Law Commons^™

Legal Positivism Of John Austin And The Realist Movement In American Jurisprudence, Wilfrid E. Rumble

Cornell Law Review

No abstract provided.

Political Frontier Of Jurisprudence: John Chipman Gray On The State, Neil Maccormick

Cornell Law Review

No abstract provided.

A History Of Dalhousie Law School, L. E. Rozovsky, F. A. Rozovsky

Dalhousie Law Journal

As the author is at pains to tell us at the very beginning, this is not an earth-shaking book. Furthermore, Professor Willis states in his preface that the project was started by the late Dean Emeritus Horace Read and thus is the work of two hands; if Willis himself had originated the project, "The book I should like to have written about the Dalhousie Law School would be something very different from this .. ." At that point, the reviewer felt some unease about the task at hand. He need not have worried: the history is a successful and worthwhile …

The Feudal Framework Of English Law, Robert C. Palmer

Michigan Law Review

A Review of The Legal Framework of English Feudalism by S.F.C, Milsom

Truth And Interpretation In Legal History, G. Edward White

Michigan Law Review

The essay consists of four sections. Section I discusses the nature of historical explanation, devoting some attention to the roles of "truth," interpretation, and detachment in historical scholarship. Section II continues that discussion by exploring the meaning and the purpose of what I call "interpretive detachment" in the writing of history. Section III considers the theoretical assumptions of Marxist legal historians from the point of view developed in preceding sections. Section IV, taking into account some issues that remain problematic or troublesome, restates my approach.

On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky

Michigan Law Review

A Review of The Politics of Justice: Lower Federal Judicial Selection and the Second Party System, 1829-1861 by Kermit L. Hall and Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau

Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review

Michigan Law Review

A Review of Law and Politics: The House of Lords as a Judicial Body, 1800-1976 by Robert Stevens

Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review

Michigan Law Review

A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman

Popular Justice: A History Of American Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Popular Justice: A History of American Criminal Justice by Samuel Walker

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt

The Perils Of Writing An Intellectual History Of Torts, George C. Christie

Michigan Law Review

A Review of Tort Law in America: An Intellectual History by G. Edward White

To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review

Michigan Law Review

A Review of To Set the Law in Motion: The Freedmen's Bureau and the Legal Rights of Blacks, 1865-1868 by Donald G. Nieman

A Tale Of Two Laws, Barbara A. Black

Michigan Law Review

A Review of The Rise and Fall of Freedom of Contract by Patrick S. Atiyah

The European Economic Community -- A Profile, Utz P. Toepke

Northwestern Journal of International Law & Business

To enable those readers who may be unfamiliar with the history and structure of the European Economic Community to better understand the articles in this symposium, Dr. Toepke reviews the background, the institutions and the underlying theory of this unique legal phenomenon.

The Role Of Law, Theodore J. St. Antoine

Book Chapters

In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …

Canadian Merger Policy And Its International Implications, Eric K. Gressman

Michigan Journal of International Law

The implications of Canadian merger policy are of deep concern to U.S. and other foreign investors who have invested or are considering investing in Canada. U.S. interests own 60 percent of Canada's manufacturing industry. In 1978, approximately 250 mergers in Canada involved a foreign-owned or foreign-controlled buyer (usually U.S.). Therefore, it is not surprising that Canada's merger policy is no less important to the decisions of foreign investors in Canada than the Justice Department's policies are to domestic investors in the United States. At the same time, the Canadian government and public are concerned with their merger policy as a …

Constitutional Interpretation, Terrance Sandalow

Articles

"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …

The Distrust Of Politics, Terrance Sandalow

Articles

In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …

A Jury’S Pre-Trial Knowledge In Historical Perspective: The Distinction Between Pre-Trial Information And “Prejudicial” Publicity, Joseph M. Hassett

Law and Contemporary Problems

No abstract provided.

Preserving The Progressive Spirit In A Conservative Time: The Joint Reform Efforts Of Justice Brandeis And Professor Frankfurter, 1916-1933, David W. Levy, Bruce Allen Murphy

Michigan Law Review

On January 28, 1916, President Wilson sent the name of Louis D. Brandeis to the Senate for confirmation as a Justice of the United States Supreme Court. Wilson's act surprised many Americans and sparked one of the bitterest confirmation struggles in the history of the Republic. The nomination and the confirmation that followed also created a painful and highly personal dilemma for the new Justice. This dilemma led Brandeis to a private arrangement that opened an unusual and revealing chapter in the story of the extra judicial activities of American justices. Even more important, the arrangement constitutes a noteworthy episode …

“Don’T Go Near The Water” (Coal Leasing On Public Lands), Harrison Loesch

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

5 pages.

Development Of The 1979 Federal Coal Management Program, Leo M. Krulitz

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

4 pages.

The Mineral Leasing Act Of 1920, Patrick H. Martin

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

39 pages (includes sample forms).

Pages M-26; M-36; M-38; and M-40 do not contain pagination or content, and were not scanned.

Contains references (page M-1).

The Public Lands: Development Of Federal Policy, Charles F. Wilkinson

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

9 pages.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

Federal Land Policy Management Act: The Effect And Operation Of The Bureau Of Land Management Organic Act And Regulations Under It Relative To The Use Of Public Lands For Resource Development, Pamela A. Ray

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

15 pages.

The Role Of Ideas In Legal History, Jay M. Feinman

Michigan Law Review

A review of Patterns of American Legal Thought by G. Edward White

For Capital Punishment, Michigan Law Review

Michigan Law Review

A Book Notice about For Capital Punishment by Walter Berns

Autonomy And The Thirteen Colonies: Was The American Revolution Really Necessary, Robert A. Friedlander

Duquesne Law Review

No abstract provided.

Suing Judges: History And Theory, Jay Feinman, Roy S. Cohen

South Carolina Law Review

No abstract provided.