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Articles 1 - 19 of 19
Full-Text Articles in Law
History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein
History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein
Michigan Law Review
An American observer would expect the central issue in the public debate to be the conflict between the constitutionally protected values of individual freedom of expression on the one hand and public security and personal honor on the other. This, however, has not been the case. To the contrary, the constitutional issue has played a marginal role in the legislative process, and it has been resolved by the courts with obvious ease in favor of the constitutionality of the previous legislation on the same general subject. There is every reason to believe that the new law will also be upheld, …
Tribal Court Jurisdiction Over Civil Disputes Involving Non-Indians: An Assessment Of National Farmers Union Insurance Cos. V. Crow Tribe Of Indians And A Proposal For Reform, Allison M. Dussias
Tribal Court Jurisdiction Over Civil Disputes Involving Non-Indians: An Assessment Of National Farmers Union Insurance Cos. V. Crow Tribe Of Indians And A Proposal For Reform, Allison M. Dussias
University of Michigan Journal of Law Reform
This Note examines the issue of tribal court jurisdiction over cases in which both Indians and non-Indians are parties and discusses the Supreme Court's most recent statement on the issue. In National Farmers Union Insurance Cos. v. Crow Tribe of Indians, an Indian minor brought a personal injury action in Crow Tribal Court against a Montana school district operating a school on state-owned land within the Crow Reservation. The Supreme Court concluded that the tribal court itself should first determine whether it has the power to exercise civil subject-matter jurisdiction over non-Indian property owners in a tort case. Defendants …
The History Of The Georgia Bill Of Rights, Robert N. Katz
The History Of The Georgia Bill Of Rights, Robert N. Katz
Georgia State University Law Review
No abstract provided.
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
An Aristocracy Of Voters: The Disfranchisement Of Blacks In South Carolina, Laughlin Mcdonald
An Aristocracy Of Voters: The Disfranchisement Of Blacks In South Carolina, Laughlin Mcdonald
South Carolina Law Review
No abstract provided.
Environmental Litigation In Historical Perspective, Samuel P. Hays
Environmental Litigation In Historical Perspective, Samuel P. Hays
University of Michigan Journal of Law Reform
During the past several decades, litigation has played a major role in the attempt by citizens to realize environmental objectives. Its impact has been elaborated extensively in the vast array of writing in law journals as well as in the cases themselves. Most analyses have focused on specialized subjects of either substantive policy or legal procedure. In this brief Essay I attempt a more comprehensive overview involving two background factors- the growth of environmental values since World War II and the response of governmental institutions to the resulting demands placed upon them. Among these institutions were the courts. Their role …
Law, Legalism, And Community Before The American Revolution, Bruce H. Mann
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 …
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
Michigan Law Review
This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …
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
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.
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
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
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
The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel
The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel
Michigan Law Review
A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart
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
When Justice Fails, Stephan Landsman
When Justice Fails, Stephan Landsman
Michigan Law Review
A Review of The Haymarket Tragedy by Paul Avrich
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
Book Review: The Constitution In The Supreme Court: The First Hundred Years 1789-1888. By David P. Currie, Chicago Il: University Of Chicago Press, 1985. Pp. Xii, 504. $40.00, Johnny C. Burris
Nova Law Review
The Constitution of the United States is not a mere lawyers' document: it is a vehicle of life, and its spirit is always the spirit of the age
The Armed Citizen In The Early Republic, Robert E. Shalhope
The Armed Citizen In The Early Republic, Robert E. Shalhope
Law and Contemporary Problems
No abstract provided.