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Full-Text Articles in Law
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Michigan Law Review
Robert Cover once observed how "[n]o set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. For every constitution there is an epic, for each decalogue a scripture." Stories of origin locate law, invest it with legitimacy, and so lend it stability. As Cover went on to note, however, the narratives that legitimate a legal order also retain revolutionary force, for a return to the originating acts recounted in the narratives is always possible. A polity begun in revolution remains subject to revolution.
There is an American story of origins. It is …
Difference Made Legal: The Court And Dr. King, David Luban
Difference Made Legal: The Court And Dr. King, David Luban
Michigan Law Review
My aim in this essay is to contrast two legal retellings of the same event: a set of demonstrations sponsored by the Southern Christian Leadership Conference in Birmingham, Alabama in 1963 that led to the arrest and incarceration of Martin Luther King, Jr. One is the Supreme Court majority opinion in Walker v. City of Birmingham, sustaining King's conviction; the other, King's own defense of his actions in his Letter from Birmingham Jail I wish to show how the self-same event entails radically different legal consequences when it appears in different narratives, one the Supreme Court's official voice, the …
Law And Disputing In Commercializing Early America, Cornelia Dayton
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
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Michigan Law Review
A Review of A Living Tree: The Roots and Growth of Jewish Law by Elliot N. Dorff and Arthur Rosett
Trial By Ordeal, Robert C. Palmer
Trial By Ordeal, Robert C. Palmer
Michigan Law Review
A Review of Trial by Fire and Water: The Medieval Judicial Ordeal by Robert Bartlett
Privacy In A Public Society: Human Rights In Conflict, David Clark Esseks
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
Reimagining The Marshall Court, H. Jefferson Powell
Reimagining The Marshall Court, H. Jefferson Powell
Michigan Law Review
A Review of The Marshall Court and Cultural Change, 1815-1835 by G. Edward White
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Michigan Law Review
A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
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
On The "Auschwitz Lie", Herbert A. Strauss, Ernst Nolte, Helge Grabitz, Christian Meier
On The "Auschwitz Lie", Herbert A. Strauss, Ernst Nolte, Helge Grabitz, Christian Meier
Michigan Law Review
In the November 1986 issue of the Michigan Law Review, Professor Eric Stein addressed the then-recent German legislation prohibiting the "Auschwitz lie." The "Auschwitz lie" refers to contemporary attempts to deny the historical truth of the Holocaust.
In the time since his article was published, Professor Stein has corresponded with several European scholars on the issues raised by the 1985 legislation. That correspondence, though brief, highlights the contentious aspects of Professor Stein's analysis; it suggests that the issues of restricting "historical speech," promoting national consciousness, attributing collective guilt, and identifying the role of courts in punishing historical lies remain troublesome …