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Full-Text Articles in Legal History

While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel Nov 2022

While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel

Books

What might a sensible community choose to do if its economy has fallen apart and becoming a ghost town is not an acceptable option? Unfortunately, answers to this question have long been measured against an implicit standard: the postwar economy of the 1950s. After showing why that economy provides an implausible standard—made possible by the lack of economic competition from the European and Asian countries, winners or losers, touched by the war—John Henry Schlegel attempts to answer the question of what to do.

While Waiting for Rain first examines the economic history of the United States as well as that …


Gendered Law In American History (2016), Richard Chused, Wendy Williams Jan 2016

Gendered Law In American History (2016), Richard Chused, Wendy Williams

Books

Gendered Law in American History is a remarkable compendium of over thirty years of research and teaching in the field. It explores an array of social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries, including concepts of citizenship at the founding of the republic, the development of married women’s property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. It is both an invaluable reference tool and an important new teaching …


The Founding Fathers Reconsidered, Richard B. Bernstein Jan 2009

The Founding Fathers Reconsidered, Richard B. Bernstein

Books

Here is a vividly written and compact overview of the brilliant, flawed, and quarrelsome group of lawyers, politicians, merchants, military men, and clergy known as the "Founding Fathers"--who got as close to the ideal of the Platonic "philosopher-kings" as American or world history has ever seen.

In The Founding Fathers Reconsidered, R. B. Bernstein reveals Washington, Franklin, Jefferson, Adams, Hamilton, and the other founders not as shining demigods but as imperfect human beings--people much like us--who nevertheless achieved political greatness. They emerge here as men who sought to transcend their intellectual world even as they were bound by its …


Thomas Jefferson And Bolling V Bolling, Richard B. Bernstein Jan 1997

Thomas Jefferson And Bolling V Bolling, Richard B. Bernstein

Books

The manuscript account of the arguments in the case of Bolling v Bolling, chiefly in the hand of Thomas Jefferson, has been published for the first time in this book. The manuscript, which is now in the collection of the Henry E Huntington Library, contains the most complete known account of arguments submitted to an American colonial court. The book's introduction to the court case places it into its proper context.


Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green Jan 1985

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …


The Oracles Of The Law, John P. Dawson Jan 1968

The Oracles Of The Law, John P. Dawson

Books

Based on the lectures delivered at The University of Michigan March 12, 13, 16, 17, and 18, 1959, on The Thomas M. Cooley Lectureship, under the title "Judges: Oracles of the Law."

This study will examine the nature and extent of the contribution that case law has made to the legal systems of England, Rome, France, and Germany. The emphasis will be historical, but the object will be to show the lasting effects of historical experience on modern usage and attitudes.


British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown Jan 1964

British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown

Books

When a dependency severs its formal connection with the mother country - irrespective of the century in which such severance occurs - the act of independence can neither eradicate the past nor solve all problems of the future. In the late eighteenth and early nineteenth centuries, the United States of America discovered that independence from Great Britain in itself did not abolish the need for rules and regulations by which men could anticipate with some degree of certainty the consequences of particular actions. Wholesale adoption of such English statutes as were suited to their condition offered a solution to the …


Legal Education At Michigan, 1859-1959, Elizabeth G. Brown Jan 1959

Legal Education At Michigan, 1859-1959, Elizabeth G. Brown

Books

First opening its doors in 1859, the University of Michigan Law School has now accumulated a full century of experience in educating young men and young women for the practice of law. Two years ago, the law faculty, taking note of the approach of the Centennial year, established a research project under the financial auspices of the William W. Cook Endowment Fund, in order to engage in a serious study of all aspects of the school's activities down the years, and to prepare a complete and definitive report on this first century of history. In charge of the project and …


The Equality Of States In International Law, Edwin Dewitt Dickinson Jan 1920

The Equality Of States In International Law, Edwin Dewitt Dickinson

Books

The author has attempted in this volume to present the equality of states as it appears in the theory of international law and also as it is affected by common usage. Theoretical aspects of the subject are considered in chapters dealing with the sources of the principle, its origin, and its significance in the writings of modem publicists and in illustrative documents. The opinion that Grotius first established the principle in international law is examined and evidence is adduced which indicates that the opinion is erroneous. The equality of states as affected by common usage is really their inequality or …


Corporations And Express Trusts As Business Organizations, Horace L. Wilgus Jan 1915

Corporations And Express Trusts As Business Organizations, Horace L. Wilgus

Books

The advantages of incorporation have long been recognized and frequently referred to in our law ... Upon the other hand the special advantages of Express Trusts have recently been stated .... It is my purpose to compare these two, -- Corporations and Express Trusts, -- in such detail as my time will permit, to discover, if perchance we may, something of the strength and weakness of each, for business purposes, under present day conditions.


