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Articles 61 - 90 of 110
Full-Text Articles in Legal History
The Opinion Volume 27 Number 1 – April 23, 1986, The Opinion
The Opinion Volume 27 Number 1 – April 23, 1986, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated April 23, 1986
The Opinion Volume 26 Number 13 – April 7, 1986, The Opinion
The Opinion Volume 26 Number 13 – April 7, 1986, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated April 7, 1986
Angels And Infidels: Hierarchy And Historicism In Medieval Legal History, Guyora Binder
Angels And Infidels: Hierarchy And Historicism In Medieval Legal History, Guyora Binder
Buffalo Law Review
In Law and Revolution, author Harold Berman argued that our society’s commitment to law’s autonomy and to law’s efficacy for social change are persuasively synthesized in an idea of legal science originally developed by medieval canon lawyers to justify the centralization of authority under the Pope. According to Berman, this idea of progress through law became the model for the modern state and inspired progressive social change. This essay challenges these claims. It argues that medieval scholasticism had a static view of history and that Berman systematically misreads synchronic representations of hierarchy and dominion in scholastic thought as diachronic representations …
Regionalism And American Legal History: The Southern Experience, James W. Ely, Jr., David J. Bodenhamer
Regionalism And American Legal History: The Southern Experience, James W. Ely, Jr., David J. Bodenhamer
Vanderbilt Law Review
Commentators surprisingly have failed to focus on the influence of regionalism in the development of American law. To be sure, numerous books and articles examine state law and its local application or explore the treatment by several states of a particular legal concept or category of laws. But attempts to define regional attitudes toward law or to analyze regional differences in legal practice are almost nonexistent. So foreign has the topic of regionalism been to scholarship in American legal history that Lawrence Friedman's acclaimed synthesis, A History of American Law,' contains no discussion of regionalism or its close relative,sectionalism. Even …
Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy
Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy
Michigan Law Review
A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham
The Lindbergh Kidnapping Revisited, John F. Keenan
The Lindbergh Kidnapping Revisited, John F. Keenan
Michigan Law Review
A Review of The Airman and the Carpenter: The Lindbergh Kidnapping and the Framing of Richard Hauptmann by Ludovic Kennedy
When Justice Fails, Stephan Landsman
When Justice Fails, Stephan Landsman
Michigan Law Review
A Review of The Haymarket Tragedy by Paul Avrich
Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz
Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz
Michigan Law Review
A Review of Lying Down Together: Law, Metaphor, and Theology by Milner S. Ball
Law And Letters In American Culture, Lee W. Brooks
Law And Letters In American Culture, Lee W. Brooks
Michigan Law Review
A Review of Law and Letters in American Culture by Robert A. Ferguson
Levy Vs. Levy, David A. Anderson
Levy Vs. Levy, David A. Anderson
Michigan Law Review
A Review of Emergence of a Free Press by Leonard W. Levy
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Michigan Law Review
A Review of Verdict According to Conscience by Thomas Andrew Green
Ambivalent Legacy: A Legal History Of The South, Lynda J. Oswald
Ambivalent Legacy: A Legal History Of The South, Lynda J. Oswald
Michigan Law Review
A Review of Ambivalent Legacy: A Legal History of the South edited by David J. Bodenhamer and James W. Ely, Jr.
Euthanasia For Sale?, A.W. Brian Simpson
Euthanasia For Sale?, A.W. Brian Simpson
Michigan Law Review
A Review of Easing the Passing: The Trial of Dr. John Bodkin Adams by Patrick Devlin
The Trials Of Israel Lipski, Blaine G. Renfert
The Trials Of Israel Lipski, Blaine G. Renfert
Michigan Law Review
A Review of The Trials of Israel Lipski by Martin L. Friedland
The Opinion Volume 26 Number 12 – March 26, 1986, The Opinion
The Opinion Volume 26 Number 12 – March 26, 1986, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March 26, 1986. Includes "National Opinion" spoof issue overwrap.
