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Practical Difficulties Impeding Reform In The Law Of Evidence, Edmund M. Morgan
Practical Difficulties Impeding Reform In The Law Of Evidence, Edmund M. Morgan
Vanderbilt Law Review
"The World Do Move" was the subject of an address by Judge Joseph C. Hutcheson to members of the Association of American Law Schools shortly after the decision of the Supreme Court in Funk v. United States.' He used the opinion in that case as evidence that the courts do likewise even in matters of procedure when legislatures lag. With his usual finesse and subtle sense of humor, he did not specify the rate of motion or mention the magnitude of the movement. The time lapse was a mere 144 years and the memorable advance was from the position where …
Edmund M. Morgan, Sam L. Felts
Edmund M. Morgan, Sam L. Felts
Vanderbilt Law Review
Professor Morgan's subject in this Survey is Procedure and Evidence, the field of his greatest contribution to the law. Its importance cannot be overestimated; for no laws can be better than they actually work in practice. As he emphasizes, the whole purpose of the rules is specifically to define the area of dispute, and to provide the best methods for solving it. In short, the problem, the same for both the practitioner and the judge, is that of mastering the materials of the controversy. Morgan throws a flood of light upon every phase of this problem. Under his extraordinary powers …