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Articles 1 - 19 of 19
Full-Text Articles in Legal History
Facades Of Justice, Norman W. Spaulding
Facades Of Justice, Norman W. Spaulding
Michigan Law Review
Representing Justice is a book of encyclopedic proportions on the iconography of justice and the organization of space in which adjudication occurs. Professors Judith Resnik and Dennis Curtis have gathered a provocative array of images, ranging from the scales of the Babylonian god Shamash-"judge of heaven and earth"-on a 4,200-year-old seal (pp. 18- 19 & fig. 23), and a 600-year-old painting of Saint Michael weighing the souls at the Last Judgment with sword and scales in hand (p. 23 fig. 25) to the tiny Cook County Courthouse in Grand Marais, Minnesota, 110 miles north of Duluth (p. 372 fig. 226), …
Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel
Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel
Michigan Law Review
Leonard Levy, the legal historian who has written a number of highly regarded historical studies on various provisions of the United States Constitution, has added to his impressive oeuvre a new study of civil and criminal forfeiture. A License to Steal brings together a discussion of English legal history, a review of a number of Nineteenth Century and late Twentieth Century Supreme Court forfeiture decisions, accounts of actual applications of civil and criminal forfeiture, and a summary and critique of legislative proposals that have been made for reform of the civil forfeiture provisions of the federal drug statute. There is …
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen
Michigan Law Review
A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868
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
Justice, Mercy, And Late Medieval Governance, Pat Mccune
Justice, Mercy, And Late Medieval Governance, Pat Mccune
Michigan Law Review
A Review of Kingship, Law, and Society: Criminal Justice in the Reign of Henry V by Edward Powell
Governmental Secrecy And The Founding Fathers: A Study In Constitutional Controls, Michigan Law Review
Governmental Secrecy And The Founding Fathers: A Study In Constitutional Controls, Michigan Law Review
Michigan Law Review
A Review of Governmental Secrecy and the Founding Fathers: A Study in Constitutional Controls by Daniel N. Hoffman
Popular Justice: A History Of American Criminal Justice, Michigan Law Review
Popular Justice: A History Of American Criminal Justice, Michigan Law Review
Michigan Law Review
A Review of Popular Justice: A History of American Criminal Justice by Samuel Walker
Territorial Courts And The Law: Unifying Factors In The Development Of American Legal Institutions-Pt.Ii-Influences Tending To Unify Territorial Law, William Wirt Blume, Elizabeth Gaspar Brown
Territorial Courts And The Law: Unifying Factors In The Development Of American Legal Institutions-Pt.Ii-Influences Tending To Unify Territorial Law, William Wirt Blume, Elizabeth Gaspar Brown
Michigan Law Review
With the exception of Kentucky, Vermont, Texas, California, and West Virginia, all parts of continental United States south and west of the present boundaries of the original states came under colonial rule, and were governed from the national capital through territorial governments for varying periods of time. All territories in this area were "incorporated" in the sense that they were destined to become states of the United States. All became states by 1912, leaving only Alaska and Hawaii for future statehood. Now that these territories have become states, it seems desirable to review legal developments in all of these "incorporated" …
Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown
Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown
Michigan Law Review
The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …
Murphy: Congress And The Court, Robert B. Mckay
Murphy: Congress And The Court, Robert B. Mckay
Michigan Law Review
A Review of Congress and the Court. By Walter F. Murphy
Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume
Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume
Michigan Law Review
The Northwest Ordinance of 1787 made provisions for legislation by the territorial government in two stages: (1) adoption of laws by the governor and judges from the laws of the original states, and (2) enactment of statutes by a legislature made up of the governor, a council, and elected representatives. The first method was to be followed until the population should reach 5,000 and the second method thereafter. The present study is limited to the first stage.
The Rule Of Law In Historical Perspective, W. Burnett Harvey
The Rule Of Law In Historical Perspective, W. Burnett Harvey
Michigan Law Review
Events of the past two decades have made imperative a fundamental re-examination of the basis of government and the legal order. The gross inhumanities of the German and Japanese regimes during the Second World War are fresh in our memories. In many areas of the world today, the force of law is being used for the systematic suppression of claims to freedom and human dignity. The revolutionary ferment of the post-war years has brought into existence new governments with the task of determining their fundamental orientation and the direction of their legal orders.
The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep
The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep
Michigan Law Review
In a nutshell, the topic of this paper is "Comstockery and the Bowdlerizing of Ideas." The thesis here asserted is that the Rule of Law is violated when legislatures succumb to modern attempts by the often pathologically-motivated zealot legally to freeze current tastes in moral and political beliefs. The relationship between taste statutes and the seemingly esoteric topic, "The Legislative Process and the Rule of Law," is based on the premise that the maximum possible degree of intellectual freedom for each individual is an essential ingredient in the legal system of a civilized society.
Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume
Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume
Michigan Law Review
The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
Michigan Law Review
The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.
Probate And Administration On The American Frontier: A Study Of The Probate Records Of Wayne County- Northwest Territory 1796-1803; Indiana Territory 1803-1805; Michigan Territory 1805-1816, William Wirt Blume
Michigan Law Review
As late as 1815 there was only one county in Michigan Territory- Wayne County- made up of parts of the territory to which the Indian titles had been extinguished. As other counties were organized beginning in 1817, Wayne County was reduced to its present size. A law adopted July 27, 1818, provided that a probate court should be held in each county. By a proclamation dated October 2, 1818, Acting Governor Woodbridge declared it was "no longer expedient to continue the present subdivisions of this territory into districts" for probate purposes; instead, each county should be "a separate District and …
The Wills Branch Of The Worthier Title Doctrine, Joseph W. Morris
The Wills Branch Of The Worthier Title Doctrine, Joseph W. Morris
Michigan Law Review
It is the purpose of this article to examine the history and origin of the wills branch of the worthier title doctrine, to ascertain the extent of its application and the manner of its application, to determine the legal consequences flowing therefrom, and to consider the desirability of its continued existence.
Adminsration Of Justice In The Lake Michigan Wilderness, George Pickard
Adminsration Of Justice In The Lake Michigan Wilderness, George Pickard
Michigan Law Review
There is a strange and quite unassembled story to be told of the part played by the administration of justice in the development of civilization out of the wilderness that surrounded the great Lake Michigan basin. This vast body of fresh water that now serves as an inter-communicating medium for great centers of modem life, was once only a great separating sea between long reaches of forests, infested with Indian tribes. Here and there were little clusters of cabins, inhabited by an adventurous people, who, within the span of two centuries, were submitted to the successive sways of three great …
English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross
English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross
Michigan Law Review
In view of the part which the judges played for a4d against the first two STUARTS, and in view of the grievances of the subject under the law as administered in the ordinary courts 2 -to say nothing of the Star Chamber and the High Commission-it was to be expected that, in the great political and religious upheaval resulting from the Puritan Revolution and the ensuing Civil War, the legal edifice could not remain unshaken. As is well known, one of the early acts of the Long Parliament, in the summer of 1641, was to ab6lish the Star Chambei, the …