Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in Legal History

The Penn Cases, Samuel P. Weaver May 1929

The Penn Cases, Samuel P. Weaver

Washington Law Review

The Penn cases came at the climax of one of the most vital periods of English history The Stuart kings had denied the people many of the liberties defined by the Magna Carta and the Common Law, and additional privileges won through the centuries. James II had used every effort to repress the independence of the bar and had in fact prostituted the independence of the bench to the arbitrary prerogative of the lng. Charles II was attempting to evade the provisions of the Petition of Right, wrung from his father through the efforts of Lord Coke and other eminent ...


Sources Of The Constitution Of The United States Of American, By Ellis Stevens, Ivan M. Stone Mar 1929

Sources Of The Constitution Of The United States Of American, By Ellis Stevens, Ivan M. Stone

Indiana Law Journal

No abstract provided.


Analysis Of Tort Cases, Leon Green Jan 1929

Analysis Of Tort Cases, Leon Green

Faculty Scholarship Series

The discussion of any problem of law must begin with the
assumption that it can be adequately handled by some accepted
legal theory, or that it can be made to submit to some
such theory yet to be designed. An adequate working
hypothesis is as necessary to a legal science as to any other
science. Needless to say there has been no comprehensive
system of legal theory designed to take care of all the problems
which arise under government. Any system which there
may be is made up of numerous fragmentary parts, each
fashioned to handle a particular group of ...


Book 13 Sept 1928 - June 1929 Jan 1929

Book 13 Sept 1928 - June 1929

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Library use greatly increasing; details decisions made to improve and expand the library, working with the Knoxville Bar Association.


The Duty Problem In Negligence Cases: Ii, Leon Green Jan 1929

The Duty Problem In Negligence Cases: Ii, Leon Green

Faculty Scholarship Series

In the part of this paper published in an earlier number of the REVIEW,
I sought to develop the idea that legal "duties" are determined
by factors outside any legal theory which has yet crystallized. These
factors were designated: (1) The administrative factor; (2) the moral
or ethical factor; (3) the economic factor; (4) the prophylactic factor;
(5) the justice factor. The first was briefly discussed. Space
limitations require that the others be dealt with in gross rather than
singly, and in view of this I hastily point the direction taken by each
of them.


Are There Dependable Rules Of Causation, Leon Green Jan 1929

Are There Dependable Rules Of Causation, Leon Green

Faculty Scholarship Series

The cases involving "cause" problems are multiple, but may
be classified for the purpose of this discussion into two types.
The simplest type assumes, first, that the defendant has done
something; second, that another person has suffered some hurt;
and third, that the defendant is responsible, if there is causal relation
between the defendant's conduct and the other's hurt. This
relation between conduct and hurt must be found in all cases,
whether classified as crime, tort or otherwise. It arises in many
forms.


The Doctrine Of Sovereignty Under The United States Constitution, Hugh Evander Willis Jan 1929

The Doctrine Of Sovereignty Under The United States Constitution, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


The Governor's Approval Of Legislation In Connecticut, Walter F. Dodd Jan 1929

The Governor's Approval Of Legislation In Connecticut, Walter F. Dodd

Faculty Scholarship Series

THE Supreme Court of Errors of Connecticut in the case of State v.
McCook, decided July 25, 1929, determined an important question as
to the time within which the governor may approve legislation in that
state. Article IV, ยง 12, of the constitution of Connecticut, framed in
1818, is, with verbal changes, and with differences of the period for
executive consideration and in legislative majorities, substantially the
same as the provision of the constitution of the United States with respect
to executive approval or disapproval of legislation.


Constitutional Problems Involved In The Mccook Case, Walter F. Dodd Jan 1929

Constitutional Problems Involved In The Mccook Case, Walter F. Dodd

Faculty Scholarship Series

The Supreme Court of Errors of Connecticut in the case of
State v. McCook, decided July 25, 1929, determined an important
question as to the time within which the governor may approve
legislation in this State. Article IV, sec. 12 of the constitution
of Connecticut, framed in 1818, is, with verbal changes, and
with differences of the period for executive consideration and
in legislative majorities, substantially the same as the provision
of the constitution of the United States with respect to executive
approval or disapproval of legislation.


Some Observations On The Law Of Evidence: Family Relations, Donald Slesinger, Robert M. Hutchins Jan 1929

Some Observations On The Law Of Evidence: Family Relations, Donald Slesinger, Robert M. Hutchins

Faculty Scholarship Series

E XCEPT In cases of necessity' the wife was incompetent to
testify for or against her husband at common law Coke
suggests that the reason for the rule lay in the fact that husband
and wife were one, and naturally could not be divided for the
purposes of testimony Although the courts soon got beyond this
doctrine, they insisted on the value of the rule. They argued that
spouses, though perhaps not physically identical, were identical
in interest. When disqualification by interest was removed, the
judges bad to take other ground, and did so in Stapleton v
Crofts.' There they ...


Some Observations On The Law Of Evidence -- Consciousness Of Guilt, Donald Slesinger, Robert M. Hutchins Jan 1929

Some Observations On The Law Of Evidence -- Consciousness Of Guilt, Donald Slesinger, Robert M. Hutchins

Faculty Scholarship Series

Consciousness of guilt is another state of mind that raises a
new set of legal and psychological problems. Wigmore dramatically
states its significance when he says:
"As an axe leaves its mark in the speechless tree, so an
evil deed leaves its mark in the evil doer's consciousness."
Again:
"The reliance is not upon the testimonial credit of a person,
but upon psychologic forces closely analogous to the
forces of external nature."
As a result, we are not here concerned, as in the case of state of
mind to prove an act, with the hearsay rule or an exception ...


Proximate Sources Of The Constitution, Clarence Emmett Manion Jan 1929

Proximate Sources Of The Constitution, Clarence Emmett Manion

Journal Articles

The average American who thinks of our Federal Document only in terms of the Philadelphia Convention may not have fully appreciated the fact that before the surrender of Cornwallis at Yorktown, every American State had already achieved its constitutional independence and had established its own organic law, by which it should not only remain free from the foreign dominion of Great Britain, but should also remain an indestructible unit in The American Federal System. He must remember that the "Articles of Confederation and Perpetual Union" which leagued the alleged sovereign and independent States, were in force at the time of ...


In Re Liberty: A Book And Its Critic, Clarence Emmett Manion Jan 1929

In Re Liberty: A Book And Its Critic, Clarence Emmett Manion

Journal Articles

The restrictive craze of American legislators is fast reducing our once virile and individually resourceful population to a race of unthinking automatons. Judicially and otherwise, American liberty and individual competence which is its hand-maid are rapidly being lost. This article discusses the book "Losing Liberty Judicially" by Thomas James Norton and the review of the book by Robert C. Brown.


The Essential Nature Of Law, Hugh Evander Willis Jan 1929

The Essential Nature Of Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.