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Full-Text Articles in Law

Legal Aid 1900 To 1930: What Happened To Law Reform?, Mark Spiegel May 2015

Legal Aid 1900 To 1930: What Happened To Law Reform?, Mark Spiegel

Mark Spiegel

This article offers a counter narrative to the conventional description of legal aid in the United States. By offering this counter narrative it focuses us on certain enduring difficulties that any legal aid or legal services program has to face if it wants to engage in reform efforts: problems of funding and problems of the social and historical context. Conventional wisdom has it that legal aid until the 1960s was largely devoted to individual cases and that it was not until the advent of federally-funded legal services that law reform and social change became part of the delivery of legal ...


The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth Apr 2015

The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth

Peter L. Lindseth

No abstract provided.


Appeals To The Privy Council From The American Colonies: An Annotated Digital Catalogue, Mary Bilder, Sharon O'Connor May 2014

Appeals To The Privy Council From The American Colonies: An Annotated Digital Catalogue, Mary Bilder, Sharon O'Connor

Sharon Hamby O'Connor

In recognition of the three-hundred anniversary of the accession of George I, the Ames Foundation announces a new electronic resource: Appeals to the Privy Council from the American Plantations: An Annotated Digital Catalogue. For the first time in centuries, the site makes accessible the important appellate cases that helped to define constitutional law before the creation of the United States Supreme Court.

The British Privy Council heard appeals from the 13 colonies that became the United States and from the other colonies in Canada and the Caribbean. Over 800 cases were appealed from the colonial supreme courts. Nearly one-third of ...


Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas Dec 2013

Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas

Arthur Mitchell Fraas

This paper explores the British Imperial legal world of the mid-eighteenth century. Within this period, the previously confined spaces of English law and legal institutions became open to an ever widening set of legal subjects, both people as well as places. The paper focuses on what was at the time perhaps England’s most remote and murkily defined legal space, the East India Company (EIC) settlements at Madras, Bombay and Calcutta. The paper shows how a series of legal actors: metropolitan judges, Indian litigants and elite lawyers, first bridged the legal worlds of England and the subcontinent. I argue that ...


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Aug 2013

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


The Anniversaries Of The Right To Counsel And Thecreation Of The Public Defender’S Office,, Robert Sanger Jun 2013

The Anniversaries Of The Right To Counsel And Thecreation Of The Public Defender’S Office,, Robert Sanger

Robert M. Sanger

There has been much celebration this year of the 50th Anniversary of the Gideon decision1 rendered by the United States Supreme Court in March of 1963. Gideon guaranteed that indigent persons accused of crime would be entitled to representation. It has been said for some time now, that the full promise of Gideon has never been realized. Nevertheless, the right to counsel in criminal cases is an important constitutional right.

2013 also marks the 120th Anniversary of the first public proposal of a public defender system which was introduced in Chicago in 1893. It also marks the 99th anniversary of ...


"Simple" Takes On The Supreme Court, Robert Tsai Dec 2012

"Simple" Takes On The Supreme Court, Robert Tsai

Robert L Tsai

This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably ...


American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington Mar 2012

American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington

Mark Graber

Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers institutions and Volume II covers Rights and Liberties-- this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.


Encyclopedia Of The Supreme Court Of The United States, David Tanenhaus, Kay Kindred, Felice Batlan, Alfred Brophy, Mark Graber Oct 2011

Encyclopedia Of The Supreme Court Of The United States, David Tanenhaus, Kay Kindred, Felice Batlan, Alfred Brophy, Mark Graber

Mark Graber

This 5-volume set focuses on the substance of American law, the processes that produce its legal principles, and the history of the Supreme Court, from its creation to the present. One of the encyclopedia's distinguishing themes is the examination of case law, the essential texts that form the backbone of legal and pre-legal study in the United States. Overview essays address the history of such topics as citizenship, due process, Native Americans, racism, and contraception, emphasizing the social context of each and the social and political pressures that shaped interpretation. This approach plays directly into the cutting-edge field known ...


