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Full-Text Articles in Law
Legislative Intent And Legislative History In Michigan, Kincaid C. Brown
Legislative Intent And Legislative History In Michigan, Kincaid C. Brown
Law Librarian Scholarship
Determining legislative intent is one of the key roles that the judicial system plays in Michigan, and legislative history can be a useful tool for evaluating the intent of the legislature when enacting a law. However, legislative history resources can be difficult to gather and some resources may not be persuasive in Michigan courts. This article provides a brief description of the Michigan legislative process, the court’s view of using legislative history to determine legislative intent, and a list of Michigan legislative history resources.
Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman
Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman
Articles
The National Archives and Records Administration (NARA) is, wisely, planning the future of its enormous collection of relatively recent court records. The pertinent regulation, a “records disposition schedule” first issued in 1995 by the Judicial Conference of the United States in consultation with NARA, commits the Archives to keeping, permanently, all case files dated 1969 or earlier; all case files dated 1970 or later in which a trial was held, and “any civil case file which NARA has determined in consultation with court officials to have historical value.” Other files may be destroyed 20 years after they enter the federal …
Civil Juries And Complex Cases: Taking Stock After Twelve Years, Richard O. Lempert
Civil Juries And Complex Cases: Taking Stock After Twelve Years, Richard O. Lempert
Book Chapters
Twelve years ago, as the first Reagan administration was coming into office, it appeared that the civil jury, at least in complex cases, might be on the way out. The hostility of Chief Justice Warren Burger toward the civil jury was no secret and the circuit courts were split on the question of whether the Seventh Amendment guarantee of trial allowed an exception for complex cases. The issue was ripe for Supreme Court resolution. Moreover, a body of then-recent scholarship provided the Court with some historical justification for reading a complexity exception into the Seventh Amendment as well as with …
The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary
The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary
Articles
Federal appellate court records and briefs are significant to researchers in many disciplines, but academic law libraries are discarding them. Ms. Leary chronicles the demise of paper holdings in law libraries, the rise of microforms, and the contents and usage of the National Archives and Records Administration's files. She then derives principles for preservation strategies that may apply to other categories of legal material.