National Farmers Union Insurance Cos. v. Crow Tribe of Indians, an Indian minor brought a personal injury action in Crow Tribal Court against a Montana school district operating a school on state-owned land within the Crow Reservation. The Supreme Court concluded that the tribal court itself should first determine whether it has the power to exercise civil subject-matter jurisdiction over non-Indian property owners in a tort case. Defendants …

The History Of The Georgia Bill Of Rights, Robert N. Katz

Georgia State University Law Review

No abstract provided.

Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck

West Virginia Law Review

No abstract provided.

The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

An Aristocracy Of Voters: The Disfranchisement Of Blacks In South Carolina, Laughlin Mcdonald

South Carolina Law Review

No abstract provided.

The End Of Antitrust—Or A New Beginning?, Joe Sims, Robert H. Lande

All Faculty Scholarship

Antitrust is in one of its periodic states of decline. Historically, it has rebounded from these valleys to rise to even higher peaks of enthusiastic public and political popularity. The first period of substantial antitrust activity began 15 years after the passage of the Sherman Act, and lasted into the 1920s. The Great Depression saw antitrust at its lowest, followed by Thurman Arnold's aggressive tenure, but World War II was hardly a period of great antitrust enthusiasm. The 1950 Celler-Kefauver amendment to section 7 began the golden age of antitrust, a period that lasted until the middle 1970s. So far, …

Agenda: Western Water: Expanding Uses/Finite Supplies, University Of Colorado Boulder. Natural Resources Law Center

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell and David H. Getches.

This conference featured luncheon talks by Colorado Governor Richard D. Lamm and Undersecretary of the Department of the Interior Ann McLaughlin. The conference attracted 115 registrants from 19 states plus the District of Columbia.

Environmental Litigation In Historical Perspective, Samuel P. Hays

University of Michigan Journal of Law Reform

During the past several decades, litigation has played a major role in the attempt by citizens to realize environmental objectives. Its impact has been elaborated extensively in the vast array of writing in law journals as well as in the cases themselves. Most analyses have focused on specialized subjects of either substantive policy or legal procedure. In this brief Essay I attempt a more comprehensive overview involving two background factors- the growth of environmental values since World War II and the response of governmental institutions to the resulting demands placed upon them. Among these institutions were the courts. Their role …

From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen

Michigan Law Review

This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …

Law, Legalism, And Community Before The American Revolution, Bruce H. Mann

Michigan Law Review

The connections between law and community are difficult to identify, let alone explain. It may be best to begin by seeing how law and the ways people used it changed, and then attempt to relate those changes to the surrounding economy and society. One must, of course, be wary of finding what one looks for. Nonetheless, as with objects against a dark background, it is sometimes easier to see things when they move than when they remain still. To illustrate the interactive nature of legal change and community, I will draw on examples from Connecticut before the Revolution - not …

Ambivalent Legacy: A Legal History Of The South, Lynda J. Oswald

Michigan Law Review

A Review of Ambivalent Legacy: A Legal History of the South edited by David J. Bodenhamer and James W. Ely, Jr.

Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz

Michigan Law Review

A Review of Lying Down Together: Law, Metaphor, and Theology by Milner S. Ball

Conscience And The Law: The English Criminal Jury, Robert C. Palmer

Michigan Law Review

A Review of Verdict According to Conscience by Thomas Andrew Green

Levy Vs. Levy, David A. Anderson

Michigan Law Review

A Review of Emergence of a Free Press by Leonard W. Levy

Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy

Michigan Law Review

A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham

The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel

Michigan Law Review

A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart

The Trials Of Israel Lipski, Blaine G. Renfert

Michigan Law Review

A Review of The Trials of Israel Lipski by Martin L. Friedland

When Justice Fails, Stephan Landsman

Michigan Law Review

A Review of The Haymarket Tragedy by Paul Avrich

Law And Letters In American Culture, Lee W. Brooks

Michigan Law Review

A Review of Law and Letters in American Culture by Robert A. Ferguson

Monzo Raises Taxing Issue, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Review Of Culture And History In Medieval Iceland, William I. Miller

Reviews

It is a common dysfunction of scholars, particularly medieval historians, to fear grand syntheses and all-encompassing explanations. This is less frequently a disease among anthroplogists, and in fact in anthropologists of a structural bent there is no reticence whatsoever, but positive delight in the big, the general, the quasi- and the just plain theoretical. And in the best French tradition they often construct their models per ecartant les faits. Kirsten Hastrup is a structuralist more influenced by Levi-Strauss than Evans-Pritchard; she is also a trained anthropologist. This is both good and bad news. The Icelandic materials are as well suited …

Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz

Ledewitz Papers

Paper submitted to the Outreach Program of the Democratic Policy Commission to "identify emerging ideas and policy innovations among Democratic constituency groups, academics, policy experts and public officials." (Appendix D, p. 71) All papers were then reviewed by a group of volunteer policy specialists and their abstracts were subsequently "published and distributed at the appropriate Regional Round tables. All papers submitted were thereby made available to commission members and to other interested parties" (Id.). "Tales of the Donkey - A New Future for the Democratic Party" was submitted to the Democratic Policy Commission on Cross -Cutting Issues Affecting the Democratic …

The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Book Review: The Constitution In The Supreme Court: The First Hundred Years 1789-1888. By David P. Currie, Chicago Il: University Of Chicago Press, 1985. Pp. Xii, 504. $40.00, Johnny C. Burris

Nova Law Review

The Constitution of the United States is not a mere lawyers' document: it is a vehicle of life, and its spirit is always the spirit of the age

Historical Aspects Of Legal Interpretation, Peter Goodrich

Articles

No abstract provided.

The Armed Citizen In The Early Republic, Robert E. Shalhope

Law and Contemporary Problems

No abstract provided.

Review Of Disputes And Settlements: Law And Human Relations In The West, By J. Bossy, Editor., William I. Miller

Reviews

Evans-Pritchard probably knew he was exaggerating, but not being able to resist the chance to repay a gift in kind, he reversed Maitland's dictum and claimed that history must choose between being social anthropology or being nothing. If we substitute "tedious" for "nothing" we would have a truer statement. Legal history, if not quite heeding Evans-Pritchard, has in the past decade begun to learn some lessons from legal anthropology and the sociology of law. Studies of bureaucratic development, forms of action, formulae and writs, while still flourishing in the hands of several brilliant practitioners, are tending to give way slowly, …

Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller

Articles

An eminent legal historian once noted that the fundamental problem of law enforcement in primitive societies is that of the secret offender. The Icelandic legal and dispute processing systems depended on a wrongdoer publishing his deed, or at least committing it in an open and notorious manner. No state agencies existed to investigate and discover the non-publishing wrongdoer. But there were strong normative inducements to wrong openly; one's name was at stake. There was absolutely no honor in thievery, only the darkest shame; the ransmadr, on the other hand, suffered no shame for his successful raids, even if he did …