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Articles 601 - 630 of 956
Full-Text Articles in Law
Looseleafing The Flow: An Anecdotal History Of One Technology For Updating, Howard T. Senzel
Looseleafing The Flow: An Anecdotal History Of One Technology For Updating, Howard T. Senzel
Faculty Publications
This work will show that there is a great gulf between the culture of lawmakers and the culture of those who comply. Lawmakers - legislators, administrators, and especially judges - function by producing primary authorities in law. The texts of these authorities are the law itself. Because they were created in the course of deciding actual cases - cases which produced insights to a truth of lasting value, these texts have an authority equal to all the other insights produced down through the ages. The excitement that accompanies such insights tends to blind lawmakers to the chore of compliance. Those …
The Voices In The Making And Unmaking Of History: Arnold Bennett, Marie Corelli, And Single Women In Late Victorian England, Sharon Crozier
The Voices In The Making And Unmaking Of History: Arnold Bennett, Marie Corelli, And Single Women In Late Victorian England, Sharon Crozier
Faculty of Law, Humanities and the Arts - Papers (Archive)
Historians are continually constructing and reconstructing, making and remaking history. Present-day preoccupations offer the historian new questions to ask and new directions to take and such an opening up of relatively unexplored areas of study has also led to the search for, and finding of, new sources to analyse. This is especially so in the branches of social history referred to as 'the history of mentalities' and 'cultural history'.
Banking Regulation: Its History And Future, Jerry W. Markham
Banking Regulation: Its History And Future, Jerry W. Markham
Faculty Publications
This article traces the history of the growth and regulation of banking services in the United States. That history will show how the existing regulatory structure was developed in response to demands of the Civil War and a populist crusade against the “money trust.” That effort reached its zenith with the New Deal legislation of the 1930s, but began to fall apart as financial services consolidated. The article will then show how the financial services industries (banking, insurance, securities and derivatives) began to merge in their product base while at the same time separating on a fault line between institutional …
Cardozo The [Small R] Realist, Richard D. Friedman
Cardozo The [Small R] Realist, Richard D. Friedman
Reviews
In Part I of this Review, I will discuss aspects of Cardozo's life and character. In Part II, I will discuss Cardozo's jurisprudential theory as revealed in his lectures and essays. In Part IlI, I will suggest how we gain a better perspective on his judicial opinions by understanding not only that theory but also the man and his life.
Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington
Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Articles
It is my view, and here, no doubt, I am pre-empting my conclusion, that what literary and feminist historicism recognizes as the querelle des femmes, the debate as to the status and political role of women, is in fact underpinned and motivated by a much less explicit, yet nonetheless portentous, querelle des lois. The querelle des femmes, in other words, was always a polemic as to the legal status of women, as to their definition and role in theology and jurisprudence, canon and civil law. More than that, however, what the recovery of amatory jurisprudence can help to show is …
Land Use, Science, And Spirituality: The Search For A True And Lasting Relationship With The Land, Charles Wilkinson
Land Use, Science, And Spirituality: The Search For A True And Lasting Relationship With The Land, Charles Wilkinson
Publications
No abstract provided.
Linking The Visions, Thomas A. Green
Linking The Visions, Thomas A. Green
Other Publications
Professor Thomas Green talks about his teaching and work.
In Praise Of Thermostats, John W. Reed
In Praise Of Thermostats, John W. Reed
Other Publications
Fifty years ago, a famous book was published that chronicled the sea change then occurring in society. David Reisman's The Lonely Crowdl made us aware of the decline of concern for the common good and the rise of the search for individual meaning. What was going on at that time was one of the most profound cultural changes that has ever taken place in such a short time. It was not just the beginning of the Me Generation but, it turned out, the beginning of the Me Culture, which continues to this day.
