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Articles 451 - 480 of 1067
Full-Text Articles in Legal History
History's Stories, Stephan Landsman
History's Stories, Stephan Landsman
Michigan Law Review
A Review of Stories of Scottsboro by James Goodman
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
Michigan Law Review
A Review of English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law by Robert C. Palmer
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis
University of Michigan Journal of Law Reform
With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …
The Agincourt Campaign And The Law Of War, A. W.B. Simpson
The Agincourt Campaign And The Law Of War, A. W.B. Simpson
Michigan Journal of International Law
Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron
Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson
Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson
Michigan Journal of International Law
In Section I of this article, I will describe the events that led to the current controversy. In Section II, I will discuss whether the content of historic documents can be classified as cultural property. In Section III, I will consider whether control of the content of these documents interferes with intellectual freedom. In Section IV, I will discuss the intellectual property arguments raised by owners and interpreters of the Scrolls. Finally, in Section V, I will propose standards for access to, and preservation of, historic documents.
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
Articles
In 1892, the Chinese Consolidated Benevolent Association in San Francisco urged the resident Chinese community to ignore a federal law. The United States Congress had just passed the Geary Act, which required all Chinese laborers living in the United States to register with the collector of internal revenue. Under the act, those who did not register would face arrest and likely deportation. The Benevolent Association, also known as the Six Companies," claimed that the act violated both the constitutional right to due process and treaty obligations with China. To combat the legislation, the association enlisted the assistance of the Chinese …
Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks
Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks
University of Michigan Journal of Law Reform
In this Article, I generally concur that certain legal reforms do hold considerable potential for ameliorating some of the desperate circumstances we find in our cities today. My view is rooted in the recognition that past reforms which dismantled legal barriers to equal opportunity were of monumental significance in broadening social and economic access to our urban arrangements. But it also is rooted in the conviction that a new wave of legal reform might well be required in order to reconsider other past reforms that, however unintentionally, have made many matters worse. Above all, any proposed legal reform should be …
Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton
Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton
University of Michigan Journal of Law Reform
This Note explores the relationship between legal education and the legal profession, and what can be done to stop the two institutions from drifting farther and farther apart. Part I examines the history of the American law school, focusing on how the schools came into existence and what goals they intended to serve. Part II questions whether these goals have been reached, and dissects the present-day law school curriculum in search of both its triumphs and its failures. A necessary part of this curriculum analysis includes examining the evolution of the profession into a creature of both law and business, …
Executive Detention In Time Of War, Richard A. Posner
Executive Detention In Time Of War, Richard A. Posner
Michigan Law Review
A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson
Rehabilitating Federalism, Erwin Chemerinsky
Rehabilitating Federalism, Erwin Chemerinsky
Michigan Law Review
A Review of To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer
The Constitution Besieged: The Rise And Demise Of Lochner Era Police Powers Jurisprudence, C. Ian Anderson
The Constitution Besieged: The Rise And Demise Of Lochner Era Police Powers Jurisprudence, C. Ian Anderson
Michigan Law Review
A Review of The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence by Howard Gillman
The Inherent Power In Mapping Ownership, Michael P. Conzen
The Inherent Power In Mapping Ownership, Michael P. Conzen
Michigan Law Review
A Review of The Cadastral Map in the Service of the State: A History of Property Mapping by Roger J.P. Kain and Elizabeth Baigent
"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.
"Am I, By Law, The Lord Of The World?": How The Juristic Response To Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, Charles J. Reid Jr.
Michigan Law Review
A Review of The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition by Kenneth Pennington
A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner
A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner
Michigan Law Review
A Review of A Distant Heritage: The Growth of Free Speech in Early America by Larry D. Eldridge
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Michigan Law Review
The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.
Second, …
The Historical Origins Of The Privilege Against Self-Incrimination At Common Law, John H. Langbein
The Historical Origins Of The Privilege Against Self-Incrimination At Common Law, John H. Langbein
Michigan Law Review
This essay explains that the true origins of the common law privilege are to be found not in the high politics of the English revolutions, but in the rise of adversary criminal procedure at the end of the eighteenth century. The privilege against self-incrimination at common law was the work of defense counsel.
