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Articles 1 - 11 of 11
Full-Text Articles in Legal History
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
Michigan Law Review
While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …
Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review
Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review
Michigan Law Review
A Review of Law for the Elephant: Property and Social Behavior on the Overland Trial by John Phillip Reid
Legal History And The Law Of Blasphemy, Morris S. Arnold
Legal History And The Law Of Blasphemy, Morris S. Arnold
Michigan Law Review
A Review of Treason Against God: A History of the Offense of Blasphemy by Leonard W. Levy
The First American Constitutions: Republican Ideology And The Making Of The State Constitutions In The Revolutionary Era, Michigan Law Review
The First American Constitutions: Republican Ideology And The Making Of The State Constitutions In The Revolutionary Era, Michigan Law Review
Michigan Law Review
A Review of The First American Constitutions: Republican Ideology and the Making of the State Constitutions in the Revolutionary Era by Willi Paul Adams
Toward A New Theory Of Roman Law, David F. Pugsley
Toward A New Theory Of Roman Law, David F. Pugsley
Michigan Law Review
A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier
The Rights Of Aliens In The 1980'S, Juan E. Mendez
The Rights Of Aliens In The 1980'S, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Case For Treason, George P. Fletcher
Significant Refugee Crises Since World War Ii And The Response Of The International Community, James L. Carlin
Significant Refugee Crises Since World War Ii And The Response Of The International Community, James L. Carlin
Michigan Journal of International Law
This article analyzes some of the significant post-World War II refugee crises and describes in summary how the international community responded to each. Overpopulation, legal and illegal migration, and repatriation of thousands of colonials have had a negative influence on public opinion with respect to rescuing and assisting refugees. Yet today the refugee problem and the attendant human suffering is growing. There are serious apprehensions about the mounting costs and the ability of those concerned to cope. The international machinery is stretched; inflation and unemployment in the industrialized world have further complicated the search for solutions. Present and future refugee …
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
Book Chapters
If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.
Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg
Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg
Law Faculty Scholarly Articles
Commercial-paper played a significant role in antebellum America by partially filling the void resulting from the shortage of gold and silver coinage and the absence of a reliable paper currency. Although most legal historians would agree with this premise, a controversy has arisen in recent years concerning negotiability, that collection of legal rules which greatly enhanced the usefulness of bills of exchange and promissory notes in commerce and finance.
Many scholars believe that negotiability, along with other pre-Civil War legal doctrines, was intended to facilitate the development of a national market system and economic growth. This view typically holds that …
The Regulation Of Labor Unions, Theodore J. St. Antoine
The Regulation Of Labor Unions, Theodore J. St. Antoine
Articles
This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.