The History Of Contract In Early English Equity, W. T. Barbour Jan 1914

The History Of Contract In Early English Equity, W. T. Barbour

Books

“Mr. Barbour’s contribution to the Studies is an attempt to characterize with some precision and detail the functions of the Chancery in the fifteenth century. The court was gradually differentiated from the King’s Council, and the writs of Edward III’s time calling on persons to appear under penalty of a fine or imprisonment (subpoena), and other special injunctions, was generally framed in terms which leave it undecided whether proceedings were to be taken by the King’s Council, or by the Council under the chairmanship of the Chancellor himself with or without the aid of assessors. By the time of Richard …


Trusts And Duties Of Trustees: Instruction Paper, George L. Clark Jan 1912

Trusts And Duties Of Trustees: Instruction Paper, George L. Clark

Books

“Trusts and Duties of Trustees: Instruction Paper” is an overview of the history and current [1912] practice regarding express trusts. Chapters: Chapter I. Origin and Requisites of Expressed Trusts; Chapter II. Nature and Requisites of Express Trusts; Chapter III. Nature of Cestui Que Trust’s Interest; Chapter IV. Resulting and Constructive Trusts; Chapter V. Transfer of Trust Property; Chapter VI. Relinquishment of a Trust; Chapter VII. Duties of a Trustee. Included is an “Examination Paper” for self-testing -- the material is designed to facilitate distance learning under the auspices of the American School of Correspondence based in Chicago, Illinois, as of …


Decisions, Statutes, & C., Concerning The Law Of Estates In Land, John R. Rood Jan 1909

Decisions, Statutes, & C., Concerning The Law Of Estates In Land, John R. Rood

Books

“The following pages have been printed from the notes made from time to time while preparing to conduct exercises in the first course on real property at the University of Michigan, using Blackstone’s Commentaries on the text.… In this edition several typographical errors in the first impression have been discovered and corrected. The scope of the work has also been extended by numerous additions throughout, and by inserting the chapters on uses, trusts, and powers, which did not appear in the first edition.

JOHN R. ROOD

Dated, Ann Arbor, February 25th, 1910” --Preface.


The Conveyance Of Estates In Fee By Deed : Being A Statement Of The Principles Of Law Involved In The Drafting And Interpretation Of Deeds Of Conveyance And In The Examination Of Title To Real Property, James H. Brewster Jan 1904

The Conveyance Of Estates In Fee By Deed : Being A Statement Of The Principles Of Law Involved In The Drafting And Interpretation Of Deeds Of Conveyance And In The Examination Of Title To Real Property, James H. Brewster

Books

The purpose of the writer has been to state the principles of law applicable to the transfer of the title to real property by deed, in such manner as to assist one in drafting and interpreting the instrument of transfer.


Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley Jan 1884

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

From Editor's Preface, v.1: "Believing that the time has come when this work would be increased in value by discarding altogether the notes of English editors, and substituting matter more especially important to American practitioners and students, the editor has prepared this edition under that conviction.... To the Review of the recent progress of the law appended to the Fourth Book, there has been also added a summary account of the British Colonial System and the System of Local Government, and the means given for comparison of these with analogous institutions in the United States."


Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley Jan 1884

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

"Believing that the time has come when this work would be increased in value by discarding altogether the notes of English editors, and substituting matter more especially important to American practitioners and students, the editor has prepared this edition under that conviction.... To the Review of the recent progress of the law appended to the Fourth Book, there has been also added a summary account of the British Colonial System and the System of Local Government, and the means given for comparison of these with analogous institutions in the United States."


