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Articles 61 - 90 of 159
Full-Text Articles in Comparative and Foreign Law
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Publications
No abstract provided.
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
Michigan Law Review
A Review of English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law by Robert C. Palmer
Caught Between Rocks And Hard Places: The Plight Of Reinsurance Intermediaries Under U.S. And English Law, Stephen W. Schwab, Peter G. Gallanis, David E. Mendelsohn, Bradley V. Ritter
Caught Between Rocks And Hard Places: The Plight Of Reinsurance Intermediaries Under U.S. And English Law, Stephen W. Schwab, Peter G. Gallanis, David E. Mendelsohn, Bradley V. Ritter
Michigan Journal of International Law
Accordingly, Part I of this article provides a review of the role intermediaries have played in the recent spate of insurance company insolvencies and an overview of intermediary rights and duties. Part II then progresses to a discussion of English intermediary law, analyzing how the general English rules apply to intermediaries when a cedent or reinsurer becomes insolvent. Part III addresses the same issues under U.S. law, tracing the most recent statutory developments from their cause and considering their effect on reinsurance transactions. This article concludes with a discussion of how English and U.S. law interact in reinsurance transactions, pointing …
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Articles
I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization.
A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi
A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi
Publications
No abstract provided.
Hail Britannia?: Institutional Investor Behavior Under Limited Regulation, Bernard S. Black, John C. Coffee Jr.
Hail Britannia?: Institutional Investor Behavior Under Limited Regulation, Bernard S. Black, John C. Coffee Jr.
Michigan Law Review
The two authors of this article have been on opposite sides of this debate, but both recognize that no single explanation is complete and that other factors, such as the self-interest of fund managers, the conflicts of interest faced by institutions who want to retain corporate business, cultural forces, collective action problems, and what we can call path dependence- the difficulty of changing the structure and behavior of highly evolved and specialized institutions - have causal roles in explaining shareholder passivity. The central question in research on American corporate governance is how these forces interact to produce the characteristic …
Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau
Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau
Michigan Law Review
A Review of Violin Fraud: Deception, Forgery, Theft, and the Law by Brian W. Harvey
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
Michigan Journal of International Law
This article will demonstrate that these general claims, as well as certain observations about specific countries, were, with one significant exception, substantially wrong when they were written. More importantly, due to significant developments in several countries in the years since those reports came out, they are even more wrong now. That is, not only have the U.S. concepts of pre-interrogation warnings to suspects, a search warrant requirement, and the use of an exclusionary remedy to deter police misconduct been widely adopted, but in many cases other countries have gone beyond the U.S. requirements.
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
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 …
From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham
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
Justice, Mercy, And Late Medieval Governance, Pat Mccune
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
Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes
Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes
Journal Articles
England's historical and current synthesis of Church and State differs greatly from other European and American experiences. It contrasts sharply with the path taken by most states, which chose to cope with religious pluralism by privatizing religion and by trying to base public life on secular views of human nature. This paper reviews the unique inception, and continuance, of the church-state throughout English history. It also reviews the unique manner in which England chose to deal with religious pluralism while maintaining its established church. After reviewing the English experience of establishment of religion, this paper concludes that the total wall …
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
Michigan Law Review
A Review of Transfers of Property in Eleventh-Century Norman Law by Emily Zack Tabuteau
The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski
The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski
Michigan Journal of International Law
This article is intended only to be introductory. The author is quite aware that the period surrounding the creation of the American Constitution has been profoundly studied; thorough analysis has been provided concerning both the origin and historical development of the American Constitution, as well as the intellectual background of the "founding generation." Characteristically, these studies have focused on the "American constitutional tradition," which means that they have been limited to little more than two centuries of colonial experience. This essay follows a different vein of inquiry. The author's purpose is not to add another article to the numerous works …
Crime And The Courts In England 1660-1800, Frank C. Shaw
Crime And The Courts In England 1660-1800, Frank C. Shaw
Michigan Law Review
A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie
Freedom Of Speech, Melissa H. Maxman
Freedom Of Speech, Melissa H. Maxman
Michigan Law Review
A Review of Freedom of Speech by Eric Barendt
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Michigan Law Review
A Review of Verdict According to Conscience by Thomas Andrew Green
A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson
A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson
Scholarly Works
In this paper I want to look at four approaches to deciding a case in different societies-contemporary England, uncodified civil or 'mixed' law systems (with an example from 17th century Scot-land and another from early 20th century South Africa), 19th century France after codification, 15th century Germany with a glance at 13th and 14th century Spain-where the attempt is made each time to reach the correct decision by applying the mental process thought most appropriate. None of the approaches examined here is result-oriented, and to outsiders, especially to lawyers brought up in a different legal culture, the mental process seems …
Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis
Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis
Dalhousie Law Journal
Universities have recently been subjected to increased demands for judicial scrutiny of the conduct of their affairs, especially in the area of procedural review. Much of the academic writing has concentrated on these developments as they affect the academic staff of the university.' This article seeks to redress the balance by considering procedural fairness in the context of university decision-making as it affects students. A study of university decision-making provides a useful framework for a more general consideration of the new approach to "procedural fairness" with its emphasis on balancing the nature of the decisions against the competing interests of …
Their Litigious Society, A.W. Brian Simpson
Their Litigious Society, A.W. Brian Simpson
Michigan Law Review
A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer
The Servants, Stephan Landsman
The Servants, Stephan Landsman
Michigan Law Review
A Review of Barristers' Clerks, the Law's Middlemen by John Flood
Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green
Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green
Books
This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …
Book Review Of Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury Trial In England And The United States, B. J. George Jr.
Book Review Of Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury Trial In England And The United States, B. J. George Jr.
Journal of Legal Education
No abstract provided.
Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review
Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review
Michigan Law Review
A Review of Tightening the Reins of Justice in America: A Comparative Analysis of the Criminal Jury I England and the United States by Michael H. Graham
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
Book Chapters
The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …
The Medieval English County Court, Stephen D. White
The Medieval English County Court, Stephen D. White
Michigan Law Review
A Review of The County Courts of Medieval England, 1150-1350 by Robert C. Palmer
Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth
Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth
Michigan Law Review
A Review of On the Laws and Customs of England: Essays in Honor of Samuel E. Thorne edited by Morris S. Arnold, Thomas A. Green, Sally A. Scully and Stephen D. White
The Assassination Attempt, Yale Kamisar
The Assassination Attempt, Yale Kamisar
Articles
From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed …
The Feudal Framework Of English Law, Robert C. Palmer
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
Judgment Non Obstantibus Datis, Reid Hastie
Judgment Non Obstantibus Datis, Reid Hastie
Michigan Law Review
A Review of Jury Trials by John Baldwin and Michael McConville