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Full-Text Articles in Legal History

Flipping The Script On Brady, Ion Meyn Jul 2020

Flipping The Script On Brady, Ion Meyn

Indiana Law Journal

Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this

reason, is understood to burden the prosecutor. This Article asks whether Brady also

benefits the prosecutor, and if so, how and to what extent does it accomplish this?

This Article first considers Brady’s structural impact—how the case influenced

broader dynamics of litigation. Before Brady, legislative reform transformed civil

and criminal litigation by providing pretrial information to civil defendants but not

to criminal defendants. Did this disparate treatment comport with due process?

Brady arguably answered this question by brokering a compromise: in exchange for

imposing minor obligations on …


Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher Jan 1989

Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Book Review. Criminal Defense As Narrative: Storytelling And Royal Pardons In Renaissance France, Richard M. Fraher Jan 1988

Book Review. Criminal Defense As Narrative: Storytelling And Royal Pardons In Renaissance France, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Book Review. Societal Versus Official Law, Morris S. Arnold Jan 1985

Book Review. Societal Versus Official Law, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


The Theoretical Justification For The New Criminal Law Of The High Middle Ages: "Rei Publicae Interest, Ne Crimina Remaneant Impunita", Richard M. Fraher Jan 1984

The Theoretical Justification For The New Criminal Law Of The High Middle Ages: "Rei Publicae Interest, Ne Crimina Remaneant Impunita", Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Book Review. Radzinowicz, L., A History Of English Criminal Law, Jerome Hall Jan 1949

Book Review. Radzinowicz, L., A History Of English Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Maestro, M. T., Voltaire And Beccaria As Reformers Of Criminal Law, Jerome Hall Jan 1943

Book Review. Maestro, M. T., Voltaire And Beccaria As Reformers Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Prolegomena To A Science Of Criminal Law, Jerome Hall Jan 1941

Prolegomena To A Science Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Letter Written By Judge David Mcdonald To President Andrew Johnson, David Mcdonald May 1865

Letter Written By Judge David Mcdonald To President Andrew Johnson, David Mcdonald

David McDonald (1842-1853)

Handwritten draft letter written by Judge David McDonald to President Andrew Johnson, dated May 10, 1865. The letter discusses the treason case against William Bowles, Lambdin P. Milligan, and Stephen Horsey. McDonald urges President Johnson to set aside the scheduled execution of the three men until the United States Supreme Court had a chance to review the case. The Supreme Court ultimately set aside the convictions in the case titled Ex parte Milligan.