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Full-Text Articles in Legal History
What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.
What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
Vital Tissues Of The Spirit: Constitutional Emotions In The Antebellum United States, Doni Gewirtzman
Vital Tissues Of The Spirit: Constitutional Emotions In The Antebellum United States, Doni Gewirtzman
Articles & Chapters
This Chapter provides a framework for examining the ambivalent and reciprocal relationship between emotions and constitutional law through three interrelated lenses: text, instrument, and symbol. In the years before the Civil War, discourse about feelings impacted institutional struggles for interpretive supremacy over the constitutional text, affected the Constitution’s ability to function as a legal mechanism for emotion management, and shaped its status as a national symbol.
The Rise Of The American Adversary System: America Before England, Randolph N. Jonakait
The Rise Of The American Adversary System: America Before England, Randolph N. Jonakait
Articles & Chapters
The standard versions of the adversary system's development show that as more lawyers participated in English criminal trials in eighteenth century England criminal procedure became increasingly adversary. Those versions largely ignore American history which shows that the colonies and early America did not simply adopt the English adversary system but moved to an adversary system in advance of England. This article discusses data and developments indicating America's early adoption of an adversary system, including the American guarantee of a right of counsel, the routine presence of counsel in criminal cases in the colonies and the new United States, the American …
The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait
The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait
Articles & Chapters
After Crawford v. Washington asserted that the Confrontation Clause constitutionalized the common law right of confrontation, cases have been suggested that illustrate that right. This short essay considers whether the 1779 English case Rex v. Brasier is such a decision, as some contend. The essay concludes that Brasier says nothing about the right of confrontation and points to a comparable framing-era, American case that indicates that general rules about hearsay and confrontation were not at issue. The essay maintains that if the historical understandings of the right of confrontation and hearsay are to control the Confrontation Clause, then framing-era, American …