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Full-Text Articles in Legal History
Property, Contracts, And Politics, Mark Tushnet
Property, Contracts, And Politics, Mark Tushnet
Michigan Law Review
Rebecca Scott is a historian, not an economist. Describing how a dispute over a mule's ownership was resolved, Professor Scott reproduces a receipt two claimants left when they took the mule from the plantation whose manager claimed it as well (p. 185). By contrast, analyzing property relations in the pre-Civil War American South, economic historian Jenny Wahl observes, "[E]conomic historians tend to [use] ... frequency tables, graphs, and charts." The differences in visual aids to understanding indicate the various ways historians and economists approach a single topic-the relation between markets and politics, the latter defined to include the deployment of …
Promulgating The Marriage Contract, Lynn A. Baker
Promulgating The Marriage Contract, Lynn A. Baker
University of Michigan Journal of Law Reform
I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …
A Tale Of Two Laws, Barbara A. Black
A Tale Of Two Laws, Barbara A. Black
Michigan Law Review
A Review of The Rise and Fall of Freedom of Contract by Patrick S. Atiyah
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Michigan Law Review
Including (a) Warranty of Title, and (b) Warranty of Quality. Perhaps the most primitive commercial transaction affecting legal rights was the executed barter; in a more 'advanced state when money had been introduced, the executed sale.
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Michigan Law Review
The several forms of contract will be taken up in the following order: I. the Surety Contract, including (a) the creditor's rights against the debtor, (b) the creditor's rights to sue the surety, and (c) the surety's right of reimbursement; 2. the Warranty Contracts, including (a) warranty of title, and (b) warranty of quality; 3. the Contract of Court Record; 4. the Coitract of Plighted Faith; 5. the Pledge Contract; 6. the' "Delivery-Promise"; 7. the Written Contract; and 8. the "Earnest" Contract.