Law Commons^™

Foreword: Arthur E. Wilmarth, Jr., A Scholar Of Uncommon Conviction, Integrity, And Boldness, Patricia A. Mccoy

University of Colorado Law Review

No abstract provided.

The Trial Of Oliver Wendell Holmes, Rodney A. Smolla

Rod Smolla

No abstract provided.

Remembering George Michaely, Lawrence J. Trautman, Stanley Sporkin, John A. Dudley

Lawrence J. Trautman Sr.

This short essay is a memorial tribute about George P. Michaely, Jr. (1926 to 2014). After graduating from both the University of Notre Dame and its law school, he began his legal career, serving for approximately seven years as attorney in the Office of General Counsel. He was then appointed Chief Counsel of the Commission’s Division of Corporation Finance, where he served for approximately the next four years and was responsible for advising the Commission and the public concerning the interpretation of the statutory provisions and rules relating to the registration provisions of the Securities Act of 1933 and the …

An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes

Robert Rodes

No abstract provided.

The Legacy Of Social Darwinism: From Railroads To The 'Reinvention' Of Regulation, Yair Sagy

Yair Sagy

According to accepted wisdom, new paradigms of regulation are upon us. This Article challenges this conception. It revisits the work of the leading regulator and theoretician of regulation in post-Civil War U.S., Charles Francis Adams, Jr., and argues that contemporary regulation reverts to Adams' theory of regulation, rather than introducing a revolutionary chapter to the intellectual history of regulation in the United States. The Article operates on three levels. On one level, it offers a new interpretation of Adams' seminal theory by revealing the hold that Herbert Spencer and Social Darwinism had on his work. On another level, the article …

Introduction Of Chief Justice Roberts, At The Robert H. Jackson Center, May 17, 2013, John Q. Barrett

Faculty Publications

(Excerpt)

A backdrop to this event is an ongoing, if entirely friendly, War Between the States … or at least between two States.

As a boy, Robert H. Jackson and family moved from the state of his birth to a second state, where he completed grade school and high school and then embarked on life. Our honored guest, John G. Roberts, Jr., did the same thing in his boyhood. In Jackson’s case, following his birth and early boyhood on the family farm in Spring Creek Township, Warren County, Pennsylvania, the move was to Frewsburg, New York, and then to Jamestown—Pennsylvania …

Dr. Martin Luther King, Jr. As An International Human Rights Leader, Henry J. Richardson Iii

Villanova Law Review

No abstract provided.

An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes

Journal Articles

I first met John Noonan at a Law Review dinner when I was a year or so out of law school and he was a third year student. Chance placed us at the same table, and the conversation-naturally-proved to be more interesting than the speeches.

I am honored, indeed, blessed, to have been exposed to that witness for so many decades, and deeply grateful for the opportunity to come here on this occasion and bear my own witness in return.

A Short History Of Hearsay Reform, With Particular Reference To Hoffman V. Palmer, Eddie Morgan And Jerry Frank, Michael S. Ariens

Faculty Articles

Much of the history of the American law of evidence, including its most contentious issue, hearsay, is the story of stasis and reform. The case of Hoffman v. Palmer represents one of few cases concerning hearsay known by name, and illustrates that “false” evidence has often been used to caution against efforts proclaiming “radical reform” of the law of evidence.

In this case involving a collision between a car and a train, the critical question was: Is the defendant railroad permitted to introduce into evidence the transcript of a question and answer session made two days after the accident between …

The Trial Of Oliver Wendell Holmes, Rodney A. Smolla

William & Mary Law Review

No abstract provided.

The Lewis F. Powell, Jr. Archives And The Contemporary Researcher, John N. Jacob

Washington and Lee Law Review

No abstract provided.

Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White

William & Mary Law Review

No abstract provided.

Ideology And History, David F. Forte

Law Faculty Articles and Essays

I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also …

The Law Practice Of Alexander Hamilton, Edited By Julius Goebel, Jr., Francis Paschal

Indiana Law Journal

No abstract provided.