Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 22 of 22

Full-Text Articles in Legal History

What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr. Nov 1979

What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.

Michigan Law Review

Categorizing broadly, the marital property systems of the Western nations today are divided into two types: those in which husband and wife own all property separately except those items that they have expressly agreed to hold jointly (in a nontechnical sense) and those in which husband and wife own a substantial portion or even all of their property jointly unless they have expressly agreed to hold it separately. The system of separate property is the "common law" system, in force in most jurisdictions where the Anglo-American common law is in force. The system of joint property is the community property …


Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu Apr 1979

Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu

Michigan Law Review

This Article explores such trends in the context of several recent cases and in the broader context of established patterns of constitutional law. Section II shows how the different strains of fourteenth amendment activism over the past century have tangled the strands of the fourteenth amendment in a thick, almost impenetrable knot. Section ill studies the tangle's reflection in three cases raising fundamental rights problems - Maher v. Roe, Moore v. City of East Cleveland, and Zablocki v. Redhail. Finally, Section N offers what Sections II and III suggest is missing from fourteenth amendment case law- a theory, abstract …


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


Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob Mar 1979

Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob

Michigan Law Review

A Review of Doing Good: The Limits of Benevolence by Willard Gaylin, Ira Glasser, Steven Marcus, and David J. Rothman


One Philosophy For An American Revolution, Paul K. Conkin Mar 1979

One Philosophy For An American Revolution, Paul K. Conkin

Michigan Law Review

A Review of The Philosophy of the American Revolution by Morton White


Legal Realism And Historical Method: J. Willard Hurst And American Legal History, Stephen Diamond Mar 1979

Legal Realism And Historical Method: J. Willard Hurst And American Legal History, Stephen Diamond

Michigan Law Review

A Review of Law and Social Order in the United States by James Willard Hurst


The Declaration Of Independence: The Reality Behind The Myth, Gerald F. Moran Mar 1979

The Declaration Of Independence: The Reality Behind The Myth, Gerald F. Moran

Michigan Law Review

A Review of Inventing America: Jefferson's Declaration of Independence by Garry Wills


Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney Mar 1979

Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney

Michigan Law Review

A Review of Porter: The Never-Ending Wrong, and Meeropol & Meeropol: We Are Your Sons: The Legacy of Ethel and Julius Rosenberg, and Weinstein:Perjury: The Hiss-Chambers Case


The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review Mar 1979

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


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 deal with …


Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie Jan 1979

Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie

International Law Studies

No abstract provided.


Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie Jan 1979

Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.


Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie Jan 1979

Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie

International Law Studies

No abstract provided.


David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield Jan 1979

David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield

Maryland Law Review

No abstract provided.


The "Fast-Track" Procedure: Problems Of Implementation, David N. Wall Jan 1979

The "Fast-Track" Procedure: Problems Of Implementation, David N. Wall

Michigan Journal of International Law

The Trade Act of 1974 represented the most significant reformulation of United States international economic policy since the Trade Agreements Act of 1934. Responding to criticism from several quarters, Congress included in the Act major additions to the laws dealing with unfair foreign trade practices. In particular, the Act contained several measures intended to expedite the processing of antidumping complaints. One of these measures, the so-called "fast-track" provision, created a potentially powerful administrative mechanism to permit the summary dismissal of clearly unmeritorious complaints. Unfortunately, implementation of this amendment has suffered from a lack of legislative guidance, and it is not …


The "Dix-Hill Cartel" For The General Exchange Of Prisoners Of W Arentered Into Between The Union And Confederate Armies (22 July 1862), Howard S. Levie Jan 1979

The "Dix-Hill Cartel" For The General Exchange Of Prisoners Of W Arentered Into Between The Union And Confederate Armies (22 July 1862), Howard S. Levie

International Law Studies

No abstract provided.


Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green Jan 1979

Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green

Reviews

JAMES GIVEN has produced the first systematic book-length treatment of the sociology of medieval English crime. His work does not pretend to be comprehensive: it deals only with homicide. Nor does it cover more than a century, the thirteenth; the author has wisely left the earlier system of criminal law, based on private compensation, to other scholars, and he says just enough about late thirteenth- and early fourteenth- century social and legal change to suggest he believes that that period, too, must await its own interpretation. Still, the social history of homicide in the thirteenth century proves itself fascinating terrain, …


Treaty Of Peace Between The Allied And Associated Powers, Of The One Part, And Germany, Of The Other Part (Versailles, 28 June 1919), Howard S. Levie Jan 1979

Treaty Of Peace Between The Allied And Associated Powers, Of The One Part, And Germany, Of The Other Part (Versailles, 28 June 1919), Howard S. Levie

International Law Studies

No abstract provided.


Agreement Between Germany And The Russian Socialist Federal Soviet Republic With Regard To The Mutual Repatriation Of Prisoners Of War And Interned Civilians (Berlin, 19 April1920), Howard S. Levie Jan 1979

Agreement Between Germany And The Russian Socialist Federal Soviet Republic With Regard To The Mutual Repatriation Of Prisoners Of War And Interned Civilians (Berlin, 19 April1920), Howard S. Levie

International Law Studies

No abstract provided.


Conditions Of An Armistice Between The Allied And Associated Powers And Germany (Compiegne, 11 November 1918), Howard S. Levie Jan 1979

Conditions Of An Armistice Between The Allied And Associated Powers And Germany (Compiegne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.


Treaty Of Peace Between Russia And Esthonia (Tartu, 2 February 1920), Howard S. Levie Jan 1979

Treaty Of Peace Between Russia And Esthonia (Tartu, 2 February 1920), Howard S. Levie

International Law Studies

No abstract provided.


Rules Of Aerial Warfare Drafted By An International Commission Of Jurists Established By The 1922 Washington Diplomatic Conference On The Limitation Of Armament (The Hague, 19 February 1923), Howard S. Levie Jan 1979

Rules Of Aerial Warfare Drafted By An International Commission Of Jurists Established By The 1922 Washington Diplomatic Conference On The Limitation Of Armament (The Hague, 19 February 1923), Howard S. Levie

International Law Studies

No abstract provided.