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The Opinion Volume 24 Number 7 – February 1, 1984, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 1, 1984

Love Canal: Science, Politics, And People, Michigan Law Review

Michigan Law Review

A Review of Love Canal: Science, Politics, and People by Adeline Gordon Levine

Law On The Installment Plan, Bruce W. Frier

Michigan Law Review

A Review of Ulpian by Tony Honoré

Criminal Justice In Colonial America, 1606-1660, Michigan Law Review

Michigan Law Review

A Review of Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin

Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review

Michigan Law Review

A Review of Justice at War: The Story of the Japanese American Internment Cases by Peter Irons

Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman

Michigan Law Review

A Review of Law School: Legal Education in America From the 1850s to the 1980s by Robert Stevens

Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review

Michigan Law Review

A Review of Capital Punishment: Criminal Law and Social Evolution by Jan Gorecki

Circumspect Agatis Revisted, David K. Millon

Scholarly Articles

None available.

Baltimore's Westminster Cemetery And Westminster Presbyterian Church: A Guide To The Markers And Burials In Westminster Cemetery, 1775-1943, Mary Ellen Hayward, R. Kent Lancaster

Legal History Publications

No abstract provided.

Patent Arbitration: Past, Present And Future, Thomas G. Field Jr

Law Faculty Scholarship

Most attorneys have heard of arbitration, but few have more than a vague idea of what it is or have any experience with it. Patent attorneys are no exception, and many are no doubt wondering about the implications of §294. It was enacted in August of 1982, and went into effect in February 1983: Why was it needed and passed, and what does it mean?

Ecclesiastical Jurisdiction In Medieval England, David K. Millon

Scholarly Articles

Not available.

Rediscovering The American Origins Of Judicial Review: A Rebuttal To The Views Stated By Currie And Other Schools, 18 J. Marshall L. Rev. 49 (1984), P. Allan Dionisopoulos, Paul Peterson

UIC Law Review

No abstract provided.

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 Use Of Roman Law In Virginia Courts, William Hamilton Bryson

Law Faculty Publications

By statute, the courts of Virginia are required to decide cases according to the principles of the English common law. However, they are not forbidden to resort to any other legal system where the common law of England is silent. Moreover, when the English courts themselves have no English law on a particular point, they often look to the Roman law in its ancient or its current form for guidance. Therefore, it is not unreasonable for Virginia courts to do likewise, and in the eighteenth and nineteenth centuries, in fact, they did. The purpose of this essay is to consider …

The Seas And International Law: Rules And Rulers, Mark Weston Janis

Faculty Articles and Papers

The recent developments in the law of the sea form only one chapter of a larger story which deals with the development of international law in general. This larger story has to do with the ways in which the rules of international law are perceived and how it is believed the world should be governed. This Article examines the tale of the law of the sea in the 1970's and 1980's in an historical perspective. It is especially important for Americans to remember the record of history. This is so not only because the United States is one of the …

Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick

Law Faculty Research Publications

During the Survey period, the Michigan Supreme Court decided cases involving mutual mistake, the enforceability of a contractual limitation period, and termination of a licensing agreement. The court of appeals considered implied in fact contract theories, interpretation, the parol evidence rule, and claims for exemplary and mental distress damages for breach of contract. In addition, the court of appeals revisited rejection and acceptance under the Uniform Commercial Code, and decided several cases involving medical malpractice arbitration agreements.

Gates, Leon, And The Compromise Of Adjudicative Fairness (Part I): A Dialogue On Prejudicial Concurrences, Joel Jay Finer

Cleveland State Law Review

This two-part Article is about certain qualities of fairness –those qualities that although subtle, are central to the idea and spirit of justice in adjudication. This Article is about how those qualities were subverted in the process by which the doctrine of United States v. Leon became law. Part I of the Article –A Dialogue on Prejudicial Concurrences–published herein, suggests that several members of the Leon majority (particularly its author, Justice White) were unable to impartially adjudicate the constitutional question because of pre-decisional gratuitous opinions (from the bench) on the subject. More specifically, the Dialogue explores the virtually unquestioned assumption …

The Theoretical Justification For The New Criminal Law Of The High Middle Ages: "Rei Publicae Interest, Ne Crimina Remaneant Impunita", Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.

On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish

Faculty Scholarship

No abstract provided.

The Tudor Treason Trials: Some Observations On The Emergence Of Forensic Themes, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese

Washington and Lee Law Review

No abstract provided.

Miranda: The Case, The Man, And The Players, Yale Kamisar

Reviews

On the eve of America's bicentennial, the American Bar Association told its members of a plan to publish a book about the "milestone events" in 200 years of American legal history, and invited them to vote on the milestones to be included. When the balloting was over, Miranda v. Arizona1 - "the high-water mark" of the Warren Court's revolution in American criminal procedure2 - had received the fourth highest number of votes.3 I venture to say that if members of the general public had been asked to list the "most regrettable" or "most unfortunate" milestones in American legal history, Miranda …

How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

Publications

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1984, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton

University of Michigan Journal of Law Reform

Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …

Copyright Protection, The Right To Privacy, And Signals That Enter The Home, Stephen L. Carter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Philosophical, Legal, And Social Rationales For Appropriating The Tribal Estate, 1607 To1980, Arrell Morgan Gibson

American Indian Law Review

No abstract provided.

An Approach To Customary Law, Alan Watson

Scholarly Works

A proper understanding of the nature of customary law is important for legal historians. For students of European legal history, customary law is particularly important; from post-Roman times to the beginning of the modern legal age in the eighteenth century, the two main elements in European law have been Roman law and legal custom. In large measure, the main task of lawyers of that interim time period was to unify or harmonize the two strands of Roman law and custom.

Customary law flourishes in circumstances where law is likely to be the least theoretical. Yet, the nature of any source …

Notes Toward An Intimate, Opinionated, And Affectionate History Of The Conference On Critical Legal Studies, John Henry Schlegel

Journal Articles

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1984, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.