The Opinion Volume 26 Number 11 – March 12, 1986, The Opinion
The Opinion Volume 26 Number 11 – March 12, 1986, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March 12, 1986
Origins Of The Common Law (A Three-Part Series) Part Iti: Common Law Under The Early Normans, David A. Thomas
Origins Of The Common Law (A Three-Part Series) Part Iti: Common Law Under The Early Normans, David A. Thomas
BYU Law Review
No abstract provided.
The Opinion Volume 26 Number 10 – February 26, 1986, The Opinion
The Opinion Volume 26 Number 10 – February 26, 1986, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 26, 1986
The Opinion Volume 26 Number 9 – February 12, 1986, The Opinion
The Opinion Volume 26 Number 9 – February 12, 1986, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 12, 1986
The Opinion Volume 26 Number 8 – January 29, 1986, The Opinion
The Opinion Volume 26 Number 8 – January 29, 1986, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated January 29, 1986
Limited Liability And Corporate Groups, Phillip Blumberg
Limited Liability And Corporate Groups, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Images Of The Woman Juror, Carol Weisbrod
Images Of The Woman Juror, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Review Of Culture And History In Medieval Iceland, William I. Miller
Review Of Culture And History In Medieval Iceland, William I. Miller
Reviews
It is a common dysfunction of scholars, particularly medieval historians, to fear grand syntheses and all-encompassing explanations. This is less frequently a disease among anthroplogists, and in fact in anthropologists of a structural bent there is no reticence whatsoever, but positive delight in the big, the general, the quasi- and the just plain theoretical. And in the best French tradition they often construct their models per ecartant les faits. Kirsten Hastrup is a structuralist more influenced by Levi-Strauss than Evans-Pritchard; she is also a trained anthropologist. This is both good and bad news. The Icelandic materials are as well suited …
The Moral Dilemma Of Positivism, Anthony D'Amato
The Moral Dilemma Of Positivism, Anthony D'Amato
Faculty Working Papers
I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …
Torts (Annual Survey Of Michigan Law, June 1, 1984 - May 31, 1985), Lawrence C. Mann
Torts (Annual Survey Of Michigan Law, June 1, 1984 - May 31, 1985), Lawrence C. Mann
Law Faculty Research Publications
Areas of particular significance during the Survey period include products liability and governmental immunity. In the area of products liability, the Michigan Supreme Court declined to determine whether a manufacturer of birth control pills has a duty to warn the ultimate user, stating that this determination is best left to the legislature. The court's reluctance to rule in the area of products liability for drugs sharply contrasted with its willingness to abolish implied warranty as a theory of liability for design defects. In the area of governmental immunity, the supreme court restructured the governmental immunity doctrine to shield state and …
The Forgotten Era, David S. Bogen
Farewell To The Sea Of Doubt: Jettisoning The Constitutional Sherman Act, Thomas C. Arthur
Farewell To The Sea Of Doubt: Jettisoning The Constitutional Sherman Act, Thomas C. Arthur
Faculty Articles
This Article proceeds as follows. Part I examines the legislative history of the Sherman Act to discover the policy choices actually made by the 1890 Congress. Part II sketches the development, operation and social costs of the conventional "constitutional" approach which now dominates section 1 adjudication. This Part demonstrates how the Supreme Court's failure to establish a workable methodology for resolving hard cases in the first Sherman Act decisions enabled it later to create the myth that the 1890 Congress made no hard policy choices. It then shows that the lack of a recognized statutory standard inevitably leads to doctrinal …
Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin
UIC Law Review
No abstract provided.
Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman
Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman
Faculty Articles
Often, in a case of first instance, a judge will reach a decision by an appeal to legal principles. For example, in the 1889 case of Riggs v. Palmer a New York court had to decide whether a grandson who had murdered his grandfather could inherit under the will in which his grandfather had named him an heir. The statutes and rules of testamentary law did not prohibit the inheritance. The court, however, invoked the legal principle that no one should be permitted to profit by his own wrong and denied the claim to inheritance. The use of such principles …
Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar
Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar
Faculty Scholarship
No abstract provided.