Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 181 - 200 of 200

Full-Text Articles in Social and Behavioral Sciences

In Step With The Times: Law Library Keeps Up With Changes In Legal Research, Margaret A. Leary Jan 1986

In Step With The Times: Law Library Keeps Up With Changes In Legal Research, Margaret A. Leary

Articles

Change is constant in legal research. Plucknett's work describes, for example, the modem textbook replacing published case reports as the most important form of legal literature. More recently, A.B.W. Simpson has argued that the law review article has displaced the treatise. Apart from these changes, the law itself has continued to embrace concepts from other disciplines and deal with facts and methodologies of an increasingly technological society.

Go to article

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper Jan 1986

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper

Articles

I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.

Go to article

Environmental Regulation And The Constitution, James E. Krier Jan 1985

Environmental Regulation And The Constitution, James E. Krier

Book Chapters

Indirectly, at least, the Constitution provides the federal government with power to regulate on behalf of environ-mental quality, but it also sets limits on the power. It sets limits, likewise, on the regulatory power of the states. What it does not do, at present, is grant the ‘‘constitutional right to a clean environment’’ so avidly sought in the hey-day of environmental concern, the decade of the 1970s. Thus, the one unique aspect of the general topic consid-ered here has no doctrinal standing; the remaining aspects are matters of doctrine, but they are not unique to envi-ronmental regulation. It is quite …

Go to article

Legal Theory And The Obligation To Obey, Philip E. Soper Jan 1984

Legal Theory And The Obligation To Obey, Philip E. Soper

Articles

Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.

Go to article

Federal Grants And The Reform Of State And Local Government, Terrance Sandalow Jan 1970

Federal Grants And The Reform Of State And Local Government, Terrance Sandalow

Book Chapters

Increasingly in recent years, discussion of the appropriate division of responsibilities between the nation and the states has shifted from ideological to pragmatic grounds. One consequence of that shift has been to bring into sharper focus the dilemma which confronts the growing number of those who believe that the existing structure of government is inadequate to the pressing tasks which face the nation, especially those tasks which center upon the metropolitan areas now inhabited by two-thirds of the nation's population. A rapidly developing consensus among persons of widely divergent political perspectives accepts the view summed up in Walter Heller's (1966: …

Go to article

International Law And The United Nations, University Of Michigan Law School Jan 1957

International Law And The United Nations, University Of Michigan Law School

Summer Institute on International and Comparative Law

In June, 1955, the University of Michigan Law School held a six-day Summer Institute dealing with problems of international law and of the United Nations. This was the eighth in the series of annual Summer Institutes dealing with important problems in areas of public concern, often with particular emphasis upon the comparative or international law aspects involved. The 1955 Institute came at the time of the tenth anniversary of the signing of the United Nations Charter on June 26, 1945, and approximately a decade after the termination of hostilities in World War II. The growth of the United Nations during …

Go to article

Municipal Corporations - Validity Of Covenant To Maintain Parking Meters In Bond Issue To Finance Off-Street Parking Facilities, William G. Cloon, Jr. S.Ed. Apr 1955

Municipal Corporations - Validity Of Covenant To Maintain Parking Meters In Bond Issue To Finance Off-Street Parking Facilities, William G. Cloon, Jr. S.Ed.

Michigan Law Review

An act of the state legislature authorized the issuance of municipal bonds to finance off-street parking facilities. The city was authorized to pledge revenue from existing on-street parking facilities to service the bonds but was to retain the right to change the location of the parking meters and other on-street facilities for enumerated reasons so long as the change did not materially lessen the revenue to be derived from those facilities. Acting in pursuance of authority granted by the enabling act, the city covenanted to maintain its parking meters subject to the reservations required by the act. In an action …

Go to article

Weigert, Stefansson And Harrison: New Compass Of The World, Michigan Law Review Apr 1949

Weigert, Stefansson And Harrison: New Compass Of The World, Michigan Law Review

Michigan Law Review

A Review of NEW COMPASS OF THE WORLD. Edited by Hans W. Weigert, Vilhjalmur Stefansson and Richard E. Harrison.