Thurgood Marshall: The Writer, Anna P. Hemingway, Starla J. Williams, Jennifer M. Lear, Ann E. Fruth Dec 2010

Thurgood Marshall: The Writer, Anna P. Hemingway, Starla J. Williams, Jennifer M. Lear, Ann E. Fruth

Anna P. Hemingway

This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society. The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v ...


Brief Of Amicus Curiae Wesley Macneil Oliver In Support Of The Petition For Writ Of Certiorari, Wesley Oliver Jul 2010

Brief Of Amicus Curiae Wesley Macneil Oliver In Support Of The Petition For Writ Of Certiorari, Wesley Oliver

Wesley M Oliver

The United States Court of Appeals for the Ninth Circuit recently held that a lawsuit could proceed against John Ashcroft in his individual capacity for the way he detained material witnesses after the Terror of September 11, 2001. Ashcroft allegedly used those he believed to be terrorist suspects as material witnesses when he lacked adequate suspicion to bring formal charges. All of these “witnesses” otherwise qualified for detention under the federal material witness detention statute. The Ninth Circuit concluded that this “pretextual” use of the material witness detention statute clearly violated the Fourth Amendment as it circumvented the probable cause ...


David Hoffman: Life, Letters And Lectures At The University Of Maryland 1821-1837, Bill Sleeman Dec 2009

David Hoffman: Life, Letters And Lectures At The University Of Maryland 1821-1837, Bill Sleeman

Bill Sleeman

David Hoffman was a prominent pioneer in the establishment of university-based legal education. He helped to found the University of Maryland Law School in 1816 and was its first professor. His A Course of Legal Study (1817) and Legal Outlines (1829) played a critical role in the development of law school curricula and provided guidance to hundreds of antebellum law students and attorneys.


Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark Graber Apr 2009

Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark Graber

Mark Graber

This paper explores whether national political questions during the second party system were resolved into questions adjudicated by the Supreme Court of the United States. The essay details an appropriate test for Tocqueville’s thesis, demonstrates that most national political questions that excited Jacksonians were not resolved into judicial questions, and explains why Tocqueville’s thesis does not accurately describe national constitutional politics during the three decades before the Civil War. That most political questions were not resolved into judicial questions during the three decades before the Civil War given common political science claim that “(v)irtually any issue the ...


James Buchanan As Savior? Judicial Power, Political Fragmentation, And The Failed 1831 Repeal Of Section 25, Mark Graber Mar 2009

James Buchanan As Savior? Judicial Power, Political Fragmentation, And The Failed 1831 Repeal Of Section 25, Mark Graber

Mark Graber

James Buchanan is often credited with being the unlikely savior of judicial review in early Jacksonian America. In 1831, Buchanan, then a representative from Pennsylvania, issued a minority report criticizing the proposed repeal of Section 25 of the Judiciary Act of 1789 that is generally credited with convincing a skeptical Congress that fundamental constitutional norms required federal judicial oversight of state courts and state legislatures. This paper claims that federalism and political fragmentation were more responsible than James Buchanan for the failed repeal of Section 25, for the maintenance of judicial power in the United States during the transition from ...


George W. Anderson (1861-1938), Alexis Anderson Dec 2008

George W. Anderson (1861-1938), Alexis Anderson

Alexis Anderson

This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a ...


George M. Bourquin (1863-1958), Alexis Anderson Dec 2008

George M. Bourquin (1863-1958), Alexis Anderson

Alexis Anderson

This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a ...


Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York Dec 2008

Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 5, The Law Reports, Part Two (1765-1772.), Daniel Coquillette, Neil Longley York Dec 2008

Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 5, The Law Reports, Part Two (1765-1772.), Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Select Ecclesiastical Cases From The King's Courts 1272-1307, David Millon Dec 2008

Select Ecclesiastical Cases From The King's Courts 1272-1307, David Millon

David K. Millon

No abstract provided.


Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Two, The Law Commonplace Book, Daniel Coquillette, Neil Longley York Dec 2006

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Two, The Law Commonplace Book, Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Three, The Southern Journal (1773), Daniel Coquillette, Neil Longley York Dec 2006

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Three, The Southern Journal (1773), Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Georgia's Noble Revolution: Three Governors, Two Armies, The Georgia Supreme Court, And The Gubernatorial Election Of 1946, Lucian E. Dervan Dec 2006

Georgia's Noble Revolution: Three Governors, Two Armies, The Georgia Supreme Court, And The Gubernatorial Election Of 1946, Lucian E. Dervan

Lucian E Dervan

In 1946, the governor-elect of Georgia died, sparking a constitutional battle that brought a state government to its knees and a state supreme court to the height of its power. As two armies drew up on the streets of Atlanta, fights erupted in the executive offices and two men stood head to head in a battle for the vacant governor's seat. Into this fray, however, came the rule of law in the form of the state courts, and what may have swelled into an armed conflict of unseen proportions in twentieth century American politics ended with the stirring strike ...


Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York Dec 2004

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette Dec 2004

'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The Anglo-American Legal Heritage Introductory Materials, Daniel Coquillette Dec 2003

The Anglo-American Legal Heritage Introductory Materials, Daniel Coquillette

Daniel R. Coquillette

This fascinating book about our legal heritage is copiously illustrated with original materials. From our cultural roots in the Roman law, the Anglo-Saxon dooms, and English feudalism, to modern crises of social revolution and reform. Coquillette's work shows how legal culture is part of what has been called the "seamless web" of history. Most introductory books rely heavily, if not exclusively, on secondary sources. This book, however, provides carefully edited and chosen primary sources and culminates with provocative excerpts of the most recent twentieth century historical criticism. Also included are many useful charts and diagrams, and an extensive bibliography ...


The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette Dec 1998

The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette

Daniel R. Coquillette

A slightly modified version of Chapter 2 appears as "The Lessons of Anglo-Saxon 'Justice.'" The Green Bag. 2d ser. 2, no.3 (Spring 1999): 251-259.


A Guide To The Early Reports Of The Supreme Court Of The United States, Sharon O'Connor, Morris Cohen Dec 1994

A Guide To The Early Reports Of The Supreme Court Of The United States, Sharon O'Connor, Morris Cohen

Sharon Hamby O'Connor

A portion of this book originally appeared as "A Bibliography of the Early Reports of the Supreme Court of the United States." Legal Reference Services Quarterly 1, no. 2/3 (Summer-Fall 1981): 43-144.


The Mystery Of The New Fashioned Goldsmiths: From Usury To The Bank Of England (1622-1694), Daniel Coquillette Dec 1992

The Mystery Of The New Fashioned Goldsmiths: From Usury To The Bank Of England (1622-1694), Daniel Coquillette

Daniel R. Coquillette

Also appears in Miscellanea Domenico Maffei Dicato Historia Ius Studium, vol. 4, 523-550. Goldbach, Germany: Keip Verlag, 1995.


Francis Bacon, Daniel Coquillette Dec 1991

Francis Bacon, Daniel Coquillette

Daniel R. Coquillette

This is the first modern book to describe Francis Bacon's jurisprudence. He has long been famous as a scientist, philosopher, politician and literary giant, but his career as one of England's greatest lawyers and jurists has been largely overlooked. Bacon's major contribution to Anglo-American jurisprudence is presented in such a way as to be suitable to specialists and non-specialists alike. The purpose is to restore Bacon to his rightful place as England's first true critical and analytical jurist, and to describe how his legal thought related to his other great intellectual achievements.


The Civilian Writers Of Doctors' Commons, London: Three Centuries Of Juristic Innovation In Comparative, Commercial And International Law, Daniel Coquillette Dec 1987

The Civilian Writers Of Doctors' Commons, London: Three Centuries Of Juristic Innovation In Comparative, Commercial And International Law, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.