Part I of this essay discusses the several attributes of early modem criminal procedure that combined, until the end of the eighteenth century, to prevent the development of the common law privilege. Part II explains how prior scholarship went astray in locating the common law privilege against …
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
Michigan Journal of International Law
This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …
It's Worth Remembering, John W. Reed
It's Worth Remembering, John W. Reed
Other Publications
A speech delivered to the Michigan Supreme Court Historical Society Annual Meeting luncheon, held in Southfield, Michigan on April 28, 1994.
Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams
Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams
Michigan Journal of International Law
Review of Black Hundred: The Rise of the Extreme Right in Russia by Walter Laquer, and Free to Hate: The Rise of the Extreme Right in Russia by Paul Hockenos
Review Of Political Discourse In Early Modern Britain, Donald J. Herzog
Review Of Political Discourse In Early Modern Britain, Donald J. Herzog
Reviews
This is a festschrift for the indefatigable J. G. A. Pocock (indefatigable indeed: the volume closes with a daunting nine-page bibliography of Pococks work to date, a veritable flood of erudition that shows no signs of ebbing). The essays are better than what usually end up stuck in such volumes: better as a simple matter of scholarly quality, but better too as exemplary models of what is distinctive in Pocock's approach. I suppose that at this price, no one will consider asking impoverished graduate students to purchase the volume. But there are always reserve desks, not to mention xerox machines …
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Articles
For the most part, the Supreme Court's decisions in 1932 and 1933 disappointed liberals. The two swing Justices, Chief Justice Charles Evans Hughes and Justice Owen J. Roberts, seemed to have sided more with the Court's four conservatives than with its three liberals. Between early 1934 and early 1935, however, the Court issued three thunderbolt decisions, all by five-to-four votes on the liberal side and with either Hughes or Roberts writing for the majority over the dissent of the conservative foursome: in January 1934, Home Building & Loan Ass'n v. Blaisdell' severely limited the extent to which the Contracts Clause …
A Reaffirmation: The Authenticity Of The Roberts Memorandum, Or Felix The Non-Forger (Justices Felix Frankfurter And Owen J. Roberts), Richard D. Friedman
A Reaffirmation: The Authenticity Of The Roberts Memorandum, Or Felix The Non-Forger (Justices Felix Frankfurter And Owen J. Roberts), Richard D. Friedman
Articles
In the December 1955 issue of this Law Review, Justice Felix Frankfurter published a tribute to his late friend and colleague, Owen J. Roberts.' The tribute centered on what Frankfurter claimed was the text of a memorandum that Roberts wrote in 1945 to explain his conduct in the critical minimum wage cases of 1936 and 1937, Morehead v. New York ex rel. Tipaldo2 and West Coast Hotel Co. v. Parrish.' Scholars have often challenged the adequacy of Roberts's account of why he cast decisive votes for the conservatives in Tipaldo and for the liberals in West Coast Hotel.4 Until recently, …
"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush
"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush
Michigan Law Review
A Review of The Invention of Free Labor: The Employment Relation in English and American Law and Culture, 1350-1870 by Robert J. Steinfeld
Repossession: Of History, Poverty, And Dissent, Martha Minow
Repossession: Of History, Poverty, And Dissent, Martha Minow
Michigan Law Review
A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones
Transforming History In The Postmodern Era, G. Edward White
Transforming History In The Postmodern Era, G. Edward White
Michigan Law Review
A Review of The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy by Morton J. Horwitz
A Tale Of Two Rivers, Carol M. Rose
A Tale Of Two Rivers, Carol M. Rose
Michigan Law Review
A Review of The Green Cathedral: Sustainable Development of Amazonia by Juan de Onis and Nature Incorporated: Industrialization and the Waters of New England by Theodore Steinberg
Strangers On A Train, Peirre N. Leval
Strangers On A Train, Peirre N. Leval
Michigan Law Review
A Review of Make No Law: The Sullivan Case and the First Amendment by Anthony Lewis
Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman
Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman
Michigan Law Review
A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.
Intellectual History, Probability, And The Law Of Evidence, Peter Tillers
Intellectual History, Probability, And The Law Of Evidence, Peter Tillers
Michigan Law Review
A Review of "Beyond Reasonable Doubt" ad "Probable Cause": Historical Perspectives on the Anglo-American Law of Evidence by Barbara J. Shapiro
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
Articles
On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …