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Articles 1 - 30 of 30
Full-Text Articles in Legal History
Keeping Up With The Jonses: Making Sure Your History Is Just As Wrong As Everyone Else's, Brian Sawers
Keeping Up With The Jonses: Making Sure Your History Is Just As Wrong As Everyone Else's, Brian Sawers
Michigan Law Review First Impressions
Before Katz v. United States, a search under the Fourth Amendment required a trespass. If there was no trespass on one’s property, then there was no search. In Katz, a 1967 decision, the U.S. Supreme Court abandoned that approach, instead finding a search without a trespass based on the government’s invasion of a “reasonable expectation of privacy.” In Oliver v. United States, the Court found that trespass was not sufficient to create a search. It found no reasonable expectation of privacy in open fields, and thus no search, even though the defendant had erected “No Trespassing” signs around his property …
Supreme Neglect Of Text And History, William Michael Treanor
Supreme Neglect Of Text And History, William Michael Treanor
Michigan Law Review
Since his classic book Takings appeared in 1985, Richard Epstein's ideas have profoundly shaped debate about the Fifth Amendment's Takings Clause to a degree that no other scholar can even begin to approach. His broad, original, and stunningly ambitious reading of the clause has powerfully influenced thinking in academia, in the judiciary, and in the political arena. The firestorm of controvery that followed the Supreme Court's recent decision in Kelo - in which the Supreme Court upheld the constitutionality of a municipal urban renewal plan that displaced long-time homeowners and conveyed their land to developers - is in critical part …
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams
University of Michigan Journal of Law Reform
In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …
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 …
Legal Fictions In Pierson V. Post, Andrea Mcdowell
Legal Fictions In Pierson V. Post, Andrea Mcdowell
Michigan Law Review
American courts and citizens generally take the importance of private property for granted. Scholars have sought to explain its primacy using numerous legal doctrines, including natural law, the Lockean principle of a right to the product of one's labor, Law & Economics theories about the incentives created by property ownership, and the importance of bright line rules. The leading case on the necessity of private property, Pierson v. Post, makes all four of these points. This Article argues that Pierson has been misunderstood. Pierson was in fact a defective torts case that the judges shoe-horned into a property mold …
Individual Aboriginal Rights, John W. Ragsdale Jr.
Individual Aboriginal Rights, John W. Ragsdale Jr.
Michigan Journal of Race and Law
This Article will, in Section I, deal with the legal development of the concept of individual aboriginal rights. It will focus on the Western Shoshone land claims before the Indian Claims Commission, and the federal government's trespass claims against the ranching operations of the redoubtable, irrepressible Dann sisters. Section II will explore the development and utilization of the doctrine of individual aboriginal rights in a series of cases involving the Dann sisters, subsequent Western Shoshone, and other efforts by native people to secure subsistence hunting and fishing rights and possession of or access to sacred sites. Section III will explore …
Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel
Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel
Michigan Law Review
Leonard Levy, the legal historian who has written a number of highly regarded historical studies on various provisions of the United States Constitution, has added to his impressive oeuvre a new study of civil and criminal forfeiture. A License to Steal brings together a discussion of English legal history, a review of a number of Nineteenth Century and late Twentieth Century Supreme Court forfeiture decisions, accounts of actual applications of civil and criminal forfeiture, and a summary and critique of legislative proposals that have been made for reform of the civil forfeiture provisions of the federal drug statute. There is …
Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda
Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda
Michigan Journal of Race and Law
Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and property, as guaranteed by the Treaty of Guadalupe Hidalgo, in the aftermath of the U.S.- Mexico War. Integrating an exploration of case law with political and social histories of the period, the Author explores the sociolegal significance of Chicana/Chicano land dispossession; exposes the racial, economic, and political motivations …
Stories About Property, William W. Fisher Iii
Stories About Property, William W. Fisher Iii
Michigan Law Review
A Review of Carol M. Rose, Property and Persuasion: Essays on the History, Theory, and Rhetoric of Ownership
Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson
Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson
Michigan Journal of International Law
In Section I of this article, I will describe the events that led to the current controversy. In Section II, I will discuss whether the content of historic documents can be classified as cultural property. In Section III, I will consider whether control of the content of these documents interferes with intellectual freedom. In Section IV, I will discuss the intellectual property arguments raised by owners and interpreters of the Scrolls. Finally, in Section V, I will propose standards for access to, and preservation of, historic documents.