"Can (Did) Congress 'Overrule' Miranda?, Yale Kamisar
"Can (Did) Congress 'Overrule' Miranda?, Yale Kamisar
Articles
I think the great majority of judges, lawyers, and law professors would have concurred in Judge Friendly's remarks when he made them thirty-three years ago. To put it another way, I believe few would have had much confidence in the constitutionality of an anti-Miranda provision, usually known as § 3501 because of its designation under Title 18 of the United States Code, a provision of Title II of the Omnibus Crime Control and Safe Streets Act of 1968 (hereinafter referred to as the Crime Act or the Crime Bill), when that legislation was signed by the president on June 19, …
The Usury Trompe L'Oeil, James J. White
The Usury Trompe L'Oeil, James J. White
Articles
This Article demonstrates how the interaction of a federal statute passed in 1864,1 a case decided by the Supreme Court in 1978,2 and modem technology has legally debarred every state legislature from controlling consumer interest rates in its state-but not from passing laws that appear to do so-and has politically debarred the Congress from setting federal rates to replace the state rates. As a consequence, the elaborate usury laws on the books of most states are only a trompe l'oeil, a "visual deception... rendered in extremely fine detail ... ." The presence of these finely detailed laws gives the illusion …
The Suggestibility Of Children: Scientific Research And Legal Implications, Stephen J. Ceci, Richard D. Friedman
The Suggestibility Of Children: Scientific Research And Legal Implications, Stephen J. Ceci, Richard D. Friedman
Articles
In this Article, Professors Ceci and Friedman analyze psychological studies on children's suggestibility and find a broad consensus that young children are suggestible to a significant degree. Studies confirm that interviewers commonly use suggestive interviewing techniques that exacerbate this suggestibility, creating a significant risk in some forensic contexts-notably but not exclusively those of suspected child abuse-that children will make false assertions of fact. Professors Ceci and Friedman address the implications of this difficulty for the legal system and respond to Professor Lyon's criticism of this view recently articulated in the Cornell Law Review. Using Bayesian probability theory, Professors Ceci and …
A Peculiar People: The Mystical And Pragmatic Appeal Of Mormonism, Kenneth Anderson
A Peculiar People: The Mystical And Pragmatic Appeal Of Mormonism, Kenneth Anderson
Book Reviews
This 1999 Los Angeles Times Book Review essay examines Richard and Joan Ostling's account of contemporary Mormonism in the United States. Richard Ostling, a reporter for Time Magazine, obtained extensive access to Mormon Church officials in the course of researching the book, and it gives the fullest account available currently of Mormon life in America. The review finds the book to be very evenhanded and objective, and perhaps the best introduction to the Mormon faith extant today, whether by Mormon church members or non-members.
Salt History & Timeline, Joyce Saltalamachia
Salt History & Timeline, Joyce Saltalamachia
Founding of SALT
In 1999, Joyce Saltalamachia sends a memo to the SALT History "Explore" Group. The memo includes a brief history of the founding of SALT and time-lines of significant SALT activities from beginning through 1991.
The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark
The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Review Of The Repeal Of Reticence: A History Of America's Cultural And Legal Struggles Over Free Speech, Obscenity, Sexual Liberation, And Modern Art, Donald J. Herzog
Review Of The Repeal Of Reticence: A History Of America's Cultural And Legal Struggles Over Free Speech, Obscenity, Sexual Liberation, And Modern Art, Donald J. Herzog
Reviews
Our public sphere, which should have displayed and preserved the grandeur and beauty of our civic ideals and moral excellences, is instead inane and vacuous when it is not utterly mean, ugly, or indecent (p. 4). Troubled by the tawdry nonsense circulating in the public sphere-and she wrote before learned enquiries into whether the President's genitals had any distinguishing characteristics- Rochelle Gurstein turns to history to understand how we arrived at such a sorry destination. Hers is a tale of decline: The Victorians "we moderns" so routinelyd eridef or theirP uritanicalr epressivenessu nderstoodf ull well that certain things have to …
Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger
Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger
Reviews
In 1955, in its second decision in Brown v. Board of Education, the Supreme Court suggested that federal courts might be called upon to engage in long-term oversight of once-segregated schools. Through the 1960s, southern resistance pushed federal district and appellate judges to turn that possibility into a reality. The impact of this saga on litigation practice extended beyond school desegregation, and even beyond the struggle for African-American equality; through implementation of Brown, the nation’s litigants, lawyers, and judges grew accustomed both to issuance of permanent injunctions against state and local public institutions, and to extended court oversight of compliance. …
Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle
Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Review: Murphy's Law, Arthur Jacobson
