Law Commons^™

Conscription, The Constitution, And The Framers: An Historical Analysis, Michael J. Malbin

Fordham Law Review

No abstract provided.

Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green

Articles

THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …

Review Of The King's Pardon For Homicide To A.D. 1307, Thomas A. Green

Reviews

NAOMI D. Hurnard's The King's Pardon for Homicide before AD 1307 is significant and instructive for both legal and social historians. The author has painstakingly pieced together the available evidence from a variety of classes of mediaeval English public records to achieve a clear statement of the law of excusable homicide, i.e., non-felonious but requiring a royal pardon. She has lucidly presented the procedure which marks out the legal life story of persons deserving pardon, from the pardonable slaying to the formal proclamation of the king's peace. But she has also accomplished much more. Through careful and generally sound use …

Abortion Reform, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland

Michigan Law Review

A Review of The Justices of the United States Supreme Court, 1789-1969: Their Lives and Major Opinions edited by Leon Friedman and Fred L. Israel

Judicial Removal In New York: A New Look, Edwin L. Gasperini, Arnold S. Anderson, Patrick W. Mcginley

Fordham Law Review

No abstract provided.

Haynsworth And Parker: History Does Live Again, Stephen Wasby, Joel B. Grossman

South Carolina Law Review

No abstract provided.

Part One: Historical Perspective (Of The Chesapeake Bay), Kenneth Lasson

All Faculty Scholarship

This study analyzes the legal problems in the development and management of Chesapeake Bay resources. There are threshold problems of definition - What is Chesapeake Bay? What are its resources? What role does law play in their development and management?

The "Historical Perspective" traces the political controversies that have involved the Bay since the colonies of Maryland and Virginia were first founded. In a rough sense, it defines the traditional resources of the Bay by isolating occasions when individuals, businesses and governmental bodies found themselves at cross-purposes as to how the Bay was to be used and shared.

Correspondence Between Norman Dorsen & Michael Tigar, Norman Dorsen, Michael Tigar

Founding of SALT

Professors Letwin, Tigar, and Wasserstrom proposes an exploratory meeting of law professors to discuss problems related to legal education , legal academics, and the society at large.

History Of Arbitration Practice And Law, Frank D. Emerson

Cleveland State Law Review

Long before laws were established, or courts were organized, or judges formulated principles of law, men had resorted to arbitration for the resolving of discord, the adjustment of differences, and the settlement of disputes. It is important to recall the early uses of arbitration at this time when, in the midst of a rising tide of controversy, doubts arise. Arbitration is sometimes thought to be something new, untried, and hazardous to good public relations; or its organization seems to be detrimental to judicial institutions that seem older, but are in reality next-of-kin.

Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy

Michigan Law Review

A Review o The Road from Runnymede: Magna Carta and Constitutionalism in America by A.E. Dick Howard

Conscription And The Constitution: The Original Understanding, Leon Friedman

Michigan Law Review

The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce," and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …

Levy: Origins Of The Fifth Amendment, O. John Rogge

Michigan Law Review

A Review of Origins of the Fifth Amendment by Leonard W. Levy

A Century Of Law At Notre Dame, Rev. Philip S. Moore C.S.C.

About the Law School

TABLE OF CONTENTS

1. The Early Years
2. The Hoynes Era
3. The Vurpillat Era
4. The Konop Era
5. The Manion Era
6. The O'Meara Era
7. The Future

Appendices

1. Faculty Chronological List
2. Faculty Alphabetical List
3. Sources
4. Index

The Historical Background And Present Status Of The County Chain Gang In South Carolina, Daniel T. Brailsford

South Carolina Law Review

No abstract provided.

