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Articles 1 - 14 of 14

Full-Text Articles in Legal History

Updating Statutory Interpretation, T. Alexander Aleinikoff Oct 1988

Updating Statutory Interpretation, T. Alexander Aleinikoff

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.


The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter May 1988

The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter

Michigan Law Review

A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet


The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan May 1988

The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan

Michigan Law Review

A Review of The Enduring Constitution: A Bicentennial Perspective by Jethro K. Lieberman


Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover May 1988

Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover

Michigan Law Review

A Review of Encyclopedia of the American Constitution by Leonard Levy, Kenneth Karst and Dennis Mahoney


Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks May 1988

Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks

Michigan Law Review

A Review of Constitutional Opinions: Aspects of the Bill of Rights by Leonard W. Levy


The Settlement Of Disputes In Early Medieval Europe, David A. Westrup May 1988

The Settlement Of Disputes In Early Medieval Europe, David A. Westrup

Michigan Law Review

A Review of The Settlement of Disputes in Early Medieval Europe Edited by Wendy Davies and Paul Fouracre


Human Rights And International Relations, Sandip Bhattacharji May 1988

Human Rights And International Relations, Sandip Bhattacharji

Michigan Law Review

A Review of Human Rights and International Relations by R.J. Vincent


New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors May 1988

New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors

Michigan Law Review

A Review of New Deal Labor Policy and the American Industrial Economy by Stanley Vittoz


The Believer And The Powers That Are, Elizabeth Ferguson May 1988

The Believer And The Powers That Are, Elizabeth Ferguson

Michigan Law Review

A Review of The Believer and the Powers That Are by John T. Noonan, Jr.


Promise Fulfilled And Principle Betrayed, James J. White Jan 1988

Promise Fulfilled And Principle Betrayed, James J. White

Articles

My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …


Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller Jan 1988

Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller

Articles

There has been much, mostly inconclusive, discussion about how to define the household in a manner suitable for comparative purposes. Certain conventional criteria are not very useful in the Icelandic context, where it appears that a person could be attached to more than one household, where the laws suggest it was possible for more than one household to be resident in the same uncompartmentalised farmhouse; and where headship might often be shared. Definitions, for example, based on co residence or on commensalism do not jibe all that well with the pastoral transhumance practised by the Icelanders. Sheep were tended and …


A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green Jan 1988

A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green

Book Chapters

My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …


Ordeal In Iceland, William I. Miller Jan 1988

Ordeal In Iceland, William I. Miller

Articles

Ordeal holds a strange fascination with us. It appalls and intrigues. We marvel at the mentality of those cultures that officialize it; we feel a sense of horror as we imagine ourselves intimately involved with boiling water or glowing irons. And we don't feel up to it. So our terror and cowardice becomes their brutality and irrationality. I am not about to urge to reinstitution of ordeals, although most practicing lawyers will tell you that that is still what going to law is, a crapshoot they say. What I want to do is call attention to the difficulty of not …


Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller Jan 1988

Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller

Articles

The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.