Law Commons^™

Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow

Reviews

We the People: Foundations is an ambitious book, the first of three volumes in which Professor Ackerman proposes to recast conventional understanding of and contemporary debate about American constitutional law. Unfortunately, the book's rhetoricinflated, self-important, and self-congratulatory-impedes the effort to come to terms with its argument. How, for example, does one respond to a book that opens by asking whether the reader will have "the strength" to accept its thesis? Or that announces the author's intention of "engaging" two of the most influential works of intellectual history of the past several decades-and then discusses one in two and one-half pages …

I Hear A Rhapsody: A Reading Of The Republic Of Choice, Donald J. Herzog

Reviews

Readers coming to another volume by Lawrence Friedman might well expect a tightly crafted legal history. But this book is quite different. It offers a sweeping account of the transformation of modern law, a synoptic overview of what is finally distinctive about our legal culture, even a broadbrushed portrait of Western individualism. It does so breathlessly, in prose style and velocity. It's sometimes an engaging read, sometimes a distressing one, but-and here's what really matters-never a persuasive one. Or, worse yet, when it is persuasive it's because of its poetic and ideological features, not any kind of rigorous analysis.

One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver

Scholarly Works

In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …

A Moderate Anti-Abortion View, Bruce Ledewitz

Ledewitz Papers

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

Passport Photos And Stays Of Execution, Bruce Ledewitz

Ledewitz Papers

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

An Interpretive History Of Modern Equal Protection, Michael Klarman

Michigan Law Review

My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, …

Introduction And Overview On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses, Stephen Mccaffrey

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

15 pages.

Contains footnotes.

Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz

Ledewitz Papers

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

Epa’S Organizational Structure, Alfred A. Marcus

Law and Contemporary Problems

The origins and early history of the EPA are reviewed. The US might have had better natural resource and environmental protection policies if some of the principles of comprehensive environmental management considered at EPA's founding had been followed.

Victims Of The Law, Bruce Ledewitz

Ledewitz Papers

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

A Historical Review Of Litigation In Baseball, Richard L. Irwin

Marquette Sports Law Review

No abstract provided.

Shame, Culture, And American Criminal Law, Toni M. Massaro

Michigan Law Review

The purpose of this Article is to analyze whether this link is one that American criminal court judges can, or should, exploit. I begin with a description of the new shaming sanctions and the possible justifications for this type of penalty. I then identify both psychological and anthropological aspects of the phenomenon of shame, or "losing face." I describe several cultures in which shaming practices are, or were, significant means of sanctioning behavior, and outline the shared features of these cultures.

These psychological and anthropological materials, taken together, suggest that shaming practices are most effective and meaningful when five conditions …

The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann

Michigan Law Review

A Review of The Law's Conscience: Equitable Constitutionalism in America by Peter Charles Hoffer

Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke

Michigan Law Review

A Review of Moral Foundations of Constitutional Thought: Current Problems, Augustinian Prospects by Graham Walker

Women And Law In Classical Greece, Craig Y. Allison

Michigan Law Review

A Review of Women in Law in Classical Greece by Raphael Sealey

From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham

Michigan Law Review

A Review of The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain by David Lieberman

Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan

Michigan Law Review

A Review of The Transformation of Criminal Justice: Philadelphia, 1800-1880 by Allen Steinberg

The American Indian In Western Legal Thought: The Discourses Of Conquest, Melissa L. Koehn

Michigan Law Review

A Review of The American Indian in Western Legal Thought: The Discourses of Conquest by Robert A. Williams, Jr.

Palestine And Israel: A Challenge To Justice, James E. Hopenfeld

Michigan Law Review

A Review of Palestine and Israel: A Challenge to Justice by John Quigley

From Homer To Hegel: Ideas Of Law And Culture In The West, John Witte Jr.

Michigan Law Review

A Review of The Human Measure: Social Thought in the Western Legal Tradition by Donald R. Kelley

Justice, Mercy, And Late Medieval Governance, Pat Mccune

Michigan Law Review

A Review of Kingship, Law, and Society: Criminal Justice in the Reign of Henry V by Edward Powell

Roman Law As A Political Agenda, Mathias Reimann

Michigan Law Review

A Review of The Legacy of Roman Law in the German Romantic Era by James Q. Whitman

The Civil Rights Hydra, Neal Devins

Michigan Law Review

A Review of The Civil Rights Era by Hugh Davis Graham

Our First Televised Genocide, Kenneth Lasson

All Faculty Scholarship

It is absolutely appalling that we have come so casually to observe the carnage, so passively to view the starvation over breakfast papers or dinnertime newscasts, so helplessly to watch these totally bereft human beings trudging barefoot over treacherous terrain toward the middle of nowhere.

There are other questions as well, of course, not as easily answered. Where are all their voices now, those demonstrators who so vociferously opposed war, ostensibly out of an overweening reverence for life? Is the latter-day holocaust being systematically perpetrated in northern Iraq any less horrifying than a direct hit on a camouflaged bomb shelter …

Supreme Court Civil Rights Litigation And Deja Vu , Constance Baker Motley

Cornell Law Review

No abstract provided.

Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain

Michigan Law Review

In this article, I argue that labor unions can be an effective, central tool in a feminist agenda targeting the gendered structure of wage labor. Collective action is the most powerful and expedient route to female empowerment; further, it is the only feasible means of transforming our deeply gendered market and family structure. Others have laid the groundwork by showing how existing individual-model challenges have been unable to accomplish such broad-based reform. I begin where they leave off.

One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz

Ledewitz Papers

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

Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz

Ledewitz Papers

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

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

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

Sources Of Injustice In Death Penalty Practice, Bruce Ledewitz

Ledewitz Papers

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