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Full-Text Articles in Legal History

Coin, Currency, And Constitution: Reconsidering The National Bank Precedent, David S. Schwartz May 2020

Coin, Currency, And Constitution: Reconsidering The National Bank Precedent, David S. Schwartz

Michigan Law Review

Review of Eric Lomazoff's Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic.


"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert Jan 2008

"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert

Michigan Law Review

The 1930 Census reduced Minnesota's apportionment in the U.S. House of Representatives from ten to nine, requiring the state to draw new congressional districts. The Republican-led state legislature passed a gerrymandered redistricting bill in an attempt to insulate its nine incumbents in the state's delegation from the party's expected loss of the statewide popular vote to the insurgent Farmer-Labor Party. When the Farmer-Labor Governor, Floyd B. Olson, vetoed the redistricting bill, the legislature claimed the bill could take effect without the governor's signature. In Smiley v. Holm, the U.S. Supreme Court decided that the veto was effective and that …


Storm Center: The Supreme Court In American Politics, Nelson P. Miller May 1987

Storm Center: The Supreme Court In American Politics, Nelson P. Miller

Michigan Law Review

A Review of Storm Center: The Supreme Court in American Politics by David M. O'Brien


Impeachment In America, 1635-1805, Michigan Law Review Feb 1985

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


Empty History, Erwin Chermerinsky Mar 1983

Empty History, Erwin Chermerinsky

Michigan Law Review

A Review of Politics and the Constitution in the History of the United States, Volume 3: The Political Background of the Federal Convention by William Winslow Crosskey and William Jeffrey, Jr.


The Warren Court And The Political Process, William M. Beaney Dec 1968

The Warren Court And The Political Process, William M. Beaney

Michigan Law Review

Our complex political system creates endless opportunity to debate the proper roles and powers of each of our principal political institutions. Students of the Supreme Court who quarrel over the proper role of the Court sometimes forget that the powers of the President and the proper place of Congress have also been subject to fierce controversy throughout our history, and that the political tension between the national government and the states has provided a persistent theme from the beginning of the Republic. It must never be forgotten that the system provided by the Framers was not designed to produce efficient …


Rodell: Nine Men: A Political History Of The Supreme Court Of The United States From 1790 To 1955, Robert L. Howard Jun 1956

Rodell: Nine Men: A Political History Of The Supreme Court Of The United States From 1790 To 1955, Robert L. Howard

Michigan Law Review

A Review of Rodell: Nine Men: A Political History of the Supreme Court of the United States from 1790 to 1955. By Fred Rodell.


Constitutional Law - Federal Anti-Subversive Legislation - The Communist Control Act Of 1954, Paul R. Haerle Jun 1955

Constitutional Law - Federal Anti-Subversive Legislation - The Communist Control Act Of 1954, Paul R. Haerle

Michigan Law Review

This comment is intended as a preliminary step in an analysis of the legislative history of the act and a consideration of both its potential effectiveness and constitutional validity.


White: The Jacksonians, M. Fred Mallender, Ii S.Ed. Apr 1955

White: The Jacksonians, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

A Review of The Jacksonians. By Leonard D. White


Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro Dec 1954

Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro

Michigan Law Review

The immediate purpose of this paper is to demonstrate the inadequacies of the most embittered of the reviews of Crosskey's book which I have read, "Ex Parte Clio,'' written by Professor Goebel (hereinafter sometimes referred to as "the reviewer"). Demonstrating these things will involve repeated reference to the thesis and the methodology of the book, and comparison of the book with the contentions advanced by the reviewer. The reading will probably be as tedious as the writing has been, but that cannot be helped, for the longer aim of this paper cannot be achieved in any other manner. That aim …


Judicial Reform In Michigan Between Two Constitutions, 1835-1850, Clark F. Norton Dec 1952

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.


Constitutional Law - Civil Rights - First Amendment Freedoms-Reformulation Of The Clear And Present Danger Doctrine, Bernard A. Petrie Jan 1952

Constitutional Law - Civil Rights - First Amendment Freedoms-Reformulation Of The Clear And Present Danger Doctrine, Bernard A. Petrie

Michigan Law Review

In July 1948 the apostles of Communism in America were indicted under the conspiracy provisions of the Smith Act of 1940. The tension marking both the trial and the present era has obscured the constitutional problems and policy considerations involved. It is the purpose of this comment to trace the history of this cause celebre, Dennis et al. v. United States, and to examine its effect upon our constitutional notions of the permissible bounds of utterance, primarily by an analysis of the appellate opinions.


Powell: Real Property, Allan F. Smith Dec 1950

Powell: Real Property, Allan F. Smith

Michigan Law Review

A Review of REAL PROPERTY. Vol. 1. By Richard R. Powell.


The Privy Council And Private Law In The Tudor And Stuart Periods: I, John P. Dawson Feb 1950

The Privy Council And Private Law In The Tudor And Stuart Periods: I, John P. Dawson

Michigan Law Review

It has been often said that the sixteenth and early seventeenth centuries in England were pre-eminently the age of conciliar government. The activities of the Tudor Privy Council extended into every phase of national life and were responsible, more than any other single factor, for the effective organization of an English national state. These activities continued under the first two Stuarts, with no break in institutional development, though they widened the gulf between Crown and people and hastened a revolution.


Schlesinger: Paths To The Present, Michigan Law Review Feb 1949

Schlesinger: Paths To The Present, Michigan Law Review

Michigan Law Review

A Review of PATHS TO THE PRESENT. By Arthur M. Schlesinger.


Recent Books, Michigan Law Review May 1948

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.


Thomas: Portrait For Posterity, Michigan Law Review Mar 1948

Thomas: Portrait For Posterity, Michigan Law Review

Michigan Law Review

A Review of PORTRAIT FOR POSTERITY. By Benjamin P. Thomas.


Italian Administrative Courts Under Fascism, Paul B. Rava Mar 1942

Italian Administrative Courts Under Fascism, Paul B. Rava

Michigan Law Review

Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …


Political Theory And Practice, Everett S. Brown May 1932

Political Theory And Practice, Everett S. Brown

Michigan Law Review

A review of THE DEVELOPMENT OF AMERICAN POLITICAL THOUGHT. A DOCUMENTARY HISTORY. By J. Mark Jacobson, Ph.D.


The United States And The League Of Nations, Clarence A. Berdahl Apr 1929

The United States And The League Of Nations, Clarence A. Berdahl

Michigan Law Review

With the ratification of the Treaty of Versailles by the necessary number of Powers on January 10, 1920, there came into existence that new experiment in international cooperation and government known as the League of Nations. It has grown from a membership of 43 states in 1920 to 55 in 1929. Including Great Powers and Small Powers, states of Europe, Asia, Africa, South, Central, and even North America, it can in no sense of the word be properly characterized as a European league merely, or another Holy Alliance, but is truly a world organization. Only Afghanistan, Brazil, Ecuador, Egypt, Russia, …