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Full-Text Articles in Legal History

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii Dec 2018

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous ...


From Grace To Grids: Rethinking Due Process Protections For Parole., Paul D. Reingold, Kimberly A. Thomas May 2017

From Grace To Grids: Rethinking Due Process Protections For Parole., Paul D. Reingold, Kimberly A. Thomas

Articles

Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark ...


Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim Mar 2017

Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim

Nevada Law Journal

No abstract provided.


Lights Hidden Under Bushel's Case, Thomas A. Green Jan 2016

Lights Hidden Under Bushel's Case, Thomas A. Green

Book Chapters

Some forty years ago, Charlie Donahue created a course which he titled "Law, Morals and Society." Designed for undergraduates, and situated among the offerings of the University of Michigan's interdisciplinary Medieval and Renaissance Collegium, the course reflected the approach to doing history that, as this volume recognizes, Charlie has followed throughout his long and enormously influential career as scholar, teacher, lecturer, and inepressible master of well-timed interventions during conference-panel discussion periods. "LMS" was composed of four units. Charlie, who taught two of them, led off with the legal basis for the deposition of Richard II; I followed with the ...


The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green Jan 2015

The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green

Articles

Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its application of conventional morality to criminal judgments—and the formal rule of law of the state. My central intent is to ...


Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield Jan 2015

Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield

Articles

It is now a commonplace among historians that American criminal jurisprudence underwent a dramatic change something like two-thirds to three-quarters into the last century. Roughly, this development is understood as a shift (or drift) from a more-or-less pure consequentialism to a "mixed theory" wherein retributivism played a major-at times, dominant-role. As the new paradigm remains intact, now approaching a half-century, the development qualifies as a significant historical fact. The fact applies not only to the history of justification for punishment but also to conceptions of the underlying principle of (basis for) responsibility. The two are rightly distinguished: for many scholars ...


The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey Jan 2013

The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey

Michigan Journal of Gender & Law

This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims ofintimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth. While the situation that gave rise to the battered womens movement in the 1970s is often presumed to ...


Crime And Sacred Spaces In Early Modern Poland, Magda Teter Jul 2010

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Magda Teter

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts ...


Crime And Sacred Spaces In Early Modern Poland, Magda Teter Jan 2010

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Division II Faculty Publications

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts ...


Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave Jan 2007

Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave

Michigan Journal of Gender & Law

This Essay describes the history of the querela in Italy and explores the controversy surrounding the decision to maintain this institution. In addition, this Essay questions the degree to which the querela can protect victim agency when the attitudes of judges and lawyers in the Italian criminal justice system reflect persistent rape myths.


Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt Oct 2006

Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt

University of Michigan Journal of Law Reform

This Article argues that the Supreme Court, as evinced by its recent spate of criminal jury decisions, has abandoned the criminal jury known to the Founders and, in so doing, has severely eroded the protections intended to inhere in the Sixth Amendment jury trial right. It then proposes one potential solution to this problem.

According to the Supreme Court, this recent line of cases has been motivated by the need to preserve the "ancient guarantee" articulated in the Sixth Amendment under a new set of legal circumstances. Unfortunately, the Court misinterprets the ancient guarantee that it is ostensibly attempting to ...


Searches And The Misunderstood History Of Suspicion And Probable Cause: Part One, Fabio Arcila Aug 2006

Searches And The Misunderstood History Of Suspicion And Probable Cause: Part One, Fabio Arcila

ExpressO

This article, the first of a two-part series, argues that during the Framers’ era many if not most judges believed they could issue search warrants without independently assessing the adequacy of probable cause, and that this view persisted even after the Fourth Amendment became effective. This argument challenges the leading originalist account of the Fourth Amendment, which Professor Thomas Davies published in the Michigan Law Review in 1999.

The focus in this first article is upon an analysis of the common law and how it reflected the Fourth Amendment’s restrictions. Learned treatises in particular, and to a lesser extent ...


Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen Jan 2006

Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen

Michigan Journal of Gender & Law

The modern Western crime of rape is commonly defined as "[u]nlawful sexual activity (esp. intercourse) with a person (usu. a female) without consent and usu. by force or threat of injury," and it is often seen as an assault of the person's body and a violation of self-autonomy. However, this differs significantly from the conception of rape in ancient Rome. In fact, "there is no single word in... Latin with the same semantic field as the modern English word 'rape.'” For the Romans, the act of rape was covered under a variety of legal terms, but each of ...


