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Articles 1381 - 1410 of 2072

Full-Text Articles in Law

False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood Oct 1993

False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood

Law Faculty Scholarly Articles

From Cain to Potiphar's Wife to the pig and chicken laws of the Lex Salica of Clovis I, Professor Underwood examines the role of the false witness throughout history. Take a voyage extraordinaire and encounter some of history's most notorious perjurers.

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Congress, The Fcc, And The Search For The Public Trustee, Neal Devins Oct 1993

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Law and Contemporary Problems

The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.

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Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand Oct 1993

Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand

University of Michigan Journal of Law Reform

Part I of this Note examines Grégoire's liberty-based theory of preservation and discusses the three rationales that underlie his theory. Part II examines the development of preservation law in the United States, following it through three stages: patriotic inspiration, aesthetic merit, and community. Part III examines Italy's experience with preservation in order to identify and discuss several problems inherent in preservation law. Part IV suggests preservation rationales for courts and legislators to consider and identifies problems for them to avoid.

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Lords Of Lash Loom And Law*: Justice Story Slavery And Prigg V. Pennsylvania, Barbara Holden-Smith Sep 1993

Lords Of Lash Loom And Law*: Justice Story Slavery And Prigg V. Pennsylvania, Barbara Holden-Smith

Cornell Law Review

No abstract provided.

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“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell Jul 1993

“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell

Law and Contemporary Problems

The "chancellor's foot" is a term coined by English legal scholar John Selden for the argument that equity is an unjustified and unfortunate interference in the regular course of the rule of law. This issue is examined by focusing on a particular doctrine of equity, the constructive trust, and on a seminal figure in the development of the modern US understanding of constructive trusts, Benjamin Cardozo.

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Navajo Nation’S Department Of Water Resources Management, Teresa M. Showa Jun 1993

Navajo Nation’S Department Of Water Resources Management, Teresa M. Showa

Water Organizations in a Changing West (Summer Conference, June 14-16)

13 pages (includes illustrations and 1 map).

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Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz May 1993

Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman May 1993

Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman

Michigan Law Review

A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.

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Repossession: Of History, Poverty, And Dissent, Martha Minow May 1993

Repossession: Of History, Poverty, And Dissent, Martha Minow

Michigan Law Review

A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones

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"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush May 1993

"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush

Michigan Law Review

A Review of The Invention of Free Labor: The Employment Relation in English and American Law and Culture, 1350-1870 by Robert J. Steinfeld

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Know The Law: A History Of Legal Specialization, Michael S. Ariens May 1993

Know The Law: A History Of Legal Specialization, Michael S. Ariens

South Carolina Law Review

No abstract provided.

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The Fourth Amendment: History And Development Of The Reasonable Search, Bradley L. Tilt May 1993

The Fourth Amendment: History And Development Of The Reasonable Search, Bradley L. Tilt

Undergraduate Honors Capstone Projects

The existence of the search and seizure restrictions encoded in the Fourth Amendment to the United States Constitution is the result of a two part historical development that took place simultaneously in England and the American colonies. Severe legislative restrictions on the press were largely responsible for the developments in England, while in the colonies it was British tax and trade regulations that spawned the changes. On both sides of the Atlantic, however, the primary catalyst was the government's use of general searches in the enforcement of those laws. It was the continued abuse of general searches despite the public's …

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A Tale Of Two Rivers, Carol M. Rose May 1993

A Tale Of Two Rivers, Carol M. Rose

Michigan Law Review

A Review of The Green Cathedral: Sustainable Development of Amazonia by Juan de Onis and Nature Incorporated: Industrialization and the Waters of New England by Theodore Steinberg

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Transforming History In The Postmodern Era, G. Edward White May 1993

Transforming History In The Postmodern Era, G. Edward White

Michigan Law Review

A Review of The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy by Morton J. Horwitz

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Remember The Alamo[Ny]! The Unique Texas Ban On Permanent Alimony And The Development Of Community Property Law, James W. Paulsen Apr 1993

Remember The Alamo[Ny]! The Unique Texas Ban On Permanent Alimony And The Development Of Community Property Law, James W. Paulsen

Law and Contemporary Problems

No abstract provided.