The Warren Court And The Political Process, William M. Beaney

Michigan Law Review

Our complex political system creates endless opportunity to debate the proper roles and powers of each of our principal political institutions. Students of the Supreme Court who quarrel over the proper role of the Court sometimes forget that the powers of the President and the proper place of Congress have also been subject to fierce controversy throughout our history, and that the political tension between the national government and the states has provided a persistent theme from the beginning of the Republic. It must never be forgotten that the system provided by the Framers was not designed to produce efficient …

Cohen: The Criminal Process In The People's Republic Of China 1949-1963: An Introduction., And Bodde & Morris: Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases With Historical, Social, And Juridical Commentaries, Victor H. Li

Michigan Law Review

A Review of The Criminal Process in the People's Republic of China 1949-1963: An Introduction by Jerome A. Cohen, and Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases with Historical, Social, and Juridical Commentaries by Derke Bodde and Clarence Morris

The Supreme Court And The People, Everett Mckinley Dirksen

Michigan Law Review

There is only one circumstance, as I read the Constitution, which authorizes the federal government to intrude or interfere with the governmental structure of a state. That would occur under the provisions of section 4 of article IV, which, in pertinent part, state: "The United States shall guarantee to every State in this Union a Republican form of Government .... " This was the question, if indeed there was a federal question, to be determined in the earlier Baker v. Carr and the reapportionment cases. To rely on the fourteenth amendment for authority to establish by judicial decree a new …

The Alternative Amendment Process: Some Observations, Paul G. Kauper

Michigan Law Review

The alternative method of formal amendment of the Constitution raises unresolved questions of interpretation. As a contribution to the formulation of procedures for the implementation of this method Senator Ervin has introduced a bill dealing with the matter in considerable detail. In dealing with the subject I propose to discuss not only the convention procedure provided in article V, and in this connection point up some considerations respecting Senator Ervin's bill, but also some basic questions relating to the formal amendment process and the role assumed by the Supreme Court in the process of constitutional change.

Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.

Michigan Law Review

Capacity for steady--even startling-development and relative incapacity for formal change, are twin features of American constitutionalism often noticed but seldom analyzed conjointly. Even the most stalwart supporters of the status quo do not want an unamendable Constitution, but disagreement as to how change should be effected, and the scope of it, runs deep. Indeed, this is the central problem of Marbury v. Madison. That case was the effective innovator of judicial review, our "real" system for developmental constitutionalism. Interestingly, it also was one of the quite rare instances when a seemingly simple constitutional text was at issue (scope of Supreme …

The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy

Law Faculty Publications

Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immunity, The Schooner Exchange v. M cFaddon, is still repeatedly referred to in judicial opinions. Significantly, it is cited not for purposes of distinction or historical perspective, but rather, is employed as a present underpinning for sovereign immunity, even though the political and social circumstances of today differ considerably from those existing in 1812.

Subsequent cases, however, while often justifying the conclusions reached by references to Marshall's discussion in The Schooner Exchange, have intertwined into the concept of sovereign immunity notions distinct from Chief …

Emerson: Political And Civil Rights In The United States, T. A. Smedley

Michigan Law Review

A Review of Political and Civil Rights in the United States. 3d ed. 2 vols. by Thomas I. Emerson, David Haber, and Norman Dorsen

Present Frontiers In Constitutional Law, William T. Coleman Jr.

Villanova Law Review (1956 - )

No abstract provided.

Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler

Villanova Law Review (1956 - )

No abstract provided.

In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.

Law Enforcement States Its Views, John Edgar Hoover

Villanova Law Review (1956 - )

No abstract provided.

Product Identity And Branding Under The Robinson-Patman Act: Is The Ftcs Approach Consistent With Realities Of The Marketplace, Arthur D. Austin

Villanova Law Review (1956 - )

No abstract provided.

Judicial Decision Making And Computers, Allen Harris

Villanova Law Review (1956 - )

No abstract provided.

A History Of South Carolina Liquor Regulation, Paul R. Hibbard

South Carolina Law Review

No abstract provided.

Constitutional Rights And The Mormon Appeals For National Redress Of The Missouri Grievances, Lynn D. Stewart

Theses and Dissertations

This study attempts to trace the efforts of the Mormon people to obtain redress from the national government for the losses of life and property which they had suffered and the hardships which they had endured while residing in the state of Missouri during the 1830's. The Mormon appeals to Congress and the President are considered and an evaluation is made of the Mormon view of the national government's responsibility for the protection of individual rights.

The information for this study was obtained from the Church Historian's Office, the Brigham Young University Library, the University of Utah Library, the Utah …