Ghosts Of Alabama: The Prosecution Of Bobby Frank Cherry For The Bombing Of The Sixteenth Street Baptist Church, Donald Q. Cochran Jan 2006

Ghosts Of Alabama: The Prosecution Of Bobby Frank Cherry For The Bombing Of The Sixteenth Street Baptist Church, Donald Q. Cochran

Michigan Journal of Race and Law

Perhaps no other crime in American history has shocked the conscience of America like the 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama. In May of 2002- almost thirty-nine years after the bombing- Bobby Frank Cherry was brought to trial for the murders of Addie, Carole, Cynthia, and Denise. He was the last person to be tried for the bombing. As an Assistant United States Attorney in Birmingham, Alabama it was my privilege to be a part of the prosecution team that brought Cherry to justice. This Article tells the story of that prosecution and explores the ...


Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas Mar 2004

Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas

ExpressO

Recent historical work has raised the intriguing possibility that the Framers meant to accomplish only one goal in the Fourth Amendment: to forbid general warrants. On this historical account, the first clause stating a right of the people to be "free from unreasonable searches and seizures" is merely declaratory of the principle that led the Framers to ban general warrants. Rephrased to be true to this history, the Fourth Amendment would say: "The right of the people to be secure in their persons, houses, papers, and effects against general warrants shall not be violated, and no general warrants shall issue ...


Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen May 1996

Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen

Michigan Law Review

A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868


The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross Jan 1993

The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross

Articles

On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these ...


Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green Jan 1992

Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green

Reviews

Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents ...


University Of Richmond Law Review Jan 1991

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Crime And The Courts In England 1660-1800, Frank C. Shaw May 1987

Crime And The Courts In England 1660-1800, Frank C. Shaw

Michigan Law Review

A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie


Conscience And The Law: The English Criminal Jury, Robert C. Palmer Apr 1986

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


The Trials Of Israel Lipski, Blaine G. Renfert Apr 1986

The Trials Of Israel Lipski, Blaine G. Renfert

Michigan Law Review

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


Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller Jan 1986

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 ...


Criminal Justice In Colonial America, 1606-1660, Michigan Law Review Feb 1984

Criminal Justice In Colonial America, 1606-1660, Michigan Law Review

Michigan Law Review

A Review of Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin


Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review Feb 1984

Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review

Michigan Law Review

A Review of Capital Punishment: Criminal Law and Social Evolution by Jan Gorecki


The Jury, Seditious Libel And The Criminal Law, Thomas A. Green Jan 1984

The Jury, Seditious Libel And The Criminal Law, Thomas A. Green

Book Chapters

The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two ...


For Capital Punishment, Michigan Law Review Mar 1980

For Capital Punishment, Michigan Law Review

Michigan Law Review

A Book Notice about For Capital Punishment by Walter Berns


The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider Mar 1979

The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider

Michigan Law Review

A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman


Review Of Crime In England, 1550-1800, Thomas A. Green Jan 1979

Review Of Crime In England, 1550-1800, Thomas A. Green

Reviews

Crime in England, 1550-1800, is the second collection of essays on the social history of crime and the criminal law in early modern England to appear in recent years. Together with the essays in Albion's Fatal Tree (1975),' these offerings advance our knowledge of the subject considerably. To be sure, as G. R. Elton cautions, there are methodological problems in a field so new, and Elton's "Introduction" will serve as an excellent starting point for readers concerned with such matters. We must nevertheless recognize the accomplishments of the new school of socio-legal historians. The essays in this volume ...


Review Of Crime And Public Order In England In The Later Middle Ages, Thomas A. Green Jan 1974

Review Of Crime And Public Order In England In The Later Middle Ages, Thomas A. Green

Reviews

Slowly but surely the history of English criminal law is being rewritten. Abundant monographs, articles and introductions to texts have appeared in the past couple of decades; many more are on the way. Work has gone ahead on the substantive law of crimes, on the procedures of the criminal law and its institutions andmore tentatively-on the social history of English criminal law. While medievalists have led the way, work is now being undertaken by early modern and modern historians as well.