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Articles 1 - 5 of 5
Full-Text Articles in Legal History
Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii
Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii
Faculty Publications
On April 6, 2001, the U.S. Sentencing Commission approved a group of amendments to guidelines governing the sentencing of economic crimes. These measures, collectively known to as the “economic crime package,” are the culmination of some six years of deliberations by both the Conaboy and Murphy Sentencing Commissions working together with interested outside groups such as the defense bar, the Justice Department, probation officers, and the Criminal Law Committee of the U.S. Judicial Conference, The package contains three basic components. First, the now-separate theft and fraud guidelines, Sections 2B1.1 and 2F1.1, will be consolidated into a single guideline. Second, the …
Looseleafing The Flow: An Anecdotal History Of One Technology For Updating, Howard T. Senzel
Looseleafing The Flow: An Anecdotal History Of One Technology For Updating, Howard T. Senzel
Faculty Publications
This work will show that there is a great gulf between the culture of lawmakers and the culture of those who comply. Lawmakers - legislators, administrators, and especially judges - function by producing primary authorities in law. The texts of these authorities are the law itself. Because they were created in the course of deciding actual cases - cases which produced insights to a truth of lasting value, these texts have an authority equal to all the other insights produced down through the ages. The excitement that accompanies such insights tends to blind lawmakers to the chore of compliance. Those …
The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault
The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault
Faculty Publications
Examines the harmless error rule as interpreted by Michigan case law.
The Power Of Codification In Latin America: Simón Bolívar And The Code Napoléon, M C. Mirow
The Power Of Codification In Latin America: Simón Bolívar And The Code Napoléon, M C. Mirow
Faculty Publications
Codification can be an effective means to centralize and to consolidate state power. The use of codification in this manner runs against the commonly perceived notion that it promotes republican and egalitarian values. As Simon Bolivar's dictatorship quickly crumbled around him, he turned to codification based on the Code Napoleon as part of an attempt to unify Gran Colombia. Factors leading him to this undertaking and source were the need for legal reform, his emulation of Napoleon, his exposure to the works of Jeremy Bentham, and, speculatively, the influence of Andres Bello. Boivar's attempt at codification was not to complete …
On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar
On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar
Faculty Publications
Legal theorists increasingly have come to recognize and study the existence of a constitutional canon composed of highly authoritative legal texts that command special reverence in the law. Among these highly authoritative texts are a series of dissenting opinions—e.g., Justice Holmes's in Lochner v. New York, and Justice Harlan's in Plessy v. Ferguson—that ironically are more famous than the majority opinions in most other cases. This Article examines the evolution of the dissenting canon, seeking to explain both the methods by which various dissenting opinions became canonized and the motivating factors behind these canonizations.
Specifically, the Article argues that the …