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Legal History Commons

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Full-Text Articles in Legal History

Review By Justice John Paul Stevens (Ret.), John Paul Stevens Jan 2019

Review By Justice John Paul Stevens (Ret.), John Paul Stevens

Michigan Law Review

Review of Noah Feldman's The Three Lives of James Madison: Genius, Partisan, President.


The Second Amendment: Structure, History, And Constitutional Change, David Yassky Dec 2000

The Second Amendment: Structure, History, And Constitutional Change, David Yassky

Michigan Law Review

A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …


Recovering The Original Fourth Amendment, Thomas Y. Davies Dec 1999

Recovering The Original Fourth Amendment, Thomas Y. Davies

Michigan Law Review

Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …


Zero-Sum Madison, Thomas W. Merrill May 1992

Zero-Sum Madison, Thomas W. Merrill

Michigan Law Review

A Review of Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky