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Legal History Commons

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Articles 1 - 26 of 26

Full-Text Articles in Legal History

Racial Purges, Robert L. Tsai Jan 2020

Racial Purges, Robert L. Tsai

Michigan Law Review

Review of Beth Lew-Williams' The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America.


Be Careful What You Wish For? Reducing Inequality In The Twenty-First Century, Reuven S. Avi-Yonah, Orli K. Avi-Yonah Apr 2018

Be Careful What You Wish For? Reducing Inequality In The Twenty-First Century, Reuven S. Avi-Yonah, Orli K. Avi-Yonah

Michigan Law Review

A review of Walter Scheidel, The Great Leveler: Violence and the History of Inequality from the Stone Age to the Twenty-First Century.


Family History: Inside And Out, Kerry Abrams Apr 2013

Family History: Inside And Out, Kerry Abrams

Michigan Law Review

The twenty-first century has seen the dawn of a new era of the family, an era that has its roots in the twentieth. Many of the social and scientific phenomena of our time - same-sex couples, in vitro fertilization, single-parent families, international adoption - have inspired changes in the law. Legal change has encompassed both constitutional doctrine and statutory innovations, from landmark Supreme Court decisions articulating a right to procreate (or not), a liberty interest in the care, custody, and control of one's children, and even a right to marry, to state no-fault divorce statutes that have fundamentally changed the …


But How Will The People Know? Public Opinion As A Meager Influence In Shaping Contemporary Supreme Court Decision Making, Tom Goldstein, Amy Howe Apr 2011

But How Will The People Know? Public Opinion As A Meager Influence In Shaping Contemporary Supreme Court Decision Making, Tom Goldstein, Amy Howe

Michigan Law Review

Chief Justice John Roberts famously described the ideal Supreme Court Justice as analogous to a baseball umpire, who simply "applies" the rules, rather than making them. Roberts promised to "remember that it's my job to call balls and strikes and not to pitch or bat." At her own recent confirmation hearings, Elena Kagan demurred, opining that Roberts's metaphor might erroneously suggest that "everything is clear-cut, and that there's no judgment in the process." Based on his 2009 book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution, Barry Friedman …


A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner May 1994

A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner

Michigan Law Review

A Review of A Distant Heritage: The Growth of Free Speech in Early America by Larry D. Eldridge


Law And Disputing In Commercializing Early America, Cornelia Dayton May 1989

Law And Disputing In Commercializing Early America, Cornelia Dayton

Michigan Law Review

A Review of Neighbors and Strangers: Law and Community in Early Connecticut by Bruce H. Mann


Trial By Ordeal, Robert C. Palmer May 1989

Trial By Ordeal, Robert C. Palmer

Michigan Law Review

A Review of Trial by Fire and Water: The Medieval Judicial Ordeal by Robert Bartlett


Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher May 1989

Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher

Michigan Law Review

A Review of Transfers of Property in Eleventh-Century Norman Law by Emily Zack Tabuteau


Privacy In A Public Society: Human Rights In Conflict, David Clark Esseks May 1989

Privacy In A Public Society: Human Rights In Conflict, David Clark Esseks

Michigan Law Review

A Review of Privacy in a Public Society: Human Rights in Conflict by Richard F. Hixson


Women And The Law Of Property In Early America, David H. Bromfield May 1987

Women And The Law Of Property In Early America, David H. Bromfield

Michigan Law Review

A Review of Women and the Law of Property in Early America by Marylynn Salmon


Where They Are Now: The Story Of The Women Of Harvard Law 1974, Lissa M. Cinat May 1987

Where They Are Now: The Story Of The Women Of Harvard Law 1974, Lissa M. Cinat

Michigan Law Review

A Review of Where They Are Now: The Story of the Women of Harvard Law 1974 by Jill Abramson and Barbara Franklin


Law, Legalism, And Community Before The American Revolution, Bruce H. Mann Jun 1986

Law, Legalism, And Community Before The American Revolution, Bruce H. Mann

Michigan Law Review

The connections between law and community are difficult to identify, let alone explain. It may be best to begin by seeing how law and the ways people used it changed, and then attempt to relate those changes to the surrounding economy and society. One must, of course, be wary of finding what one looks for. Nonetheless, as with objects against a dark background, it is sometimes easier to see things when they move than when they remain still. To illustrate the interactive nature of legal change and community, I will draw on examples from Connecticut before the Revolution - not …


Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz Apr 1986

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


When Justice Fails, Stephan Landsman Apr 1986

When Justice Fails, Stephan Landsman

Michigan Law Review

A Review of The Haymarket Tragedy by Paul Avrich


Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman Feb 1984

Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman

Michigan Law Review

A Review of Law School: Legal Education in America From the 1850s to the 1980s by Robert Stevens


Regulation In Perspective: Historical Essays, Michigan Law Review Mar 1983

Regulation In Perspective: Historical Essays, Michigan Law Review

Michigan Law Review

A Review of Regulation and Perspective: Historical Essays edited by Thomas K. McCraw


Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings Mar 1983

Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings

Michigan Law Review

A Review of Law and Society in Puritan Massachusetts: Essex County, 1629-1692 by David Thomas Konig, and Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825 by William E. Nelson, and Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 by A.G. Roeber


Anatomy Of Racism, Damon J. Keith Mar 1983

Anatomy Of Racism, Damon J. Keith

Michigan Law Review

A Review of Hearts and Minds: The Anatomy of Racism From Roosevelt to Reagan by Harry S. Ashmore


From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch May 1982

From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch

Michigan Law Review

While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …


Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review Mar 1982

Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review

Michigan Law Review

A Review of Law for the Elephant: Property and Social Behavior on the Overland Trial by John Phillip Reid


Toward A New Theory Of Roman Law, David F. Pugsley Mar 1982

Toward A New Theory Of Roman Law, David F. Pugsley

Michigan Law Review

A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier


Social Research And The Use Of Medieval Criminal Records, Edward Powell Mar 1981

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt


Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob Mar 1979

Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob

Michigan Law Review

A Review of Doing Good: The Limits of Benevolence by Willard Gaylin, Ira Glasser, Steven Marcus, and David J. Rothman


Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney Mar 1979

Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney

Michigan Law Review

A Review of Porter: The Never-Ending Wrong, and Meeropol & Meeropol: We Are Your Sons: The Legacy of Ethel and Julius Rosenberg, and Weinstein:Perjury: The Hiss-Chambers Case


Fornication, Cohabitation, And The Constitution, Michigan Law Review Dec 1978

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …


Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr. Jan 1976

Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.

Michigan Law Review

A Review of Les officialités à la veille du Concile de Trente by Anne Lefebvre-Teillard