Law Commons^™

240 Men: The Antebellum Lower Federal Judiciary, 1829-1861, Kermit L. Hall

Vanderbilt Law Review

Between 1829 and 1861 antebellum presidents nominated 200 judges to the federal lower courts. Earlier administrations had appointed another forty jurists who held their positions during part or all of the era. Of these judges, 108 served in the federal district courts, 126 in the territorial courts, five in the Court of Claims, and one in a special circuit court established in 1855 for the northern district of California. The number of appointments available to an administration involved fate and the pace of territorial expansion;thus, during the first eight years of the period, Jackson nominated thirty-two judges, while in the …

Proposal For A Model Name Act, Ellen Jean Dannin

University of Michigan Journal of Law Reform

This note will discuss the common law of names relating to such issues as identity, contract, civil procedure, and criminal procedure, as well as discussing common law and statutory change of name methods. The failure of some courts to apply the existing law of names in a manner consistent with the state interest in record keeping and the personal interest in freedom of expression will be reviewed. Finally, a model act will be proposed attempting to reconcile and promote these interests.

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

Book Reviews, Frank J. Remington, George B. Tindall

Vanderbilt Law Review

Fair and Certain Punishment

Review by Frank J. Remington

Punishing Criminals. By Ernest van den Haag. New York: BasicBooks, Inc., 1975. Thinking About Crime. By James Q. Wilson. New York: BasicBooks, Inc., 1975.

Times change. So also do opinions about important social problems such as crime and government's response to crime. The books of both van den Haag and Wilson reflect changing opinions on crime and on what to do about crime. Both urge that we abandon the view that social conditions are an important cause of crime and that an improvement in social conditions will reduce crime substantially.Both urge …

Casenote: Employment Discrimination - Title Vii - Unlawful To Use Conviction Records As An Absolute Bar To Employment, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Education And The Law: State Interests And Individual Rights, Michigan Law Review

Michigan Law Review

No government activity exerts a more pervasive influence on Americans for a longer period of their lives than the regulation of education. The state seeks through its educational system to achieve two goals: the development of the basic reading, writing and other academic skills that any productive member of society must possess; and the inculcation of values deemed essential for a cohesive, harmonious and law-abiding society. Basically, through uniformity and standardization of the education experience the state attempts to guarantee that children will not become liabilities to society and that a minimal acceptance of shared values and norms will be …

Social Welfare--Effect Of Eligibility For Unemployment Compensation On A.F.D.C. Benefits, Vincent A. Collins

West Virginia Law Review

No abstract provided.

The Protection Of Aliens From Discrimination And World Public Order: Responsibility Of States Conjoined With Human Rights, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Program From The Twenty-First William W. Cook Lectures, University Of Michigan Law School

Cook Lecture Materials

The program from the twenty-first William W. Cook lectures, held March 29-31, 1976, at the University of Michigan. The lecture series was "Presidential Power Revisited: Reflections on Johnson and Nixon" by Richard E. Neustadt.

The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

National Health Planning And Resources Development Act Of 1974: Implications For The Poor, Ken Wing, A. G. Schneider

Faculty Articles

The National Health Planning and Resources Development Act of 1974, was signed into law on January 4, 1975, following a lengthy legislative struggle. During the past 11 months, the fighting among private and public health interests has continued, although the principal arena has shifted from the Congress to the Department of Health, Education and Welfare, which is charged with primary responsibility for implementing the law. While the final outcome of this political conflict is still difficult to foresee, some informed estimates can already be made concerning the implications of this legislation for the poor. This article will not summarize the …

Protecting America's Cultural And Historical Patrimony, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This Article suggests the procedures which the authors believe would effectively regulate the legal export of art works and be consistent with other foreign trade policies, while not unduly restricting free trade nor discouraging cultural exchange.

The Right To Religious Freedom And World Public Order: The Emerging Norms Of Nondiscrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Access To Justice: Comparative General Report, Bryant Garth, Mauro Cappelletti, Nicolo Trocker

Articles by Maurer Faculty

No abstract provided.

Book Review, Arthur R. Landever

Cleveland State Law Review

This review discusses two texts by Roberto Mangabeira Unger - Knowledge and Politics and Law in Modern Society: Toward a Criticism of Social Theory. In first of these writings the author attacks classical liberalism. He believes that liberalism often contradicts itself and falsely categorizes the goals of individuals as being focused on independence from society. The second of these texts uses historical and global content in order to better understand modern social theory and the ties that keep society going.

Mobilizing Private Law, Richard O. Lempert

Book Chapters

The mobilization of law may be thought of as the process by which legal norms are invoked to regulate behavior. In the area of private law, mobilization has two distinct aspects. The first is the process by which existing disputes become engaged in the legal system. In theory this means that disputes are transferred from an arena where their resolution and the enforcement of resolutions depends on the relative power of the parties as enhanced or constrained by non-governmental normative systems to an arena where disputes are resolved by reference to governmental (legal) norms and resolutions enforced by the power …

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