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Articles 1 - 30 of 49
Full-Text Articles in Legal History
Facades Of Justice, Norman W. Spaulding
Facades Of Justice, Norman W. Spaulding
Michigan Law Review
Representing Justice is a book of encyclopedic proportions on the iconography of justice and the organization of space in which adjudication occurs. Professors Judith Resnik and Dennis Curtis have gathered a provocative array of images, ranging from the scales of the Babylonian god Shamash-"judge of heaven and earth"-on a 4,200-year-old seal (pp. 18- 19 & fig. 23), and a 600-year-old painting of Saint Michael weighing the souls at the Last Judgment with sword and scales in hand (p. 23 fig. 25) to the tiny Cook County Courthouse in Grand Marais, Minnesota, 110 miles north of Duluth (p. 372 fig. 226), …
Deconstructing 'Just And Proper': Arguments In Favor Of Adopting The 'Remedial Purpose' Approach To Section 10(J) Labor Injunctions, William K. Briggs
Deconstructing 'Just And Proper': Arguments In Favor Of Adopting The 'Remedial Purpose' Approach To Section 10(J) Labor Injunctions, William K. Briggs
Michigan Law Review
Congress, through the 1947 addition of section 10(j) to the National Labor Relations Act, authorized district courts to grant preliminary injunctive relief for unfair labor practices if they deem such relief "just and proper." To this day a circuit split persists over the correct interpretation of this "just and proper" standard. Some circuits interpret "just and proper" to require application of the traditional equitable principles approach that normally governs preliminary injunctions. Other circuits interpret "just and proper" to require an analysis of whether injunctive relief is necessary to preserve the National Labor Relations Board's remedial power This Note examines the …
Williams V. Lee And The Debate Over Indian Equality, Bethany R. Berger
Williams V. Lee And The Debate Over Indian Equality, Bethany R. Berger
Michigan Law Review
Williams v. Lee (1959) created a bridge between century-old affirmations of the immunity of Indian territories from state jurisdiction and the tribal self-determination policy of the twentieth century. It has been called the first case in the modern era of federal Indian law. Although no one has written a history of the case, it is generally assumed to be the product of a timeless and unquestioning struggle of Indian peoples for sovereignty. This Article, based on interviews with the still-living participants in the case and on examination of the congressional records, Navajo council minutes, and Supreme Court transcripts, records, and …
Scrutiny Land, Randy E. Barnett
Scrutiny Land, Randy E. Barnett
Michigan Law Review
Scrutiny Land is the place where government needs to justify to a court its restrictions on the liberties of the people. In the 1930s, the Supreme Court began limiting access to Scrutiny Land. While the New Deal Court merely shifted the burden to those challenging a law to show that a restriction of liberty is irrational, the Warren Court made the presumption of constitutionality effectively irrebuttable. After this, only one road to Scrutiny Land remained: showing that the liberty being restricted was a fundamental right. The Glucksberg Two-Step, however, limited the doctrine of fundamental rights to those (1) narrowly defined …
Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander
Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander
Michigan Law Review
Article III's provision for the compensation of federal judges has been much celebrated for the no-diminution provision that forecloses judicial pay cuts. But other features of Article Ill's compensation provision have largely escaped notice. In particular, little attention has been paid to the framers' apparent expectation that Congress would compensate federal judges with salaries alone, payable from the treasury at stated times. Article III's presumption in favor of salary-based compensation may rule out fee-based compensation, which was a common form of judicial compensation in England and the colonies but had grown controversial by the time of the framing. Among other …
The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller
The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller
Michigan Law Review
The first two terms of Franklin Roosevelt's presidency (1933-1941) were periods of great administrative innovation. Responding to the Great Depression, Congress created scores of new administrative agencies charged with overseeing economic policy and implementing novel social welfare programs. The story of the constitutional difficulties that some of these policy innovations encountered is a staple of both New Deal historiography and the constitutional history of twentieth-century America. There has been very little writing, however, about how courts and the New Deal-era administrative state interacted after these constitutional battles ended. Having overcome constitutional hurdles, these administrative agencies still had to interact with …
Theory Wars In The Conflict Of Laws, Louise Weinberg
Theory Wars In The Conflict Of Laws, Louise Weinberg
Michigan Law Review
Fifty years ago, at the height of modernism in all things, there was a great revolution in American choice-of-law theory. You cannot understand what is going on in the field of conflict of laws today without coming to grips with this central fact. With this revolution, the old formalistic way of choosing law was dethroned, and has occupied a humble position on the sidelines ever since. Yet there has been no lasting peace. The American conflicts revolution is still happening, and poor results are still frustrating good intentions. Now comes Dean Symeon Symeonides, the author of the choice of- law …
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
First Amendment Equal Protection: On Discretion, Inequality, And Participation, Daniel P. Tokaji
Michigan Law Review
The tension between equality and discretion lies at the heart of some of the most vexing questions of constitutional law. The considerable discretion that many official decisionmakers wield raises the spectre that violations of equality norms will sometimes escape detection. This is true in a variety of settings, whether discretion lies over speakers' access to public fora, implementation of the death penalty, or the recounting of votes. Is the First Amendment violated, for example, when a city ordinance gives local officials broad discretion to determine the conditions under which political demonstrations may take place? Is equal protection denied where the …
