Law Commons^™

A History Of Health Care For The Indigent In St. Louis: 1904–2001, Daniel R. Berg, M.D.

Saint Louis University Law Journal

No abstract provided.

The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky

Michigan Telecommunications & Technology Law Review

I argue that a person's privacy interest in his email is the same as his privacy interest in a telephone conversation. Moreover, the privacy interest in email remains unchanged regardless of whether it is intercepted in transmission or covertly accessed from the recipient's mailbox. If one accepts this assumption, it follows that the level of protection against surveillance by law enforcement officers should be the same[...] As technology continues to blur the distinction between wire and electronic communication, it becomes apparent that a new methodology must be developed in order to provide logical and consistent protection to private communications. The …

Race, Class, And The Regulation Of The Legal Profession In The Progressive Era: The Case Of The 1908 Canons, Alfred L. Brophy

Cornell Journal of Law and Public Policy

No abstract provided.

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan D. Carle

Cornell Journal of Law and Public Policy

No abstract provided.

Justice Jackson’S Lament: Historical And Comparative Perspectives On The Availability Of Legislative History, Richard A. Danner

Duke Journal of Comparative & International Law

No abstract provided.

From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt

Law and Contemporary Problems

Harcourt discusses three developments in 20th century criminal law: the evolution of parole board decision-making in the early 20th century, the development of fixed sentencing guidelines in the late 20th century, and the growth of criminal profiling as a formal law enforcement tool since the 1960s. In each of these case studies, he focuses on the criminal law decision-making.

Judicial Epochs In Supreme Court History: Sifting Through The Fossil Record For Stitches In Time And Switches In Nine, Jim Chen

Saint Louis University Law Journal

No abstract provided.

Review Of "Law In America: A Short History," By Lawrence M. Friedman, Andrew M. Mierins

The University of New Hampshire Law Review

[Excerpt] "Lawrence M. Friedman’s Law in America: A Short History is a fascinating survey of the history of the American legal system. The book is written for both the legal professional and those interested in American legal history. Professor Friedman best summed up the book’s tenor by saying “we cannot understand American law without understanding American legal culture.” He then proceeds to explain the legal culture during three periods in our nation’s history and how the legal system was shaped by those times."

Global Government Networks, Global Information Agencies, And Disaggregated Democracy, Anne-Marie Slaughter

Michigan Journal of International Law

This essay seeks to broaden our understanding of government networks by placing them in more historical context and by elaborating different types of government networks within and without traditional international institutions. After a brief overview of the literature on transgovernmentalism since the 1970s in Part I, Part H sets forth a typology of three different categories of government networks. Part III then seeks to pinpoint the specific accountability concerns associated with each type. Part IV offers one approach to answering some current accountability concerns by adapting the concept of "information agencies" from the European Union to the global level. This …

Marriage Law: Obsolete Or Cutting Edge?, Michigan Journal Of Gender & Law

Michigan Journal of Gender & Law

Over the past hundred years, social and cultural expectations surrounding various forms of committed relationships have changed dramatically, and contemporary legal systems have struggled to adapt. The result has been an extraordinary opportunity to test fundamental assumptions about law, about the cultural understandings that are enforced through state power, and about the mechanisms that drive law's evolution. The Michigan Journal of Gender & Law has drawn together an exceptional group of panelists who will discuss these questions throughout the day.

Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe

Michigan Journal of Race and Law

Part I of this article, on the historiography of South Carolina Reconstruction, explains the difficulty scholars have had in uncovering the documentary history of Reconstruction, and outlines the development of historical interpretations of Reconstruction from the Nineteenth century Redeemer-era accounts to the revisionists of the 1970's. Part II provides brief biographies of both Justice Wright and William James Whipper. Parts III and IV track the different approaches of Whipper and Wright on two vital issues of their day: (1) whether to repudiate all private debts relating to slavery; and (2) how to construct a homestead law to protect cash-poor landowners. …

Abandoning The Pia Standard: A Comment On Gila V, Galen Lemei

Michigan Journal of Race and Law

Part I of this Note examines the development of Indian reserved water rights, and the practicably irrigable acreage method of quantifying those rights, as defined by the Court. Part II describes the arguments of state and private interests that oppose broad Indian water rights. Part III discusses Gila V, including the Arizona Supreme Court's rationale for abandoning the standard set forth by the U.S. Supreme Court and the standard for quantifying Indian reserved rights that the court applied in its place. Part IV analyzes the Arizona Supreme Court's justifications for abandoning the standard, and considers alternate grounds for the …

Fighting Fire With Fire: A Refllection On The Ethics Of Clarence Darrow, Gerald F. Uelmen

Fordham Law Review

No abstract provided.

A View Of The Legal Profession From A Mid-Twelfth-Century Monastery, Amelia J. Uelmen

Fordham Law Review

No abstract provided.

Questioning The Universality Of Human Rights, Paul J. Magnarella

Human Rights & Human Welfare

A review of:

Universal Human Rights? edited by Robert G. Patman. New York: St. Martin’s Press, 2000. 244pp.

and

Dealing with Human Rights: Asian and Western Views on the Value of Human Rights edited by Martha Meijer. Bloomfield, CT: Kumarian Press, 2001. 183pp.

and

The Philosophy of Human Rights by Patrick Hayden. St. Paul: Paragon House, 2001. 686pp.

Land And Liberation: Lessons For The Creation Of Effective Land Reform Policy In South Africa, Hasani Claxton

Michigan Journal of Race and Law

Based upon the premise that land reform is essential to creating socio-economic equality, easing racial tensions and stemming the tide of violence in South Africa, this note will provide suggestions for effective land reform policy. To accomplish this, this Note will examine the paths taken by several other transitional African governments in land reform policy. It will attempt to extract practical lessons from their experiences and apply them towards the development of effective land redistribution policy in South Africa. Part I of this note will provide a historical overview of colonialism and land law in Africa. Part II will examine …