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Articles 8101 - 8130 of 10045
Full-Text Articles in Law
To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review
To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review
Michigan Law Review
A Review of To Set the Law in Motion: The Freedmen's Bureau and the Legal Rights of Blacks, 1865-1868 by Donald G. Nieman
Truth And Interpretation In Legal History, G. Edward White
Truth And Interpretation In Legal History, G. Edward White
Michigan Law Review
The essay consists of four sections. Section I discusses the nature of historical explanation, devoting some attention to the roles of "truth," interpretation, and detachment in historical scholarship. Section II continues that discussion by exploring the meaning and the purpose of what I call "interpretive detachment" in the writing of history. Section III considers the theoretical assumptions of Marxist legal historians from the point of view developed in preceding sections. Section IV, taking into account some issues that remain problematic or troublesome, restates my approach.
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
A Tale Of Two Laws, Barbara A. Black
A Tale Of Two Laws, Barbara A. Black
Michigan Law Review
A Review of The Rise and Fall of Freedom of Contract by Patrick S. Atiyah
The Perils Of Writing An Intellectual History Of Torts, George C. Christie
The Perils Of Writing An Intellectual History Of Torts, George C. Christie
Michigan Law Review
A Review of Tort Law in America: An Intellectual History by G. Edward White
Social Research And The Use Of Medieval Criminal Records, Edward Powell
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
The Opinion Volume 21 Number 7 – February 19, 1981, The Opinion
The Opinion Volume 21 Number 7 – February 19, 1981, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 19, 1981
The Opinion Volume 21 Number 6 – February 5, 1981, The Opinion
The Opinion Volume 21 Number 6 – February 5, 1981, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 5, 1981
Commercial Transactions (1980 Annual Survey Of Michigan Law), John F. Dolan
Commercial Transactions (1980 Annual Survey Of Michigan Law), John F. Dolan
Law Faculty Research Publications
As they do each year, Michigan courts decided a number of commercial law cases during the survey period. Several of the cases are significant opinions which either raise questions or carry significant implications for Michigan's commercial lawyers. This survey selects those significant cases, attempts to answer the questions raised, and probes the implications of the decisions.
Lon Fuller And Substantive Natural Law, Anthony D'Amato
Lon Fuller And Substantive Natural Law, Anthony D'Amato
Faculty Working Papers
I will contend that Fuller's secular or "procedural" natural law, as described by Moffat, does not cover the theoretical position that could be occupied by a substantive natural lawyer, that such a theoretical position is viable today, and that there are some key elements in Fuller's theory that actually conflict with substantive natural law and might therefore be criticized from that perspective.
Villanova University School Of Law 1980 Joint Student Forum - Introduction, Various Editors
Villanova University School Of Law 1980 Joint Student Forum - Introduction, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Property As Government In Eighteenth-Century America: The Case Of New York City, Hendrik Hartog
Property As Government In Eighteenth-Century America: The Case Of New York City, Hendrik Hartog
Articles by Maurer Faculty
No abstract provided.
Executive Privelege: A Presidential Pillar Without Constitutional Support, Raoul Berger
Executive Privelege: A Presidential Pillar Without Constitutional Support, Raoul Berger
Villanova Law Review (1956 - )
No abstract provided.
The Role Of The Supreme Court In A Democratic Society, Raoul Berger
The Role Of The Supreme Court In A Democratic Society, Raoul Berger
Villanova Law Review (1956 - )
No abstract provided.
Paul Brest's Brief For An Imperial Judiciary, Raoul Berger
Paul Brest's Brief For An Imperial Judiciary, Raoul Berger
Maryland Law Review
No abstract provided.