Formalism, Pragmatism, And The Conservative Critique Of The Eleventh Amendment, Michael E. Solimine
Formalism, Pragmatism, And The Conservative Critique Of The Eleventh Amendment, Michael E. Solimine
Michigan Law Review
For many years the Second Amendment to the constitution was construed by most authorities to grant a communal right to bear arms, through state militias and the like. Some years ago Sanford Levinson labeled this interpretation "embarrassing" to liberal scholars. That characterization was deserved, Levinson argued, since liberal academics had been eager to defend expansive interpretations of other rights-granting provisions of the Constitution. But they failed to do so when it came to language in the Second Amendment, which could be plausibly construed to grant an individual right to bear arms. The failure might be attributed, in part, to the …
Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan
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
Judicial Review And American Democracy, Stanley S. Sokul
Judicial Review And American Democracy, Stanley S. Sokul
Michigan Law Review
A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
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
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Michigan Law Review
A Review of A Constitutional History of Habeas Corpus by William F. Duker
The Medieval English County Court, Stephen D. White
The Medieval English County Court, Stephen D. White
Michigan Law Review
A Review of The County Courts of Medieval England, 1150-1350 by Robert C. Palmer
A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader
A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader
Michigan Law Review
A Review of Courts--A Comparative and Political Analysis by Martin Shapiro, and Lawsuits and Litigants in Castile, 1500-1700 by Richard L. Kagan
On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky
On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky
Michigan Law Review
A Review of The Politics of Justice: Lower Federal Judicial Selection and the Second Party System, 1829-1861 by Kermit L. Hall and Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau
The Role Of Ideas In Legal History, Jay M. Feinman
The Role Of Ideas In Legal History, Jay M. Feinman
Michigan Law Review
A review of Patterns of American Legal Thought by G. Edward White
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
Michigan Law Review
A Review of The Cardinal's Court: The Impact of Thomas Wolsey in Star Chamber by John A. Guy
Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller
Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller
Michigan Law Review
The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …
Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown
Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown
Michigan Law Review
The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …
Dawson: A History Of Lay Judges, Spencer L. Kimball
Dawson: A History Of Lay Judges, Spencer L. Kimball
Michigan Law Review
A Review of A History of Lay Judges . By John P. Dawson
Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume
Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume
Michigan Law Review
The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "
Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.
Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.
Michigan Law Review
Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …
Civil Procedure On The American Frontier, William Wirt Blume
Civil Procedure On The American Frontier, William Wirt Blume
Michigan Law Review
The Treaty of Greenville (1795) by which Indian tribes of the Northwest Territory ceded to the United States the eastern and southern parts of the area which later became the state of Ohio, provided that certain small areas north and west of the treaty line should also be ceded.
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
Michigan Law Review
This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …
Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller
Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller
Michigan Law Review
The rule-making power of the courts in the United States is is brought into focus wherever procedural reform is undertaken. As more and more states have undertaken rev1s1on of judicial procedures, the power and authority of courts to promulgate rules of practice and the definition of the scope of such rules have claimed increasingly the attention of legal writers. This trend can be attributed in part to a growing realization that statutes governing practice and procedure in courts, enacted by legislatures meeting every year or two, have failed to achieve that minimum standard in the administration of justice necessary to …
Kahn: A Court For Children. A Study Of The New York City Children's Court., Maxine Virtue
Kahn: A Court For Children. A Study Of The New York City Children's Court., Maxine Virtue
Michigan Law Review
A Review of A COURT FOR CHILDREN. A Study of the New York City Children's Court. By Alfred J. Kahn.
Judicial Reform In Michigan Between Two Constitutions, 1835-1850, Clark F. Norton
Judicial Reform In Michigan Between Two Constitutions, 1835-1850, Clark F. Norton
Michigan Law Review
The first fifteen years of Michigan's existence as a state were marked by much experimentation and change in state government. In this short period two state constitutions, a basic constitutional amendment, two general revisions of the statutes, and numerous fundamental laws were enacted and put into effect. Both the legislative and executive branches underwent extensive renovation in these years, but it was the state court system in particular that was subjected to constant pressure for alteration and which was most radically modified, both in structure and procedure.
Origin And Development Of The Directed Verdict, William Wirt Blume
Origin And Development Of The Directed Verdict, William Wirt Blume
Michigan Law Review
Recent decisions of the Supreme Court of the United States have aroused a new interest in the familiar motion for a directed verdict. In this discussion the writer will undertake a brief examination of the antecedents of the motion, and then will trace its short but significant history.
Keeney: Judgment By Peers, Michigan Law Review
Keeney: Judgment By Peers, Michigan Law Review
Michigan Law Review
A Review of JUDGMENT BY PEERS. By Barnaby C. Keeney.