Reports Of Cases Determined In The Court Of Chancery Of The State Of Michigan, E. Burke Harrington, Thomas M. Cooley Dec 1881

Reports Of Cases Determined In The Court Of Chancery Of The State Of Michigan, E. Burke Harrington, Thomas M. Cooley

Books

Originally published in 1845, covers cases from 1836-1842. Cited as: Harr. Ch. (2ed) and commonly known as Harrington's chancery reports.

From the Preface to the Second Edition: "Harrington's Reports having been for some time out of print, the undersigned ... has taken charge of a new edition....

"Some improvement ... has been introduced, particularly in the head notes... The original paging has been preserved, for the convenience in tracing former references." Thomas M. Cooley, Ann Arbor, October 1872.


Law Abridgment: Closing Address Delivered Before The Graduating Law Class Of The University Of Michigan, March 20, 1879., James V. Campbell Dec 1878

Law Abridgment: Closing Address Delivered Before The Graduating Law Class Of The University Of Michigan, March 20, 1879., James V. Campbell

Books

We hear on all sides complaints of the increasing mass of printed Reports and text-books, which it is said the lawyer must find some means of mastering, but which no life is long enough to read. The young lawyer, as he scans the dreary catalogues, and wonders what Croesus can buy or what brain can learn all this lore, is sorely puzzled what books to choose from the thousands that have found printers. And when a few years of practice have shown him how small a share of these books have done any good in the world, he is forced …


Outlines Of The Political History Of Michigan, James V. Campbell Dec 1875

Outlines Of The Political History Of Michigan, James V. Campbell

Books

Written in 1876 this work was originally intended as a sketch of the political development of the State of Michigan to be used for the purposes of its Centennial Committee. Chapters span Michigan political history beginning with early explorations by France and England, colonization, French and then British rule, military conquest, the administration of colonial governors, relations with adjacent territorial entities, the last years of the Territory and the first Constitution of 1835; and lastly, Michigan under the Constitution of 1850.


Commentaries On The Constitution Of The United States : With A Preliminary Review Of The Constitutional History Of The Colonies And States Before The Adoption Of The Constitution, Joseph Story, Thomas M. Cooley Dec 1872

Commentaries On The Constitution Of The United States : With A Preliminary Review Of The Constitutional History Of The Colonies And States Before The Adoption Of The Constitution, Joseph Story, Thomas M. Cooley

Books

From the Editor's Preface: “In preparing for the press a fourth edition of Mr. Justice Story’s Commentaries on the Constitution, it has been thought proper to preserve the original text without alteration or interpolation, and to put in notes all discussions by the editor, as well as all references to subsequent adjudications, public papers, and events, tending to illustrate, support, or qualify the positions assumed in the text. The new amendments, however, seemed to demand treatment in the body of the work, and additional chapters are given for that purpose….”


Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley Dec 1871

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

“The main purpose in giving to the public a new edition of the Commentaries of Blackstone, was to present the changes in the law which had taken place since the last preceding edition appeared, that the reader, while informing himself concerning the law of England of a century since, might not be misled in respect to its present condition. With this object before him, while avoiding the detail which might be useful to the English practitioner, but which would merely cumber the pages for American use, the editor has sought to indicate the statutory changes sufficiently to give a general …


Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley Dec 1871

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

“The main purpose in giving to the public a new edition of the Commentaries of Blackstone, was to present the changes in the law which had taken place since the last preceding edition appeared, that the reader, while informing himself concerning the law of England of a century since, might not be misled in respect to its present condition. With this object before him, while avoiding the detail which might be useful to the English practitioner, but which would merely cumber the pages for American use, the editor has sought to indicate the statutory changes sufficiently to give a general …


Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley Dec 1870

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

From Editor's Preface, Volume I:

“The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led them to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest….

“In preparation of the present edition it has not been thought unimportant to call attention from time to time to the differences which exist between the constitutions of Great Britain and of the United States. Some of those differences, however, are too subtle to …


Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley Dec 1870

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

“The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led them to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest….

“In preparation of the present edition it has not been thought unimportant to call attention from time to time to the differences which exist between the constitutions of Great Britain and of the United States. Some of those differences, however, are too subtle to be put upon paper, and …