The Boundaries Of Private Property, Michael A. Heller
The Boundaries Of Private Property, Michael A. Heller
Articles
If your house and fields are worth more separately, divide them; if you want to leave a ring to your child now and grandchild later, split the ownership in a trust. The American law of property encourages owners to subdivide resources freely. Hidden within the law, however, is a boundary principle that limits the right to subdivide private property into wasteful fragments. While people often create wealth when they break up and recombine property in novel ways, owners may make mistakes, or their self-interest may clash with social welfare. Property law responds with diverse doctrines that prevent and abolish excessive …
Taking Decisions Seriously, Richard D. Friedman
Taking Decisions Seriously, Richard D. Friedman
Reviews
The New Deal era is one of the great turning points of American constitutional history. The receptivity of the Supreme Court to regulation by state and federal governments increased dra- matically during that period. The constitutionalism that prevailed before Charles Evans Hughes became Chief Justice in 1930 was similar in most respects to that of the beginning of the twen- tieth century. The constitutionalism that prevailed by the time Hughes’ successor Harlan Fiske Stone died in 1946 is far more related to that of the end of the century. How this transformation occurred is a crucial and enduring issue in …
In Defense Of Revenge, William I. Miller
In Defense Of Revenge, William I. Miller
Book Chapters
One of the risks of studying the Icelandic sagas and loving them, is, precisely, loving them. And what is one loving when one loves them? The wit, the entertainment provided by perfectly told tales? And just how are these entertaining tales and this wit separable from their substance: honor, revenge, individual assertion, and yes, some softer values, too, like peacefulness and prudence? Yet one suspects, and quite rightly, that the softer values are secondary and utterly dependent on being responsive to the problems engendered by the rougher values of honor and vengeance. Is it possible to study the sagas and …
A Primer On Mdps: Should The No Rule Become A New Rule, Laurel Terry
A Primer On Mdps: Should The No Rule Become A New Rule, Laurel Terry
Faculty Scholarly Works
This article is the second of four major articles or book chapters that I have written about MDPs. "MDPs" refers to multidisciplinary partnerships or multidisciplinary practices between lawyers and nonlawyers. Prior to 1998, virtually all U.S. states had lawyer discipline rules that prohibited a lawyer from sharing legal fees with a nonlawyer or practicing law in partnership with a nonlawyer. In 1998, however, the American Bar Association created a Commission on Multidisciplinary Practice to reconsider these rules. One impetus for the creation of this Commission was the increasingly large numbers of lawyers who were working for the Big 5 Accounting …
Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro
Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro
Articles
The following article is an edited version of the amicus curiae brief filed with the Supreme Court of the United States in the October Term, 1998, in the case of Benjamin Lee Lilly v. Commonwealth of Virginia (No. 98-5881). "This case raises important questions about the meaning of the confrontation clause, which has been a vital ingredient of the fair trial right for hundreds of years," Professor Richard Friedman and his co-authors say. "In particular, this case presents the Court with an opportunity to reconsider the relationship between the confrontation clause and the law of hearsay." On June 10 the …
The Cutting Edge Of Poster Law, Michael A. Heller
The Cutting Edge Of Poster Law, Michael A. Heller
Articles
Students place tens of thousands of posters around law schools each year in staircases, on walls, and on bulletin boards. Rarely, however, do formal disputes about postering arise. Students know how far to go-and go no farther despite numerous avenues for postering deviance: blizzarding, megasigns, commercial or scurrilous signs. What is the history of poster law? What are its norms and rules, privileges and procedures? Is poster law effident? Is it just?
When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz
When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz
Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Imperfect Death Penalty Not Acceptable, Bruce Ledewitz
Imperfect Death Penalty Not Acceptable, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Constitutionalizing Kwik-E-Mart, Bruce Ledewitz
Constitutionalizing Kwik-E-Mart, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Advanced Legal Studies, University Of Michigan Law School
Advanced Legal Studies, University Of Michigan Law School
Miscellaneous Law School History & Publications
The Law School is part of the University of Michigan, among the world's premier research and teaching universities. The University is renowned for its top-ranked graduate programs in the social sciences and humanities; its schools of law, engineering, business, medicine and music; and its specialized research institutes and centers of study. Law students are able to take advantage of the rich intellectual life and the tremendous resources such as libraries, cultural and recreational facilities, and curricular offerings in other fields, made possible by the larger university environment.