Law Quadrangle Notes


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Giving It All Away


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The first biography of William W. Cook, the man who made possible the Michigan Law Quadrangle




And Justice for All


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This is the story of the U.S. Commission on Civil Rights, through its extraordinary fifty years at the heart of the civil rights movement and the struggle for justice in America. Mary Frances Berry, the commission’s chairperson for more than a decade, author of My Face Is Black Is True (“An essential chapter in American history from a distinguished historian”—Nell Painter), tells of the commission’s founding in 1957 by President Eisenhower, in response to burgeoning civil rights protests; how it was designed to be an independent bipartisan Federal agency—made up of six members, with no more than three from one political party, free of interference from Congress and presidents—beholden to no government body, with full subpoena power, and free to decide what it would investigate and report on. Berry writes that the commission, rather than producing reports that would gather dust on the shelves, began to hold hearings even as it was under attack from Southern segregationists. She writes how the commission’s hearings and reports helped the nonviolent protest movement prick the conscience of the nation then on the road to dismantling segregation, beginning with the battles in Montgomery and Little Rock, the sit-ins and freedom rides, the March on Washington. We see how reluctant government witnesses and local citizens overcame their fear of reprisal and courageously came forward to testify before the commission; how the commission was instrumental in passing the Civil Rights Act of 1964 and the Voting Rights Act of 1965; how Congress soon added to the commission’s jurisdiction the overseeing of discriminating practices—with regard to sex, age, and disability—which helped in the enactment of the Age Discrimination Act of 1978 and the Americans With Disabilities Act of 1990. Berry writes about how the commission’s monitoring of police community relations and affirmative action was fought by various U.S. presidents, chief among them Ronald Reagan and George W. Bush, each of whom fired commissioners who disagreed with their policies, among them Dr. Berry, replacing them with commissioners who supported their ideological objectives; and how these commissioners began to downplay the need to remedy discrimination, ignoring reports of unequal access to health care and employment opportunities. Finally, Dr. Berry’s book makes clear what is needed for the future: a reconfigured commission, fully independent, with an expanded mandate to help oversee all human rights and to make good the promise of democracy—equal protection under the law regardless of race, color, sexual orientation, religion, disability, or national origin.







Inventing American Exceptionalism


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Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z




Judges of the United States


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A Pattern of Violence


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A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.




Michigan Law at 150


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The Jurisprudence of GATT and the WTO


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This book contains a selection of essays and articles by John H. Jackson previously published over four decades and now collected together into one volume. Each article has been selected for its continued timeliness and relevance to contemporary issues in international trade. Particular attention has been given to making available articles that have previously been less accessible. For the most part articles are republished in their original form but, where appropriate, the author has clearly marked some omissions and added updating material. An indispensable addition to every international trade library.




University of Michigan Official Publication


Book Description

Each number is the catalogue of a specific school or college of the University.