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Articles 301 - 330 of 684
Full-Text Articles in Legal History
Popular Justice: A History Of American Criminal Justice, Michigan Law Review
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
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
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
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
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
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Michigan Law Review
In this Article, Sir Leon Radzinowicz and .Dr. Roger Hood trace 150 years of unsuccessful English efforts to identify, sentence, and reform habitual criminal offenders. The Supreme Court's recent decision in Rummel v. Estelle has publicized habitual offender statutes in the United States. But Rummel primarily addressed the constitutionality, rather than the desirability, of a state habitual offender statute. This Article examines the broader policy questions common to habitual offender programs in both the United Stales and Great Britain. It describes the tension between liberal tradition and the state's desire to incapacitate those who repeatedly threaten life or property.
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
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 …
The Role Of Ideas In Legal History, Jay M. Feinman
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
For Capital Punishment, Michigan Law Review
Michigan Law Review
A Book Notice about For Capital Punishment by Walter Berns
Society And Legal Change, Michigan Law Review
Society And Legal Change, Michigan Law Review
Michigan Law Review
A Book Notice about Society and Legal Change by Alan Watson
What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.
What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.
Michigan Law Review
Categorizing broadly, the marital property systems of the Western nations today are divided into two types: those in which husband and wife own all property separately except those items that they have expressly agreed to hold jointly (in a nontechnical sense) and those in which husband and wife own a substantial portion or even all of their property jointly unless they have expressly agreed to hold it separately. The system of separate property is the "common law" system, in force in most jurisdictions where the Anglo-American common law is in force. The system of joint property is the community property …
Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu
Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu
Michigan Law Review
This Article explores such trends in the context of several recent cases and in the broader context of established patterns of constitutional law. Section II shows how the different strains of fourteenth amendment activism over the past century have tangled the strands of the fourteenth amendment in a thick, almost impenetrable knot. Section ill studies the tangle's reflection in three cases raising fundamental rights problems - Maher v. Roe, Moore v. City of East Cleveland, and Zablocki v. Redhail. Finally, Section N offers what Sections II and III suggest is missing from fourteenth amendment case law- a theory, abstract …
Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney
Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney
Michigan Law Review
A Review of Porter: The Never-Ending Wrong, and Meeropol & Meeropol: We Are Your Sons: The Legacy of Ethel and Julius Rosenberg, and Weinstein:Perjury: The Hiss-Chambers Case
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
Michigan Law Review
A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman
Legal Realism And Historical Method: J. Willard Hurst And American Legal History, Stephen Diamond
Legal Realism And Historical Method: J. Willard Hurst And American Legal History, Stephen Diamond
Michigan Law Review
A Review of Law and Social Order in the United States by James Willard Hurst
One Philosophy For An American Revolution, Paul K. Conkin
One Philosophy For An American Revolution, Paul K. Conkin
Michigan Law Review
A Review of The Philosophy of the American Revolution by Morton White
The Declaration Of Independence: The Reality Behind The Myth, Gerald F. Moran
The Declaration Of Independence: The Reality Behind The Myth, Gerald F. Moran
Michigan Law Review
A Review of Inventing America: Jefferson's Declaration of Independence by Garry Wills
Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii
Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii
Michigan Law Review
A Review of Protest at Selma: Martin Luther King, Jr., and the Voting Rights Act of 1965 by David J. Garrow
The Greek Concept Of Justice, Michigan Law Review
The Greek Concept Of Justice, Michigan Law Review
Michigan Law Review
A Review of The Greek Concept of Justice by Eric A. Havelock
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
Michigan Law Review
A Review of The Cardinal's Court: The Impact of Thomas Wolsey in Star Chamber by John A. Guy
Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob
Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob
Michigan Law Review
A Review of Doing Good: The Limits of Benevolence by Willard Gaylin, Ira Glasser, Steven Marcus, and David J. Rothman
Fornication, Cohabitation, And The Constitution, Michigan Law Review
Fornication, Cohabitation, And The Constitution, Michigan Law Review
Michigan Law Review
This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …
The Transformation Of American Law, 1780-1860, David H. Flaherty
The Transformation Of American Law, 1780-1860, David H. Flaherty
Michigan Law Review
A Review of The Transformation of American Law, 1780-1860 by Morton J. Horwitz
Republicanism And The Law Of Inheritance In The American Revolutionary Era, Stanley N. Katz
Republicanism And The Law Of Inheritance In The American Revolutionary Era, Stanley N. Katz
Michigan Law Review
This Article deals with the history of the law of inheritance during the era of the American Revolution, but its focus is actually more general, for it ultimately seeks to determine what sort of revolution we experienced. For the historian the problem is quite familiar, but a few observations seem pertinent. It is at least possible to argue that our colonial forefathers were not waging a revolution at all. Rather, one might say they were fighting what we should now call a colonial war of independence in which the overriding issue was "home rule." On this hypothesis, the main slogan …
Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.
Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.
Michigan Law Review
A Review of Les officialités à la veille du Concile de Trente by Anne Lefebvre-Teillard
British Wildlife Law Before The American Revolution: Lessons From The Past, Thomas A. Lund
British Wildlife Law Before The American Revolution: Lessons From The Past, Thomas A. Lund
Michigan Law Review
Early legislation may excite the condescending interest ·that Dr. Johnson directed toward a dog walking on its hind legs: "It is not done well; but you are surprised to find it done at all." British wildlife law, however, merits more respect. As long ago as the Middle Ages, man's appetite for meat endowed legislators with at least an ambling competence at wildlife management. Nor has the passage of time made their efforts wholly irrelevant. Early methods of controlling habitat, for example, may still be appropriate since historical change has not altered the needs of animals as it has those of …
The Compulsory Process Clause, Peter Westen
The Compulsory Process Clause, Peter Westen
Michigan Law Review
Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …
Roman Canon Law In The Medieval English Church: Stubbs Vs. Maitland Re-Examined After 75 Years In The Light Of Some Records From The Church Courts, Charles Donahue Jr.
Roman Canon Law In The Medieval English Church: Stubbs Vs. Maitland Re-Examined After 75 Years In The Light Of Some Records From The Church Courts, Charles Donahue Jr.
Michigan Law Review
The Right Reverend William Stubbs, D.D. (1825-1901), was the Anglican Bishop of Oxford, sometime Regius Professor of Modern History at Oxford, and a scholar of considerable repute. His Constitutional History of England was, until quite recently, the standard work in the field, and his editions of texts for the Rolls Series leave no doubt that he spent long hours ·with basic source material. Frederic William Maitland, M.A. (1850-1906), was an agnostic, the Downing Professor of the Laws of England at Cambridge, and a scholar whose reputation during his life was perhaps not so wide as Stubbs' but whose work commanded …
The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider
The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider
Michigan Law Review
In 1961, when Justice Edwards of the Michigan supreme court said, "From this date forward the judicial doctrine of governmental immunity from ordinary torts no longer exists in Michigan," he went on to say that he was eliminating from the law of Michigan "an ancient rule inherited from the days of absolute monarchy," a "whim of long-dead kings." Justice Carr, dissenting, agreed that the doctrine in question "came to us as a part of the common law," for which reason he thought it was protected by the reception clause of the Constitution of 1850 from the overruling action of the …
Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis
Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis
Michigan Law Review
This article will attempt to present a picture of the legal status of religious organizations, with particular reference to the enjoyment of the corporate privilege. Necessarily, this will involve at the outset an historical review tracing the development of that status, beginning with the practice of granting special charters to churches and culminating in the now familiar general incorporation statute. Special attention will be paid to distinctive problems that arose in Utah, Pennsylvania, and Virginia concerning corporate status. The historical review is followed by a summary survey of the current state laws relating to the incorporation of churches. The last …