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Full-Text Articles in Legal History

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff Apr 2024

Pretrial Commitment And The Fourth Amendment, Laurent Sacharoff

Notre Dame Law Review

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the “warrant of commitment.” Judges issued these warrants to jail defendants pending trial. This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant—a process that currently falls far short of fulfilling its constitutional and historical function. History supports …


Turning Points In The History Of St. Mary’S University School Of Law (1980–1988), Vincent R. Johnson Aug 2019

Turning Points In The History Of St. Mary’S University School Of Law (1980–1988), Vincent R. Johnson

St. Mary's Law Journal

St. Mary’s University School of Law in San Antonio, Texas has existed for nearly a century. Thus far, there have been seven important written histories of St. Mary’s University School of Law, but no one has yet attempted to write a comprehensive history of the law school, nor have any members of the faculty published autobiographies. Having taught law at St. Mary’s since 1982, Professor of Law Vincent R. Johnson shares his first-hand account about the life of the law school during most of the 1980s (specifically 1980 to 1988). That period encompasses the bulk of the deanship of James …


An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú Apr 2019

An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú

St. Mary's Law Journal

Dean Emeritus Charles E. Cantú has worked at St. Mary’s University since 1966 when Dean Ernest A. Raba first hired him. He served as the youngest law professor in the nation at the age of twenty-five, and the first full-time Hispanic law professor. After a considerable tenure working at all three locations of St. Mary’s University School of Law and serving under four of the school’s most recent former deans, this article offers his personal recollections and observations of the history of the law school from the 1960s to the present.

This article is the culmination of a ten-hour oral …


50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe Mar 2019

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of the St. Mary’s Law …


The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright Aug 2018

The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright

St. Mary's Law Journal

The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge. …


College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler Oct 2017

College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler

Dickinson Law Review (2017-Present)

No abstract provided.


Founding Legal Education In America, Paul D. Carrington Feb 2013

Founding Legal Education In America, Paul D. Carrington

Pepperdine Law Review

Thomas Jefferson is rightly recognized as the author of the Declaration of Independence, but less well known to the public is the role of his professional mentor and close friend George Wythe, who assisted in drafting the Declaration and served as both a law professor and Chancellor. Among Wythe's mentees were future President James Monroe, John Marshall, Henry Clay, and many others who played a role in shaping the Nation. This symposium paper explores the foundations of American legal education in the antebellum era, a short account of which confirms that the Founders understood that a republic needs experienced lawyers …


A Comment On The Instruction Of Constitutional Law, William H. Rehnquist Jan 2013

A Comment On The Instruction Of Constitutional Law, William H. Rehnquist

Pepperdine Law Review

No abstract provided.


Introduction: Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum, Nancy Levit Mar 2012

Introduction: Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum, Nancy Levit

UMKC Law Review

An introduction is presented in which the editors discuss stories of women legal educators, who have served as Chair of the Association of American Law Schools' (AALS) Women in Legal Education Section in the U.S. and what that service meant to them over the years.


Looking Ahead: The Future Of Child Welfare Law, Donald N. Duquette Oct 2007

Looking Ahead: The Future Of Child Welfare Law, Donald N. Duquette

University of Michigan Journal of Law Reform

Introduction to a 2007 Symposium held to mark the Thirtieth Anniversary of the Child Advocacy Clinic.


Cambridge Law School For Women: The Evolution And Legacy Of The Nation's First Graduate Law School Exclusively For Women, Nina A. Kohn Jan 2005

Cambridge Law School For Women: The Evolution And Legacy Of The Nation's First Graduate Law School Exclusively For Women, Nina A. Kohn

Michigan Journal of Gender & Law

Although several scholars have briefly discussed CLSW in conjunction with work on other subjects, this Article presents the first comprehensive history of the school. The Article begins in Section Two by exploring how and why CLSW came into being in 1915 after two young Radcliffe suffragists led an unsuccessful campaign for admission to Harvard Law School. Section Three examines the design, pedagogical foundations, and day-to-day workings of the school during its first two years. Sections Four and Five explore the historical events that led to CLSW's closure in 1917. These sections also document and discuss the school's subsequent, and previously …


The Case For (And Against) Harvard, Robert W. Gordon May 1995

The Case For (And Against) Harvard, Robert W. Gordon

Michigan Law Review

A Review of Logic and Experience: The Origin of Modern American Legal Education by William P. LaPiana


Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton May 1994

Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton

University of Michigan Journal of Law Reform

This Note explores the relationship between legal education and the legal profession, and what can be done to stop the two institutions from drifting farther and farther apart. Part I examines the history of the American law school, focusing on how the schools came into existence and what goals they intended to serve. Part II questions whether these goals have been reached, and dissects the present-day law school curriculum in search of both its triumphs and its failures. A necessary part of this curriculum analysis includes examining the evolution of the profession into a creature of both law and business, …


From Homer To Hegel: Ideas Of Law And Culture In The West, John Witte Jr. May 1991

From Homer To Hegel: Ideas Of Law And Culture In The West, John Witte Jr.

Michigan Law Review

A Review of The Human Measure: Social Thought in the Western Legal Tradition by Donald R. Kelley


Roman Law As A Political Agenda, Mathias Reimann May 1991

Roman Law As A Political Agenda, Mathias Reimann

Michigan Law Review

A Review of The Legacy of Roman Law in the German Romantic Era by James Q. Whitman


Where They Are Now: The Story Of The Women Of Harvard Law 1974, Lissa M. Cinat May 1987

Where They Are Now: The Story Of The Women Of Harvard Law 1974, Lissa M. Cinat

Michigan Law Review

A Review of Where They Are Now: The Story of the Women of Harvard Law 1974 by Jill Abramson and Barbara Franklin


The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown Jan 1985

The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown

University of Michigan Journal of Law Reform

The intellectual history of the University of Michigan Law School is recorded in the titles of contributions to legal literature published from its organization in October 1859 to the present. These writings demonstrate a continued commitment to legal scholarship and illustrate both the changing patterns in the subjects chosen for research and writing, and the methods utilized for treatment of the subjects.


Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman Feb 1984

Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman

Michigan Law Review

A Review of Law School: Legal Education in America From the 1850s to the 1980s by Robert Stevens


Schiller: An American Experience In Roman Law, Charles Donahue Jr. May 1973

Schiller: An American Experience In Roman Law, Charles Donahue Jr.

Michigan Law Review

A Review of An American Experience in Roman Law by A. Arthur Schiller


One Hundred Eightieth Anniversary Feature: William And Mary: America's First Law School, Fred B. Devitt Jr. Mar 1960

One Hundred Eightieth Anniversary Feature: William And Mary: America's First Law School, Fred B. Devitt Jr.

William & Mary Law Review

No abstract provided.