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Legal History Commons

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Articles 1 - 8 of 8

Full-Text Articles in Legal History

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond Dec 2015

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.


Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond Dec 2015

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.


Intellectual Authority And Institutional Authority, Charles W. Collier Aug 2015

Intellectual Authority And Institutional Authority, Charles W. Collier

Charles W. Collier

This is an essay about the power of ideas and the influence of institutions. What Gibbon termed the pure. "force of persuasion," unaided and unhindered by institutional context, I refer to as "intellectual authority." This has been defined as "the authority exerted by arguments that make their way simply by virtue of a superior rationality and do not depend for their impact on the lines of power and influence operating in an institution." The contrastive notion of "institutional authority" refers to the nonintellectual influence exerted by social, political, cultural, historical, legal, literary, educational, religious, and other institutions. The nonintellectual influence …


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan Jul 2015

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


Roll Over Langdell, Tell Llewellyn The News: A Brief History Of American Legal Education, Stephen R. Alton Jul 2015

Roll Over Langdell, Tell Llewellyn The News: A Brief History Of American Legal Education, Stephen R. Alton

Stephen Alton

The origin of this essay is a presentation the author made at the Office of the Attorney General of the State of Texas on December 10, 2008. This essay is derived from the author's presentation, which originally was entitled "A Brief and Highly Selective History of American Legal Education and Jurisprudence. " In this essay, the author provides an overview of the history and development of legal education in America, emphasizing the establishment and evolution of the case method of instruction in American law schools and focusing on the influence of American jurisprudence on the development of legal education in …


Developmental Learning Theory And The American Law School Curriculum, 3 J. Marshall (Atlanta) L.J. 33 (2009), Steven D. Schwinn Jun 2015

Developmental Learning Theory And The American Law School Curriculum, 3 J. Marshall (Atlanta) L.J. 33 (2009), Steven D. Schwinn

Steven D. Schwinn

No abstract provided.


Foreword, 31 J. Marshall L. Rev. 299 (1998), Celeste M. Hammond Jun 2015

Foreword, 31 J. Marshall L. Rev. 299 (1998), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.


A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner Jan 2015

A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner

James R Maxeiner

Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds …