Jurisprudence Commons^™

Reports Of Cases In The Court Of Chancery From 1683 To 1688, William Hamilton Bryson

Law Faculty Publications

This collection of law reports brings together in one place the reports of cases in the Court of Chancery from the short tenure of Sir Francis North, lord Guilford, and that of Sir George Jeffreys, Lord Jeffreys, who was the Lord Chancellor during the reign of King James II. These reports have been scattered heretofore, but it is hoped that, by reprinting them in one place, they can be more easily comprehended individually and the jurisprudence of this court can be better understood. They come from the reigns of King Charles II and King James II, and date from 1683 …

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

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 …

James Ravenscroft's Reports Of Cases In The Court Of Common Pleas (1623-1633), William Hamilton Bryson

Law Faculty Publications

James Ravenscroft was born in 1595, the son of Thomas Ravenscroft of Fould Park, Middlesex, and Bridget Powell. The Ravenscrofts were an ancient Flintshire family. (Thomas Ravenscroft (1563-1631) was a cousin of Lord Ellesmere's first wife, a member of Parliament in 1621, and a Cursitor in the Chancery.) James was admitted at Jesus College, Cambridge, in 1613, and received his B.A. degree in 1616. He was admitted to the Inner Temple on 29 May 1617, and he was called to the bar on 21 May 1626. James was married to Mary Peck; they resided in High Holborn, and had eleven …

Reports Of Cases By Lord Hardwicke, William Hamilton Bryson

Law Faculty Publications

Philip Yorke, earl of Hardwicke (1690-1764) was the Lord Chancellor of Great Britain from 1737 to 1756. He had a brilliant legal mind, and his memory is still celebrated today.

These reports are taken from Lord Hardwicke's opinions in other cases. Thus, being statements by Lord Hardwicke of these cases, in that sense, they are his reports of these cases. The text published here has been massaged into the standard format for law reports. However, originally, it was Lord Hardwicke's treatment of these reports as legal precedents for other cases that were before him for decision, which precedents he followed …

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 …

Marriage Equality Comes To The Fourth Circuit, Carl Tobias

Law Faculty Publications

Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit presents …

Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias

Law Faculty Publications

When Donald Trump became President, the United States Court of Appeals for the Ninth Circuit had four judicial vacancies that the Administrative Office of the U.S. Courts (AO) identified as “judicial emergencies.” The court also faces a larger caseload than all the other regional circuits, and has frequently decided appeals the least swiftly. The 2016 election returns indicate that more confirmations will be necessary due to additional court members’ probable retirement or assumption of senior status during President Trump’s administration. Striking politicization could frustrate this effort, however. Soon after the inauguration, President Trump signed a novel executive order proscribing U.S. …

Miscellaneous Reports Of Cases In The Court Of Delegates From 1670 To 1750, William Hamilton Bryson

Law Faculty Publications

In 1971, G. I. O. Duncan published a learned and useful book entitled The High Court of Delegates. This excellent treatise describes the jurisdiction, administration, procedures, and records of this court with exceptional clarity. In 2004, the substantive law of the Court of Delegates was fully and admirably expounded by R. H. Helmholz in The Oxford History of the Laws of England, Volume 1, The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s. For the next step in the study of this court to be taken, more of the source materials from this court needs to be made …

Reports Of Cases In The Court Of Chancery In The Middle Ages, William Hamilton Bryson

Law Faculty Publications

If the history of the law is to be properly written, it must be based upon the primary legal sources. One of the primary source materials of the law is the reports of cases. These are particularly important because here is the best evidence of the judges’ legal reasoning. The court records kept by the clerks of the courts do not give this information as, indeed, it is not their purpose to do any more than record the results of a particular lawsuit for future use. They primarily serve the purpose of res judicata; their value as judicial precedent …

Reports Of Cases In The Court Of Exchequer From 1604 To 1648, William Hamilton Bryson

Law Faculty Publications

Before the year 2000, there were in print only two modest collections of reports of cases in the Court of Exchequer dating before the accession of King George I in 1714. These are the reports of Sir Richard Lane (d. 1650) and those of Thomas Hardres (d. 1681). Combined, they cover only 28 years, and the number of cases is quite minuscule compared to the other high courts of justice at Westminster. This extreme paucity of printed materials has given a false impression of unimportance of the Court of Exchequer. While it is certainly true that this court did not …

Sir Robert Raymond's Common Law Reports (1694-1696), William Hamilton Bryson

Law Faculty Publications

Robert Raymond was born on 20 December 1673 in London. He was the only son of Sir Thomas Raymond (1627-1683), a judge and law reporter. He was formally admitted to Gray's Inn, his father's inn, at the age of nine in 1682. He was a student at Eton College and Christ's College, Cambridge. Raymond was called to the bar of Gray's Inn in November 1697, and he joined ad eundem Lincoln's Inn in 1710. He was the Solicitor General from 1710 until 1714 and Attorney General from 1720 to 1724. He was a member of Parliament from 1710 to 1724. …

John Merefield's Common Pleas Reports, William Hamilton Bryson

Law Faculty Publications

John Merefield of Crewkerne, Somerset, was admitted to the Inner Temple on 14 February 1612, and he was called to the bar on 15 October 1620. He gave readings in 1621 and 1641; on 4 November 1638, he was called to the bench. Merefield was created a serjeant in October 1660, and he died in October 1666.

Fourteen Cases From Herbert Jacob's Queen's Bench Reports, William Hamilton Bryson

Law Faculty Publications

Herbert Jacob was admitted to the Inner Temple on 3 June 1692, called to the bar on 28 June 1699, and called to the bench of the Inner Temple on 22 November 1721. He died in 1725.

Harvard Law School MS. 4081 [formerly MS. 2136] is a collection of Queen's Bench reports dating from 1702 to 1706. This manuscript consists of two books, which are attributed to Herbert Jacob, a barrister of the Inner Temple. The cases in volume one and volume two, ff. 1-71v, are the same reports as 2 Lord Raymond 755-1252, 92 E.R. 4-325. Volume two, ff. …

Thomas Bold's Chancery Reports, William Hamilton Bryson

Law Faculty Publications

Thomas Bold was born in 1695, the son of William Bold of St. Bride's Parish, London. He entered Westminster School in 1708 and Christ Church, Oxford, on 23 June 1713. Bold received his B.A. in 1718 and an M.A. in 1721. He was admitted as a law student at the Middle Temple on 15 June 1711 and called to the bar on 31 May 1717. He was admitted ad eundem at Lincoln's Inn on 23 November 1717.

Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory, Kevin C. Walsh

Law Faculty Publications

Judge Richard Posner's well-known view is that constitutional theory is useless. And Judge J Harvie Wilkinson III has lambasted constitutional theory for the way in which its "cosmic" aspirations threaten democratic self-governance. Many other judges hold similar views. And yet both Posner and Wilkinson-in the popular press, in law review articles, and in books-have advocated what appear to be their own theories of how to judge in constitutional cases. Judicial pragmatism for Posner and judicial restraint for Wilkinson seem to be substitutes for originalism, living constitutionalism, political process theory, and so on. But both Posner and Wilkinson also deny that …

Judicious Influence: Non-Self-Executing Treaties And The Charming Betsy Canon, Rebecca Crootof

Law Faculty Publications

Despite their seeming impotency, non-self-executing treaties play an important role in domestic jurisprudence. When a statute permits more than one construction, judges have a number of interpretive tools at their disposal. One of these is the Charming Betsy canon, which encourages judges to select an interpretation of an ambiguous statute that accords with U.S. international obligations -including those expressed in non-self-executing treaties. This Note concludes that the judicial practice of giving indirect force to all treaties through the Charming Betsy canon is both justified and beneficial.

The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers, Jr.

Law Faculty Publications

This Essay considers three cases decided in the Supreme Court's 2008-2009 term and notes some of the major issues that are left open for discussion after these cases; its purpose is not to catalog every issue that these cases raise. Taken together, these cases challenge employment discrimination doctrine in a fundamental way. This provides the Fourth Circuit in particular the opportunity to continue doing what it has often done-think creatively about employment discrimination doctrine. This is an observation, not a criticism of the Fourth Circuit. It suggests that the Fourth Circuit can make a difference. Of course, the Fourth Circuit's …

Fear, Irrationality, And Risk Perception, Henry L. Chambers, Jr.

Law Faculty Publications

This brief commentary makes two points. The first is that fear can play multiple roles in any decision-making process. The second is that accurately determining whether reactions to fear are irrational is a complex task. Though neither point necessarily requires that symposium participants abandon their positions, together they suggest that extreme care is necessary in developing policy prescriptions based on the claim that fear can trigger irrationality.

Rehnquist Or Rorty?, Carl W. Tobias

Law Faculty Publications

A postmodern response to Gene Shreve, Eighteen Feet of Clay: Thoughts on Phantom Rule 4(m), 67 Ind. L.J. 85 (1991).

An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal

Law Faculty Publications

This Article examines the role of police motivation in all facets of fourth amendment jurisprudence and demonstrates that the Court has often considered good faith as one relevant but ill-defined factor in determining substantive aspects of the fourth amendment. The Article concludes that this ambiguous and flexible approach to substantive fourth amendment rights should be utilized when applying the remedy of exclusion.