Go to article

Philbrick: Language And The Law., Michigan Law Review Apr 1949

Philbrick: Language And The Law., Michigan Law Review

Michigan Law Review

A Review of LANGUAGE AND THE LAW. By Frederick A. Philbrick

Go to article

Recent Important Decisions, Michigan Law Review Apr 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …

Go to article

Recent Important Decisions Feb 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Go to article

Some Sociological Aspects Of Criminal Law, Harriette M. Dilla May 1915

Some Sociological Aspects Of Criminal Law, Harriette M. Dilla

Michigan Law Review

There is a vast need for something that will sometime be written upon the subject of Sociology as a basis of Criminal Law and Procedure. The science of what may be termed Sociological Jurisprudence is in an embryonic state at present and the nearest approach perhaps is what we call Criminal Sociology or Criminology. The progress of this study has been rapid but we may still hope for .a more general application of principle! to practice. It is true that readjustment in law is more difficult than in other fields, as necessary formalities of procedure often seem to impose unreasonable …

Go to article

Protection Of Aliens By The United States, Simeon E. Baldwin Nov 1914

Protection Of Aliens By The United States, Simeon E. Baldwin

Michigan Law Review

Every country owes a duty of protection to aliens who are lawfully within its territory. "An alien friend, however transient his presence may be, is entitled to a temporary protection, and owes in return a temporary allegiance."

Go to article

Nature Of Legal Rights And Duties, Joseph W. Bingham Nov 1913

Nature Of Legal Rights And Duties, Joseph W. Bingham

Michigan Law Review

One cannot long talk on a legal topic without using the words right and duty or some synonyms. It is familiar hearsay that a purpose of law is to create, delimit, and protect rights and to define and enforce duties. Therefore it is of importance to inquire what is meant by "a right" and by "a duty" when we use these terms in legal discussion. The question is a linguistic one; but in the process of finding the proper answer, we shall have to analyze some of our common sorts of mental concepts and perhaps shall finish with a clear …

Go to article

What Is The Law? Ii, Joseph W. Bingham Dec 1912

What Is The Law? Ii, Joseph W. Bingham

Michigan Law Review

I shall now discuss briefly the nature of the causal effects of precedents upon judicial decisions and the justifications for those effects. One frequently hears laymen scoffing at the respect which courts pay to precedents and sometimes displaying a lamentable ignorance both of the nature of the influence which precedents have on the law and of the reasons for the existence of that influence. The influence of past example on human action pervades all human conduct and endeavor at all times. That influence is fundamental. It occurs through instinctive as well as intelligent processes and sometimes runs to unreasonable extents. …

Go to article

The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore Nov 1912

The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore

Michigan Law Review

The multiplying instances of the delay or seeming miscarriage of justice, together with the indications that crime is not diminishing in this country, as it is in most progressive European countries, are responsible for the widespread feeling that American Criminal Law and Administration are ineffective as a corrective system, and thus fail adequately to protect society; that as President Taft puts it, "The administration of criminal law in this country is a disgrace to our civilization." Defective organization of courts, cumbrous and costly procedure and excessive emphasis on technicalities afford an undue advantage to the law-breaker of means and deepen …

Go to article

What Is The Law?, Joseph W. Bingham Nov 1912

What Is The Law?, Joseph W. Bingham

Michigan Law Review

It is intended that this title shall demand an analysis of the field of study in which the lawyer or jurist works and a determination of its essential and contributing elements. The purpose of the article is to sketch briefly a partial answer which will be instructive and helpful to the student who faces the problem as I faced it some ten years ago. I do not expect that anything new will be found in these ideas. I imagine that all of them must have been expressed many times before. Some of them are common­place. None is esoteric. Probably the …

Go to article

Monroe Doctrine Its Status, John F. Simmons Feb 1907

Monroe Doctrine Its Status, John F. Simmons

Michigan Law Review

In 1895. President Cleveland in his message to Congress in regard to what has come to be known as the "Venezuela affair" said the Monroe Doctrine "has its place in the code of international law as certainly and as securely as if it were specifically mentioned." To test the accuracy of this statement we must determine as closely as possible what the Monroe Doctrine is and what is the correct meaning of the term "code of international law." Having settled our definitions the issue will be clearly defined and its discussion possibly profitable.

Go to article

Recent Important Decisions, Michigan Law Review May 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …

Go to article

Privileges Of Ambassadors And Foreign Ministers, Charles Noble Gregory Jan 1905

Privileges Of Ambassadors And Foreign Ministers, Charles Noble Gregory

Michigan Law Review

The United States receives diplomatic representatives from thirty-seven nations and accredits her representatives to them in return. Six of these on each side are of the highest rank, namely, "Ambassadors Extraordinary and Plenipotentiary," being those received from and accredited to the five great powers of Europe, Austria-Hungary, Germany, Great Britain, Italy and Russia, and to our sister Republic of Mexico. The rest are almost without exception "Envoys Extraordinary and Ministers Plenipotentiary," standing in the second rank of "Les Employés Diplomatiques," to use the term adopted at the Congress of Vienna (1815) where the relative rank was determined which attaches to …

Go to article

First Prev