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1986

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Articles 1 - 26 of 26

Full-Text Articles in Legal History

The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland Dec 1986

The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland

Michigan Law Review

As the Constitution of the United States nears its two hundredth anniversary, there is a frenzy of celebration. However awesome the accomplishment, I submit that it is no slander to recognize that the 1787 document was born of prudent compromise rather than principle, that it derived more from experience than from doctrine, and that it was received with an ambivalence in no small part attributable to its ambiguities. Indeed, its most stalwart supporters doubted its capacity for a long life. It should not be surprising, then, that even today there is disagreement over whether the Constitution of 1787 is now …


A History Of Injunctions In England Before 1700, David W. Raack Oct 1986

A History Of Injunctions In England Before 1700, David W. Raack

Indiana Law Journal

No abstract provided.


Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young Oct 1986

Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young

Buffalo Law Review

No abstract provided.


The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland Sep 1986

The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland

Washington and Lee Law Review

No abstract provided.


Economic Analysis Of Legal Institutions: Explaining An "Inexplicable" Rule Of Roman Law, David Locke Hall, F. Douglas Raymond Jul 1986

Economic Analysis Of Legal Institutions: Explaining An "Inexplicable" Rule Of Roman Law, David Locke Hall, F. Douglas Raymond

Indiana Law Journal

No abstract provided.


Environmental Litigation In Historical Perspective, Samuel P. Hays Jun 1986

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 …


Quebec Legal Education Since 1945: Cultural Paradoxes And Traditional Ambiguities, J Ec Brierley Jun 1986

Quebec Legal Education Since 1945: Cultural Paradoxes And Traditional Ambiguities, J Ec Brierley

Dalhousie Law Journal

Some remarkable things have occurred in Quebec legal education over the last forty years. All phases of the educational process have been the object of an official government enquiry (as a consequence of widespread student discontent that led to street demonstrations); a major sociological and futuristic study of the profession and of university studies has attempted to stimulate a major shift in the intellectual orientations of legal education to ready us for the year 2000; the loss by the Quebec legal professions of lawyers and notaries of substantial power to the profit of a government agency regulating all professions in …


From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen Jun 1986

From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen

Michigan Law Review

This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …


Law, Legalism, And Community Before The American Revolution, Bruce H. Mann Jun 1986

Law, Legalism, And Community Before The American Revolution, Bruce H. Mann

Michigan Law Review

The connections between law and community are difficult to identify, let alone explain. It may be best to begin by seeing how law and the ways people used it changed, and then attempt to relate those changes to the surrounding economy and society. One must, of course, be wary of finding what one looks for. Nonetheless, as with objects against a dark background, it is sometimes easier to see things when they move than when they remain still. To illustrate the interactive nature of legal change and community, I will draw on examples from Connecticut before the Revolution - not …


Angels And Infidels: Hierarchy And Historicism In Medieval Legal History, Guyora Binder Apr 1986

Angels And Infidels: Hierarchy And Historicism In Medieval Legal History, Guyora Binder

Buffalo Law Review

In Law and Revolution, author Harold Berman argued that our society’s commitment to law’s autonomy and to law’s efficacy for social change are persuasively synthesized in an idea of legal science originally developed by medieval canon lawyers to justify the centralization of authority under the Pope. According to Berman, this idea of progress through law became the model for the modern state and inspired progressive social change. This essay challenges these claims. It argues that medieval scholasticism had a static view of history and that Berman systematically misreads synchronic representations of hierarchy and dominion in scholastic thought as diachronic representations …


Regionalism And American Legal History: The Southern Experience, James W. Ely, Jr., David J. Bodenhamer Apr 1986

Regionalism And American Legal History: The Southern Experience, James W. Ely, Jr., David J. Bodenhamer

Vanderbilt Law Review

Commentators surprisingly have failed to focus on the influence of regionalism in the development of American law. To be sure, numerous books and articles examine state law and its local application or explore the treatment by several states of a particular legal concept or category of laws. But attempts to define regional attitudes toward law or to analyze regional differences in legal practice are almost nonexistent. So foreign has the topic of regionalism been to scholarship in American legal history that Lawrence Friedman's acclaimed synthesis, A History of American Law,' contains no discussion of regionalism or its close relative,sectionalism. Even …


Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy Apr 1986

Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy

Michigan Law Review

A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham


Conscience And The Law: The English Criminal Jury, Robert C. Palmer Apr 1986

Conscience And The Law: The English Criminal Jury, Robert C. Palmer

Michigan Law Review

A Review of Verdict According to Conscience by Thomas Andrew Green


The Trials Of Israel Lipski, Blaine G. Renfert Apr 1986

The Trials Of Israel Lipski, Blaine G. Renfert

Michigan Law Review

A Review of The Trials of Israel Lipski by Martin L. Friedland


Ambivalent Legacy: A Legal History Of The South, Lynda J. Oswald Apr 1986

Ambivalent Legacy: A Legal History Of The South, Lynda J. Oswald

Michigan Law Review

A Review of Ambivalent Legacy: A Legal History of the South edited by David J. Bodenhamer and James W. Ely, Jr.


The Lindbergh Kidnapping Revisited, John F. Keenan Apr 1986

The Lindbergh Kidnapping Revisited, John F. Keenan

Michigan Law Review

A Review of The Airman and the Carpenter: The Lindbergh Kidnapping and the Framing of Richard Hauptmann by Ludovic Kennedy


Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz Apr 1986

Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz

Michigan Law Review

A Review of Lying Down Together: Law, Metaphor, and Theology by Milner S. Ball


Levy Vs. Levy, David A. Anderson Apr 1986

Levy Vs. Levy, David A. Anderson

Michigan Law Review

A Review of Emergence of a Free Press by Leonard W. Levy


When Justice Fails, Stephan Landsman Apr 1986

When Justice Fails, Stephan Landsman

Michigan Law Review

A Review of The Haymarket Tragedy by Paul Avrich


Euthanasia For Sale?, A.W. Brian Simpson Apr 1986

Euthanasia For Sale?, A.W. Brian Simpson

Michigan Law Review

A Review of Easing the Passing: The Trial of Dr. John Bodkin Adams by Patrick Devlin


Law And Letters In American Culture, Lee W. Brooks Apr 1986

Law And Letters In American Culture, Lee W. Brooks

Michigan Law Review

A Review of Law and Letters in American Culture by Robert A. Ferguson


Origins Of The Common Law (A Three-Part Series) Part Iti: Common Law Under The Early Normans, David A. Thomas Mar 1986

Origins Of The Common Law (A Three-Part Series) Part Iti: Common Law Under The Early Normans, David A. Thomas

BYU Law Review

No abstract provided.


Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin Jan 1986

Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin

UIC Law Review

No abstract provided.


Regulatory Reform In The Reagan Era, Thomas O. Mcgarity Jan 1986

Regulatory Reform In The Reagan Era, Thomas O. Mcgarity

Maryland Law Review

No abstract provided.


The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson Jan 1986

The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson

UIC Law Review

No abstract provided.


The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan Jan 1986

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.