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Full-Text Articles in Law
Federal Rules Of Private Enforcement, Luke Norris, David L. Noll
Federal Rules Of Private Enforcement, Luke Norris, David L. Noll
Law Faculty Publications
The Federal Rules of Civil Procedure were made for a different world. Fast approaching their hundredth anniversary, the Rules reflect the state of litigation in the first few decades of the twentieth century and the then-prevailing distinction between "substantive" rights and the "procedure" used to adjudicate them. The role of procedure, the rulemakers believed, was to resolve private disputes fairly and efficiently. Today, a substantial portion of litigation in federal court is brought under regulatory statutes that deploy private lawsuits to enforce public regulatory policy. This type of litigation, which scholars refer to as "private enforcement," is the engine for …
Edward Barradall's Reports Of Cases In The General Court Of Virginia (1733-1741), William Hamilton Bryson
Edward Barradall's Reports Of Cases In The General Court Of Virginia (1733-1741), William Hamilton Bryson
Law Faculty Publications
Edward Barradall was born in London, the son of Henry Barradall and Catherine Blumfield Barradall. He was baptized on 17 October 1703 in the parish church of St. Paul's, Covent Garden. Both of his brothers and two of his sisters came to Virginia in the 1730s. Edward Barradall was in Virginia by February 1731. From at least then until about 1733, he practiced law in the county courts of Caroline County and the Northern Neck. His law reports begin in 1733, and so it is to be presumed that that is the year he moved his practice from the county …
Alexander Forrester's Chancery Reports, William Hamilton Bryson
Alexander Forrester's Chancery Reports, William Hamilton Bryson
Law Faculty Publications
This is a new edition of Alexander Forrester's Chancery reports. It is based upon the best manuscript copy that has survived, Lincoln's Inn MSS. Misc. 52 and Misc. 54, and the first printed edition. The edition that was first published in 1741 included only the cases from 1732 to 1739. Compared to the copy in Lincoln's Inn, they are not much different in quality from each other. The cases in the 1741 edition are the basis for this edition as far as they go. The learned apparatus of the third edition by John Griffith Williams (d. 1799) has not been …
Mcculloch V. Madison: John Marshall's Effort To Bury Madisonian Federalism, Kurt T. Lash
Mcculloch V. Madison: John Marshall's Effort To Bury Madisonian Federalism, Kurt T. Lash
Law Faculty Publications
"In his engaging and provocative new book, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland, David S. Schwartz challenges McCulloch’s canonical status as a foundation stone in the building of American constitutional law. According to Schwartz, the fortunes of McCulloch ebbed and flowed depending on the politics of the day and the ideological commitments of Supreme Court justices. Judicial reliance on the case might disappear for a generation only to suddenly reappear in the next. If McCulloch v. Maryland enjoys pride of place in contemporary courses on constitutional law, Schwartz argues, then this …
Agency: Married Women Traders Of Nantucket, 1765-1865, Mary L. Heen
Agency: Married Women Traders Of Nantucket, 1765-1865, Mary L. Heen
Law Faculty Publications
Before the enactment of separate property and contract rights for married women, generations of married women in seaport cities and towns conducted business as merchants, traders and shopkeepers. The first part of this article shows how private law facilitated their business activities through traditional agency law, the use of powers of attorney, trade accounts and family business networks. These arrangements, largely hidden from public view in family papers, letters, and diaries, permitted married women to enter into contracts, to buy and sell property, and to appear in court. Private law, like equity, thus provided a more flexible alternative to the …
Comparative Legal History. Edited By Olivier Moréteau, Aniceto Masferrer, And Kjell A. Modéer. Cheltenham, Uk; Northampton, Ma: Edward Elgar Publishing, 2019 [Book Review], Dana Neacsu
Law Faculty Publications
Comparative Legal History stands out for both its content and its execution. At a time when most law schools devote themselves to the study of hic et nunc (here and now), Comparative Legal History proves there is something more than the rather dogmatic and pragmatic description of what is traditionally recognized as the law. In an age of hyper specialization, it discredits the absurd notion of law as (hard) science. Law, a human product, can easily be the object of scientific observations, but does that scientific observation need to be limited to the study of rules and norms in force …
English Statutes In Virginia, 1660-1714, John R. Pagan
English Statutes In Virginia, 1660-1714, John R. Pagan
Law Faculty Publications
Virginia had a government of dual legislative authorities in the seventeenth and early eighteenth centuries. Under the transatlantic const itution- an evolving framework of legal relations within England's empire- both the Crown and the General Assembly had jurisdiction to prescribe laws for the colony. The Crown occasionally required Virginians to enforce acts of Parliament, but for the most part the imperial government allowed colonists to deviate from the metropolitan model and enact legislation tailored to their own needs, provided they refrained from passing statutes contrary or repugnant to English law. Instead of delineating separate spheres of imperial and provincial legislative …
Law Books In The Libraries Of Colonial Virginians, William Hamilton Bryson
Law Books In The Libraries Of Colonial Virginians, William Hamilton Bryson
Law Faculty Publications
Of all professionals, lawyers are the most dependent on books. All of their resource material is in written form. To know the quality of the practicing bar, the bench, legal studies, and legal scholarship in general, one must know the books on which they are founded. A census of law books present in the libraries of colonial Virginians can shed some light on the law and the lawyers who shaped the colony and the nation.
Book Review: The Cambridge History Of Law In America Vol. 1: Early American (1580-1815), William Hamilton Bryson
Book Review: The Cambridge History Of Law In America Vol. 1: Early American (1580-1815), William Hamilton Bryson
Law Faculty Publications
The book under review is a survey of the influence of law on mainland British North America up to about 1815.
On Federalism, Freedom, And The Founders' View Of Retained Rights - A Reply To Randy Barnett, Kurt T. Lash
On Federalism, Freedom, And The Founders' View Of Retained Rights - A Reply To Randy Barnett, Kurt T. Lash
Law Faculty Publications
In A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review, I explain how some of the most common theories of the Ninth Amendment either have nothing to do with the actual text of the Amendment or place the text in conflict with similar terms in the Tenth Amendment. Focusing on the actual words of the Amendment, I argue that the text of the Ninth point towards a federalist rule of construction in which the people's retained rights are necessarily left to the control of the collective people in the several states. I also explain how this reading fits …
In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist
In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Review On Commentaries On The Laws Of England: A Facsimile Of The First Edition Of 1765-1769, William Hamilton Bryson
Review On Commentaries On The Laws Of England: A Facsimile Of The First Edition Of 1765-1769, William Hamilton Bryson
Law Faculty Publications
A book review on, Commentaries on the Laws of England: A Facsimile of the First Edition of 1765-1769, by W. Blackstone.
Intellectual Life In The Colonial South, 1585-1763, William Hamilton Bryson
Intellectual Life In The Colonial South, 1585-1763, William Hamilton Bryson
Law Faculty Publications
A book review on, Intellectual Life in the Colonial South, 1585-1763, by Richard Beale Davis.
William Senior (1862-1937), Legal Historian, William Hamilton Bryson
William Senior (1862-1937), Legal Historian, William Hamilton Bryson
Law Faculty Publications
Upon receiving from Clare College, Cambridge, a William Senior scholarship to continue my studies in legal history, I enquired about the man whose generosity was being extended to me. No one knew anything about him. Therefore, I collected the information for this short piece as much out of curiosity as piety. Having done so, I discovered a legal historian and scholar of moderate proportions who does not deserve such complete neglect. Had he been a teacher or a politician, my efforts might have been rewarded by the discovery of more personal information about the man himself. As it is, very …