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Full-Text Articles in Legal History
The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider
The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider
Michigan Law Review
In 1961, when Justice Edwards of the Michigan supreme court said, "From this date forward the judicial doctrine of governmental immunity from ordinary torts no longer exists in Michigan," he went on to say that he was eliminating from the law of Michigan "an ancient rule inherited from the days of absolute monarchy," a "whim of long-dead kings." Justice Carr, dissenting, agreed that the doctrine in question "came to us as a part of the common law," for which reason he thought it was protected by the reception clause of the Constitution of 1850 from the overruling action of the …
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 …
Schiller: An American Experience In Roman Law, Charles Donahue Jr.
Schiller: An American Experience In Roman Law, Charles Donahue Jr.
Michigan Law Review
A Review of An American Experience in Roman Law by A. Arthur Schiller
Enforcement Of Money Judgments In Early American History, Stefan A. Riesenfeld
Enforcement Of Money Judgments In Early American History, Stefan A. Riesenfeld
Michigan Law Review
The history of the enforcement of money judgments in the United States during the colonial period and the early days of statehood has never been explored in depth. The only modern account is the brief discussion in R. Millar's Civil Procedure of the Trial Court in Historical Perspective. Yet, in view of the recent and long overdue concern with the protection of debtors against unnecessarily harsh and oppressive direct collection remedies, a study of the early efforts designed to shield debtors from excessive and wasteful deprivations of their property is not without interest, especially as the record is rich …
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 …