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Articles 1 - 12 of 12
Full-Text Articles in Legal History
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Articles
When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Michigan Law Review
A Review of Verdict According to Conscience by Thomas Andrew Green
The Medieval English County Court, Stephen D. White
The Medieval English County Court, Stephen D. White
Michigan Law Review
A Review of The County Courts of Medieval England, 1150-1350 by Robert C. Palmer
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
Michigan Law Review
A Review of The Cardinal's Court: The Impact of Thomas Wolsey in Star Chamber by John A. Guy
Dawson: A History Of Lay Judges, Spencer L. Kimball
Dawson: A History Of Lay Judges, Spencer L. Kimball
Michigan Law Review
A Review of A History of Lay Judges . By John P. Dawson
Keeney: Judgment By Peers, Michigan Law Review
Keeney: Judgment By Peers, Michigan Law Review
Michigan Law Review
A Review of JUDGMENT BY PEERS. By Barnaby C. Keeney.
Place Of Trial Of Civil Cases, William Wirt Blume
Place Of Trial Of Civil Cases, William Wirt Blume
Michigan Law Review
Places involved in a study of place of trial may be classified in various ways. The most general classification is: (1) Places within one sovereignty, (2) Places in different sovereignties. Where there is choice of place within one sovereignty, the only rational basis for making the choice is convenience-convenience of the parties, jurors, witnesses, and of the court itself. The same is true when the choice is between courts of different sovereignties, but without cooperation between the sovereignties rational choice may not be possible. The purpose of this discussion is to compare choice of place in England before 1800 with …
Historic Origins Of Admiralty Jurisdiction In England, Lionel H. Laing
Historic Origins Of Admiralty Jurisdiction In England, Lionel H. Laing
Michigan Law Review
The process of the common law courts when resorted to by foreigners appears to have failed entirely to give redress. Arbitration and other treaties were tried without satisfaction. Finally, in 1337, Edward III found himself obliged to pay out of his own pocket for spoils committed upon Flemish, Genoese and Venetian merchants by his own subjects. This was no international gesture, for it was dictated by necessity, since the English monarch, engaged in a struggle with France, wished to retain the aid of his allies. It thus became urgent to suppress piracy, which was the plague of the Channel.
Some Aspects Of Fifteenth Century Chancery, Willard T. Barbour
Some Aspects Of Fifteenth Century Chancery, Willard T. Barbour
Articles
IT is now more than thirty years since Justice Holmes in a brilliant and daring essay set on foot an inquiry which has revealed the remote beginnings of English equity. Equity and common law originated in one and the same procedure and existed for a long time, not only side by side, but quite undifferentiated from each other. Their origin is to be found in the system of royal justice which the genius of Henry II converted into the common law; but this royal justice was in the beginning as much outside of, or even antagonistic to, the ordinary judicial …
English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross
English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross
Michigan Law Review
In view of the part which the judges played for a4d against the first two STUARTS, and in view of the grievances of the subject under the law as administered in the ordinary courts 2 -to say nothing of the Star Chamber and the High Commission-it was to be expected that, in the great political and religious upheaval resulting from the Puritan Revolution and the ensuing Civil War, the legal edifice could not remain unshaken. As is well known, one of the early acts of the Long Parliament, in the summer of 1641, was to ab6lish the Star Chambei, the …
The Attaint, John M. Zane
The Attaint, John M. Zane
Michigan Law Review
The assize of novel disseisinoriginally lay against the disseisor in possession in favor of the disseisee, and was soon extended to the heir of -the disseisee, but not against the heir or grantee of the disseisor. But the disseisor might be dead or might have conveyed the land, and in such a case the disseisee would be driven to the writ of right with iis delays and chance of battle. But the cases where the defendant had come into possession under a lawful title which was limited in time and had ceased to exist, i.. e., cases where there was …
The Attaint, John M. Zane
The Attaint, John M. Zane
Michigan Law Review
The practice of attainting a jury was the method by which for centuries the English law corrected an erroneous finding of fact by the body of men who, in course of time, came to be called a jury. Today this necessary corrective of judicial administration is very inadequately performed by the judge or judges presiding over the trial. The proceeding is now called a motion for a new trial. The new trial is inadequate for the reason that it does not, as did the attaint, substitute a correct verdict for the one given. It merely reverses or sets aside the …