The Inherent Power In Mapping Ownership, Michael P. Conzen
The Inherent Power In Mapping Ownership, Michael P. Conzen
Michigan Law Review
A Review of The Cadastral Map in the Service of the State: A History of Property Mapping by Roger J.P. Kain and Elizabeth Baigent
Zero-Sum Madison, Thomas W. Merrill
Zero-Sum Madison, Thomas W. Merrill
Michigan Law Review
A Review of Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
Michigan Law Review
A Review of Transfers of Property in Eleventh-Century Norman Law by Emily Zack Tabuteau
Women And The Law Of Property In Early America, David H. Bromfield
Women And The Law Of Property In Early America, David H. Bromfield
Michigan Law Review
A Review of Women and the Law of Property in Early America by Marylynn Salmon
Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis
Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis
Michigan Law Review
This article will attempt to present a picture of the legal status of religious organizations, with particular reference to the enjoyment of the corporate privilege. Necessarily, this will involve at the outset an historical review tracing the development of that status, beginning with the practice of granting special charters to churches and culminating in the now familiar general incorporation statute. Special attention will be paid to distinctive problems that arose in Utah, Pennsylvania, and Virginia concerning corporate status. The historical review is followed by a summary survey of the current state laws relating to the incorporation of churches. The last …
Simpson: An Introduction To The History Of The Land Law, Daniel M. Schuyler
Simpson: An Introduction To The History Of The Land Law, Daniel M. Schuyler
Michigan Law Review
A Review of AN INTRODUCTION TO THE HISTORY OF THE LAND LAW. By A. W. B. Simpson.
Should The Rule Against Perpetuities Discard Its Vest?, Daniel M. Schuyler
Should The Rule Against Perpetuities Discard Its Vest?, Daniel M. Schuyler
Michigan Law Review
From what has preceded it is apparent that none of those who would reform the rule against perpetuities, excepting Professor Simes, has suggested that the rule's application to remoteness of vesting alone requires investigation. Yet there is little doubt that this aspect of the rule has caused as much if not more litigation than those which have been so harshly condemned. Proof of this assertion will not be undertaken, for every property lawyer knows how frequently courts are called upon to determine whether for purposes of the rule an interest is "vested" or "contingent." Professor Simes put it well when …
The Wills Branch Of The Worthier Title Doctrine, Joseph W. Morris
The Wills Branch Of The Worthier Title Doctrine, Joseph W. Morris
Michigan Law Review
It is the purpose of this article to examine the history and origin of the wills branch of the worthier title doctrine, to ascertain the extent of its application and the manner of its application, to determine the legal consequences flowing therefrom, and to consider the desirability of its continued existence.
Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright
Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright
Michigan Law Review
Title examiners, and more particularly their clients, have long suffered from a controversy-limited almost exclusively to Michigan- involving the methods by which the United States Treasury Department could perfect general federal tax liens. The December 1952 issue of the Michigan Law Review carried an article by the present writer pointing up the irreconcilable difference which has existed for a quarter of a century between the type of record notice which the Treasury was willing to provide prospective bona fide purchasers et al., and the quite different and more demanding type which the Michigan Legislature insisted upon if the local offices …
Skeie: Odelsretten Og Aseteretten, Nils B. Skavang
Skeie: Odelsretten Og Aseteretten, Nils B. Skavang
Michigan Law Review
A Review of ODELSRETTEN OG ASETERETTEN By Jon Skeie.
Treaties Governing The Succession To Real Property By Aliens, Willard L. Boyd, Jr.
Treaties Governing The Succession To Real Property By Aliens, Willard L. Boyd, Jr.
