Law Commons^™

Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Meaning Of "Under Color Of" Law, Steven L. Winter

Michigan Law Review

The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to …

Why Family Values Faltered: Capitalism, Bruce Ledewitz

Ledewitz Papers

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

Trading Winds In Puerto Rico: The Dawn Of Self-Determination Shines On A Legal System, Antonio Fernós

William & Mary Bill of Rights Journal

No abstract provided.

The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman

Northern Illinois University Law Review

Professor Bosselman takes an historical look at the early development of zoning in Chicago and concludes that the nineteenth century view of land as simply another form of capital that could be rendered standardized and fungible through commodification led to the adoption of the LaSalle factors. The author notes the influence of the human ecology theory of urban growth on the development of the LaSalle Bank standards and calls both for a reexamination of the theoretical foundations for the standards and for recognition that a theory based upon nineteenth century life may not accommodate the ecological realities of modern life.

Zero-Sum Madison, Thomas W. Merrill

Michigan Law Review

A Review of Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky

Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian

Michigan Law Review

A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber

Medieval Iceland And Modern Legal Scholarship, Richard A. Posner

Michigan Law Review

A Review of Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland by William Ian Miller

The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp

Michigan Law Review

A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie

Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole

Michigan Law Review

A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker

Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde

Michigan Law Review

A Review of Black Hills/White Justice: The Sioux Nation Versus the United States by Edward Lazarus

The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren

Michigan Law Review

A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg

The Casey Conundrum, Bruce Ledewitz

Ledewitz Papers

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

Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell

Law and Contemporary Problems

The professional relationship between Congressman Robert Kastenmeier and law professor John Stedman is discussed. John Stedman was a positive influence on Kastenmeier's thinking on patent and copyright issues.

Grading The Performance Of A Legislator, Leo J. Raskind

Law and Contemporary Problems

The case is made that Rep Robert Kastenmeier should be honored as a distinguished public servant. His record reflects both a concern for the public interest and a sensitivity to the needs of special interest groups.

Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington

Law and Contemporary Problems

The legacy of Robert W. Kastenmeier, former Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Administration of Justice, is discussed. Kastenmeier deserves praise for his leadership on patent and copyright laws.

Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman

Michigan Law Review

This Note develops a simple set of principles useful for defining navigable waters in a contemporary context. Part I considers why federal admiralty jurisdiction exists, and traces the evolution of the phrase navigable waters as a term of art. Part II analyzes the conflicting contemporary definitions of navigable waters. Part III resolves the conflict by proposing guidelines that address the major concerns of all competing definitions. The system advocated is consistent with the goals of admiralty, constitutionally sound, easy to apply, and focuses attention on the nexus test to resolve the issue of whether particular cases "belong" in admiralty.

Harmelin V. Michigan: Effective Application Of Anti-Drug Legislation Or Cruel And Unusual Punishment?, Louise S. Mcalpin

Nova Law Review

The traditional American concept of criminal sentencing is that

prisons exist for rehabilitation and release as much as for incarceration.

1 However, in recent years Congress and state legislatures have

enacted a series of stringent anti-drug laws, which have largely abandoned

the concept of rehabilitating prisoners2 and instead, focused on

keeping inmates locked up for longer periods of time.'

The Western Public Lands: An Introduction, Sarah F. Bates, University Of Colorado Boulder. Western Lands Program, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

72 p. : ill., maps ; 28 cm

Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green

Reviews

Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents a lucid …

Homicide And History, Edward L. Ayers

History Faculty Publications

Violence seems more threatening today than in the relatively recent past. For centuries, crime was kept out of sight. The "criminal classes" were segregated from the rest of society. Newspapers, police, and courts paid relatively little attention to crimes among the poor. Today, things are different: television news thrives on scenes of flashing lights, distraught parents, and bloody sidewalks. Police continually patrol parts of town they used to ignore. Modern transportation permits members of the "dangerous classes" to range more widely than before. As a result, the general population is far more aware of violence now than in the past.

Perestroika African Style: One-Party Government And Human Rights In Tanzania, John Quigley

Michigan Journal of International Law

The one-party systems in Africa have drawn negative reactions from Western States that provide economic aid. The article assesses the one-party system in light of international human rights law and asks whether aid-giving States must consider whether one-party rule in recipient States violates international standards. In this connection, the article asks whether the rights of association and political freedom as developed in Europe can fairly be applied to Africa, given its historical experience.

An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill

Law Faculty Scholarship

No abstract provided.

Underwood Law Library Newsletter, Vol. 3, No. 2 – Spring 1992, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

Underwood Law Library Newsletter, Vol. 4, No. 1 – Fall 1992, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

One Law: The Role Of Legal Education In The Opening Of The Legal Profession Since 1776, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Teaching Law In The Antebellum Northwest, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment

Fordham Law Review

No provision of the United States Constitution has a more drawn-out, tortured history than the Twenty-seventh Amendment, which was ratified more than two centuries after Representative James Madison introduced it in the First Congress. In this Article; Professor Bernstein traces the Amendment's origins to the legislative political culture of the late eighteenth century, as influenced by the controversy over ratifying the Constitution. He then examines the perennial controversies over congressional compensation in American historiy elucidating how in the 1980s and 1990s public anger at Congress reached critical mass sufficient to propel the 1789 compensation amendment into the Constitution. Finally, this …

The Theme Of Early American Law Teaching: The Political Ethics Of Francis Lieber, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Marital Property Rights In Transition, Lawrence W. Waggoner

Articles

The subject of "marital property rights" is very timely because those rights are in a state of transition. The term "marital property rights" covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse. This lecture is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that high-powered estate planners get involved in very much because intestate estates are usually fairly small. …