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Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight Apr 1993

Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight

Law and Contemporary Problems

A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.

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Mishandling The Current Crisis, Bruce Ledewitz Jan 1993

Mishandling The Current Crisis, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz Jan 1993

The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz Jan 1993

Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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No Punishment Without Cruelty, Bruce Ledewitz Jan 1993

No Punishment Without Cruelty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz Jan 1993

Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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Interest, Principle, And Beyond: American Understandings Of Conflict, Don Herzog Jan 1993

Interest, Principle, And Beyond: American Understandings Of Conflict, Don Herzog

Book Chapters

To understand U.S. foreign policy, we need to understand the concepts and categories that Americans bring to bear. After all, we see the world through our concepts and categories. They identify what's possible, what's desirable, indeed what's visible in the first place. There is simply no possibility of junking all our concepts, stepping outside them, and gaining an unmediated grasp of the world. Here, I offer a sketch of American understandings of conflict. Understandings, not understanding: even in the realm of foreign policy, Americans have long brought intriguingly different categories to bear, categories whose richness isn't captured by some standard …

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Presidential Systems In Stress: Emergency Powers In Argentina And The United States, William C. Banks, Alejandro D. Carrió Jan 1993

Presidential Systems In Stress: Emergency Powers In Argentina And The United States, William C. Banks, Alejandro D. Carrió

Michigan Journal of International Law

This article offers three comparative insights. First, it concludes that comparative inquiries into presidential systems may be useful for those interested in constitutional government, regardless of historical, cultural, or other contextual differences among nations. Thus, nations with presidentialist constitutional systems may have common problems because of the institutional presidency. The article maintains that our presidential systems are in such states of disrepair that a fundamental reinvigoration of the legislative and judicial branches is required, so that government may better serve important constitutional values in our nations.

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Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny Jan 1993

Cause For Cautious Celebration: Hungarian Post-Communist Environmental Reform, Karen S. Libertiny

Michigan Journal of International Law

In October 1989, the Hungarian Communist regime collapsed and was replaced by a democratic government. This new government was confronted with a visible and grave concern: environmental degradation. In just three years, the new Hungarian government, sometimes of its own impetus, sometimes at the prodding of environmentalists and foreign governments, has taken tremendous steps toward establishing palpable environmental legislation. More importantly, it has created an administrative and information-gathering infrastructure capable of sustaining a cohesive system of environmental protection initiatives. Although the path to further progress is littered with obstacles, this East European country has proven itself a worthy warrior in …

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Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr. Jan 1993

Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.

Michigan Journal of International Law

This article will examine the German legal system's experience with fashioning remedies for the "close corporation problem" and the underlying concepts that have shaped these remedies. Part I will trace the growth of the doctrines of withdrawal and expulsion in the context of Germany's troubled history. Part II will compare German and U.S. approaches on both practical and conceptual levels. On one level, the focus of the article is narrow. It deals with specific, technical solutions to only the most extreme examples of the close corporation problem. Such cases are not frequently litigated. Their doctrines do, however, constitute default rules …

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Remembering Jefferson, Paul D. Carrington Jan 1993

Remembering Jefferson, Paul D. Carrington

Faculty Scholarship

No abstract provided.

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Underwood Law Library Newsletter, Vol. 5, No. 1 – Fall 1993, Southern Methodist University, Dedman School Of Law, Underwood Law Library Jan 1993

Underwood Law Library Newsletter, Vol. 5, No. 1 – Fall 1993, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

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Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow Jan 1993

Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow

Articles

Professor Sager begins his very interesting paper by identifying what he considers a puzzling phenomenon: the Constitution, as interpreted by courts, is not coextensive with "political justice." "This moral shortfall," as he refers to it, represents not merely a failure of achievement, but a failure of aspiration: as customarily interpreted, the Constitution does not even address the full range of issues that are the subject of political justice. Sager regards that failure as surprising-so surprising that, in his words, it "begs for explanation."'

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The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross Jan 1993

The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross

Articles

On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …

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Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson Jan 1993

Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson

Publications

No abstract provided.

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