Michigan Law Review
Under customary international law no nation has the duty to grant to aliens the right to hold real property. Although international law accords to an alien the privilege of participating in the economic life of the state of his residence, this privilege does not encompass the right to hold real property. The right to succeed to and hold real property is a matter solely within the competence of a nation. It is for each nation exclusively to regulate the acquisition and tenure of real property. National authority in this regard can be traced to the concept that the sovereign may …
Restraints On Alienation Of Equitable Interests In Michigan Property, William F. Fratcher
Restraints On Alienation Of Equitable Interests In Michigan Property, William F. Fratcher
Michigan Law Review
In the Middle Ages a conveyance of land to a monastic corporation resulted in a serious loss of income to the feudal overlord. As such corporations never died, the overlord ceased to receive the reliefs payable on the death of a tenant and to enjoy the feudal incidents of wardship and marriage of minor heirs. Monks could not be compelled to perform military services and it was difficult or impossible to compel a monastery to perform other services incident to tenure. The twelfth and thirteenth centuries saw great expansion in monastic land holdings and consequent loss to the king and …
Restraints On Alienation Of Legal Interests In Michigan Property: Iii, William F. Fratcher
Restraints On Alienation Of Legal Interests In Michigan Property: Iii, William F. Fratcher
Michigan Law Review
In England the impossibility of inter vivos creation of interests in expectancy in chattels and the unsuitability for the purpose of the devices of bailment and contract have tended to restrict attempts to restrain the alienation of chattels to the trust device and provisions in wills for forfeiture on alienation. The trust device involves equitable interests, which are beyond the scope of this study. In connection with a bequest of the use and occupation of chattels for life or a term of years the English courts would probably sustain the validity of a provision for forfeiture on alienation by way …
Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher
Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher
Michigan Law Review
During the century and a half which followed the Norman Conquest, the owner of land who attempted to transfer it might meet with opposition from three interested parties, his feudal overlord, his heir apparent and his tenant. His feudal overlord might object to a transfer by way of substitution, that is, one under the terms of which the transferor did not retain a reversion; because the proposed transferee was not a suitable person to perform the feudal services due for the land. As these services were frequently of a personal or military nature such an objection was not necessarily captious. …
Powell: Real Property, Allan F. Smith
Powell: Real Property, Allan F. Smith
Michigan Law Review
A Review of REAL PROPERTY. Vol. 1. By Richard R. Powell.
The Development Of The Massachusetts Probate System, Thomas E. Atkinson
The Development Of The Massachusetts Probate System, Thomas E. Atkinson
Michigan Law Review
American lawyers and laymen alike take for granted a system of probate of wills and administration of decedents' estates under the supervision of a single tribunal usually called a probate court. We are familiar with the setting up of the will, appointment of the personal representative, filing of bond and inventory by the latter, granting of allowances for support of the family, notice to creditors to present their claims, and settlement of accounts of the administration, all accomplished by this court's orders or under its scrutiny. While real property is deemed to pass directly to the heirs or devisees, it …
A Legal Approach To Equitable Servitudes, Ralph A. Newman
A Legal Approach To Equitable Servitudes, Ralph A. Newman
Michigan Law Review
The variety of conceptions of the nature of equitable servitudes is only one indication of the complexity of this particular branch of the law; the difficulty of classifying the topic as a branch of equity rather than of real property, or the reverse, is another, and one which grows out of the interplay of both of these divisions of the law upon the particular field of equitable servitudes. The following discussion is designed to indicate that many of the difficulties inherent in the concept of equitable servitudes may be resolved by analyzing the subject from the point of approach of …
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Michigan Law Review
May the littoral owner whose summer cottage abuts on one of the Great Lakes bring actions of trespass quare clausum against pedestrians who traverse the sand beach which lies at the aquatic terminus of his property? To state the same problem in different form, may he build a lateral line fence designed to exclude the public from that segment of the lake-side beach which he claims as his? The question has never been directly decided by the supreme court of any State, yet it is a source of constant strife between littoral owners who desire privacy and seclusion, and strolling …
Some Greek Legal Papyri From The Michigan Collection, A Er Boak
Some Greek Legal Papyri From The Michigan Collection, A Er Boak
Michigan Law Review
The documents which form the subject of this paper are part of the Michigan Collection of Papyri recently acquired by Professor F. W. Kelsey in Egypt and secured for the University by the generosity of the Regents and certain friends and alumni, among the latter Mr. J. W. Anderson, of the Law Class of 189o. A large proportion of these documents are of a legal nature, and from these I have selected for translation four, which may be regarded as typical specimens of their respective classes.