The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley
The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley
Scholarly Works
In order to understand the perceptions of extradition’s function and purpose in modern France and the United States, it is important to consider the evolution of thought regarding extradition. This article will focus on the history of extradition law as it has influenced contemporary law in the United States and France. The purpose of the article is to provide insight into the development of the “modern” extradition. Although the process has not always been executed by use of a treaty agreement, treaty authorized extraditions have existed since antiquity. Moreover, a treaty authorized extradition for common crimes, as opposed to political …
Canadian Merger Policy And Its International Implications, Eric K. Gressman
Canadian Merger Policy And Its International Implications, Eric K. Gressman
Michigan Journal of International Law
The implications of Canadian merger policy are of deep concern to U.S. and other foreign investors who have invested or are considering investing in Canada. U.S. interests own 60 percent of Canada's manufacturing industry. In 1978, approximately 250 mergers in Canada involved a foreign-owned or foreign-controlled buyer (usually U.S.). Therefore, it is not surprising that Canada's merger policy is no less important to the decisions of foreign investors in Canada than the Justice Department's policies are to domestic investors in the United States. At the same time, the Canadian government and public are concerned with their merger policy as a …
Final Draft Of The Model Rules Of Professional Conduct, American Bar Association
Final Draft Of The Model Rules Of Professional Conduct, American Bar Association
American Bar Association Historical Documents on Ethics
This pullout supplement to the October, 1981 issue of the American Bar Association Journal contains the final draft of the Model Rules of Professional Conduct as prepared and published by the American Bar Association Commission on Evaluation of Professional Standards on May 30, 1981. Because of space limitations, “Legal Background” notes, certain tables, and the index that appear in the Commission's publication have been omitted from this supplement. The Commission also has issued the Model Rules in an alternative draft in the format of the Model Code of Professional Responsibility.
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
Articles, Book Chapters, & Popular Press
In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …
The Role Of Law, Theodore J. St. Antoine
The Role Of Law, Theodore J. St. Antoine
Book Chapters
In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …
The Distrust Of Politics, Terrance Sandalow
The Distrust Of Politics, Terrance Sandalow
Articles
In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …
Pragmatic Instrumentalism In Twentieth Century American Legal Thought—A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers
Pragmatic Instrumentalism In Twentieth Century American Legal Thought—A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
The Basic Principles Of Natural Law: A Reply To Ralph Mcinerny, John M. Finnis, Germain Grisez
The Basic Principles Of Natural Law: A Reply To Ralph Mcinerny, John M. Finnis, Germain Grisez
Journal Articles
In the preceding volume of this journal, Prof. Mclnerny criticized certain theoretical positions of Finnis and Grisez as well as their interpretation of St. Thomas. In the present article Finnis and Grisez reply that Mclnerny's criticisms lack cogency, because he has misunderstood their theories, judged their exegesis by his own different interpretation assumed gratuitously to be correct, and mixed philosophical and historical criticism in a way which helps to clarify neither the problems of ethical theory nor those of Thomistic exegesis.
‘Economists’ Reasons' For Common Law Decisions - A Preliminary Inquiry, Robert S. Summers, Leigh B. Kelley
‘Economists’ Reasons' For Common Law Decisions - A Preliminary Inquiry, Robert S. Summers, Leigh B. Kelley
Cornell Law Faculty Publications
No abstract provided.
The Problem Of Unjust Laws, Charles E. Rice
The Problem Of Unjust Laws, Charles E. Rice
Journal Articles
John Finnis has contributed most significantly to our understanding of how "practical reasonableness"' has affected creation and evaluation of human law. The main objective of a theory of natural law is to show how sound laws are to be derived from principles based on reason. It is true, as Finnis points out, that "the affirmation that 'unjust laws are not law' . . is [generally] a subordinate theorem" of natural law theory. Nevertheless, the experience of the past half century requires that we examine seriously, as Finnis has, the moral obligation of the unjust law.
Emergency Power And The Hero Of New Orleans, Abraham D. Sofaer
Emergency Power And The Hero Of New Orleans, Abraham D. Sofaer
Cardozo Law Review
No abstract provided.
The Perils Of Writing An Intellectual History Of Torts, George C. Christie
The Perils Of Writing An Intellectual History Of Torts, George C. Christie
Faculty Scholarship
No abstract provided.
Review On Commentaries On The Laws Of England: A Facsimile Of The First Edition Of 1765-1769, William Hamilton Bryson
Review On Commentaries On The Laws Of England: A Facsimile Of The First Edition Of 1765-1769, William Hamilton Bryson
Law Faculty Publications
A book review on, Commentaries on the Laws of England: A Facsimile of the First Edition of 1765-1769, by W. Blackstone.
Discovery Of Penalites, William Hamilton Bryson
Discovery Of Penalites, William Hamilton Bryson
Law Faculty Publications
The purpose of this essay is to discuss some aspects of the scope of the privilege against self-incrimination. It will consider first what can not be and then what can be discovered by the common law of England before 1776, when the first republican constitution of Virginia was promulgated. Finally, the developments in Virginia and federal practice will be dealt with.