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Articles 31 - 36 of 36
Full-Text Articles in Legal History
Environmental Litigation In Historical Perspective, Samuel P. Hays
Environmental Litigation In Historical Perspective, Samuel P. Hays
University of Michigan Journal of Law Reform
During the past several decades, litigation has played a major role in the attempt by citizens to realize environmental objectives. Its impact has been elaborated extensively in the vast array of writing in law journals as well as in the cases themselves. Most analyses have focused on specialized subjects of either substantive policy or legal procedure. In this brief Essay I attempt a more comprehensive overview involving two background factors- the growth of environmental values since World War II and the response of governmental institutions to the resulting demands placed upon them. Among these institutions were the courts. Their role …
The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown
The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown
University of Michigan Journal of Law Reform
The intellectual history of the University of Michigan Law School is recorded in the titles of contributions to legal literature published from its organization in October 1859 to the present. These writings demonstrate a continued commitment to legal scholarship and illustrate both the changing patterns in the subjects chosen for research and writing, and the methods utilized for treatment of the subjects.
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
University of Michigan Journal of Law Reform
Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …
Perlman V. Feldmann: A Case Study In Contemporary Corporate Legal History, Jan G. Deutsch
Perlman V. Feldmann: A Case Study In Contemporary Corporate Legal History, Jan G. Deutsch
University of Michigan Journal of Law Reform
The author gives the following introduction to this article: “When I was a law student, taking a course in introductory corporate law, what was heard around the halls was that most of corporate law would be learned if one understood Perlman v. Feldmann. I agree with that statement, and I have agreed more strongly each year I myself have taught introductory corporate law. Indeed, I now believe one would also learn a good deal about the significance of-the corporation in American life during the past two decades. Unfortunately, however, it seems to me-on the basis of having read everything …
Article V: Changing Dimensions In Constitutional Change, Francis H. Heller
Article V: Changing Dimensions In Constitutional Change, Francis H. Heller
University of Michigan Journal of Law Reform
To anyone raised under the Constitution of the United States, that document's declaration that it is "the supreme law of the land" may appear as a commonplace assertion. In some other nations the constitution is not viewed as law, but is seen as a primarily political document. In fact, some foreign constitutions are formally proclaimed to be "political constitutions." The writers of the American Constitution were well aware that they were engaged in fashioning an arrangement for the exercise of political functions and the peaceful adjustment of political conflict. And, however much validity there continues to be to de Tocqueville's …
Katzenbach V. Morgan And The 18 Year Old Vote, E. Rick Buell Ii
Katzenbach V. Morgan And The 18 Year Old Vote, E. Rick Buell Ii
University of Michigan Journal of Law Reform
Recently the 91st Congress passed the Voting Rights Act Amendments of 1970. The provisions of the statute include Title III which extended the right of suffrage to eighteen year old citizens in all federal, state, and local elections. The basis for enacting Title III was the belief of Congress that citizens between the ages of eighteen and twenty-one, by being denied the right to vote, were being denied equal protection of the laws as required by the Fourteenth Amendment to the United States Constitution. The purpose of this note is to briefly trace the historical development of Congress' power to …