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The Opinion Volume 19 Number 9 – February 22, 1979, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 22, 1979

The Opinion Volume 19 Number 8 – February 8, 1979, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 8, 1979

The Opinion Volume 19 Number 7 – January 25, 1979, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated January 25, 1979

Introduction To Book Iv, Thomas A. Green

Other Publications

The final volume of Blackstone's Commentaries sets forth a·lucid survey of crime and criminal procedure informed by those propositions concerning English law and the relations between man and state that characterize the entire work. Perhaps no area of the law so tested Blackstone's settled and complacent views as did the criminal law, particularly the large and growing body of statutory capital crimes. In the end, Blackstone failed to demonstrate that English criminal law reflected a coherent set of principles, but his intricate and often internally contradictory attempt nevertheless constitutes a classic description of that law, and can still be read …

Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato

Faculty Working Papers

The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of long­term uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.

Review Of Crime In England, 1550-1800, Thomas A. Green

Reviews

Crime in England, 1550-1800, is the second collection of essays on the social history of crime and the criminal law in early modern England to appear in recent years. Together with the essays in Albion's Fatal Tree (1975),' these offerings advance our knowledge of the subject considerably. To be sure, as G. R. Elton cautions, there are methodological problems in a field so new, and Elton's "Introduction" will serve as an excellent starting point for readers concerned with such matters. We must nevertheless recognize the accomplishments of the new school of socio-legal historians. The essays in this volume deal with …

Luther And The Justifiability Of Resistance To Legitimate Authority, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

The Land Rights Of Indigenous Canadian Peoples, Brian Slattery

Brian Slattery

The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.

Probability Theory Meets Res Ipsa Loquitor, David H. Kaye

Journal Articles

Day in and day out, attorneys, judges, and jurors must estimate probabilities. To be sure, we rarely quantify such estimates of probability and almost never adopt the terminology and mathematics of probability theory to resolve matters. Nevertheless, the mathematical theory of probability can be applied to legal problems in various ways. This article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. While not urging that jurors be instructed in probability theory or be equipped with microprocessors, it does seek an accurate statement of the res ipsa doctrine …

Balzacian Legality, Thomas E. Carbonneau

Journal Articles

The study of law and literature is an area of growing interest to legal scholars in the United States. Honore de Balzac incorporated in his works a panoramic view of the social reality of nineteenth century France. In this context, the fidelity of Balzac's plots and characters to their external models has been well-documented in a number of fields, including sociology, commerce, and finance. In addition to this penchant for realism, however, Balzac laced his novels with an equally evident moral content. This commitment to accuracy and morality also influenced Balzac's novelistic treatment of the law and lawyers.

Balzac's work …

Marbury V. Madison, Lord Coke And Dr. Bonham: Relics Of The Past, Guidelines For The Present: Judicial Review In Transition?, George P. Smith Ii

Scholarly Articles

It will be the purpose of this article to explore the modern significance of Coke's influence as analyzed and interpreted through the famous Bonham's Case and thereby to provide an insight into the development of our own concepts of judicial review, as borrowed from the English, in its original historical-legal perspective and as seen through the decision in Marbury v. Madison and applied modernly in the principal case of Baker v.Carr.

David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield

Scholarly Articles

In recent years scholars have paid increasing attention to the concept of "republicanism" as a measure of cultural change in America during the late eighteenth and early nineteenth centuries. To the Revolutionary generation republicanism connoted most obviously a representative form of government, based upon popular sovereignty and limited in its powers by a written constitution. But republican ideology encompassed far more than the restructuring of political institutions. It called for a regenerated society as well, in which men should be encouraged to pursue their individual destinies with a minimum of interference from public authorities. Civic morality and self-determination were closely …

Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall

Vanderbilt Law Review

Justice Oliver Wendell Holmes, Jr., once urged historians to study the law because it offered a magic mirror whose reflections divulged fundamental social values.' Holmes' plea on behalf of the utility of legal history has relevance for southerners intrigued by the possibility of their historical distinctiveness. Without a basis of comparison, however, the search for southern exceptionality becomes a quest after the arcane. As C. Vann Woodward observed,southern history ought to tell all Americans, not southerners alone,something about their common pasts. Woodward argued that attaining this goal was entirely feasible, since certain aspects of the southern past, such as slavery …

Law Books And Legal Publishing In America, 1760-1840, Jenni Parrish

Faculty Scholarship

No abstract provided.

Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio

Indiana Law Journal

This article was delivered on March 15 & 16, 1979, at the Indiana University School of Law, Bloomington, as a part of the Addison C. Harris lecture series.

Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie

International Law Studies

No abstract provided.

The Texas Bar In The Nineteenth Century, Maxwell Bloomfield

Scholarly Articles

No abstract provided.

Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.

The History Of Legal Education In Virginia, W. Hamilton Bryson

University of Richmond Law Review

The English Inns of Court in London had ceased to perform their educational functions in the middle of the seventeenth century. For the next hundred years or so, there was no formal or organized instruction of the English common law. Lawyers, both barristers and solicitors in England and in America, learned their profession as best they could in unstructured situations. They learned by serving as apprentices or clerks to practicing lawyers, by the independent reading of law books, and by observation in the courtroom itself.

The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau

Seattle University Law Review

Legal philosophers, especially of the positivist variety, traditionally have assumed that the proponents of natural law theory present too facile an answer to the vexed question of whether an unjust law can be said to exist when it is duly sanctioned by legal and political authority. If not disappointed by the answer itself, they have been most unhappy with the explanation that accompanies it and, indeed, are prepared to challenge the very foundations of a theory of law which pays so little heed—either empirically or in terms of pure logic—to the actual operations of existing legal systems. Kant initiated the …

State Sovereignty--A Polished But Slippery Crown, Kenneth F. Ripple, Douglas W. Kenyon

Journal Articles

During the past decade, the Supreme Court has decided two notable cases which have had, it is certain, the effect of greatly enhancing both the theoretical and the practical significance of the tenth and eleventh amendment-based concept of "state sovereignty." As a consequence, there has been an acceptance, at least in the "conventional wisdom," of the proposition that the star of "state sovereignty"—long dulled since Mr. Justice Stone's famous remark in United States v. Darby—is now on a steadily ascending course at the hands of a Court clearly concerned about restoring a sense of balance in "Our Federalism." Analysis—and prognostication—in …

Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie

International Law Studies

No abstract provided.

Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog

Buffalo Law Review

No abstract provided.

Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones

Vanderbilt Law Review

This brief survey has superficially touched upon the most prominent works of the historiography of slavery and has ignored the large mass of work on subjects such as slavery in the various states, slave rebellions, slave reminiscences, and the anti-slavery crusade. With the exception of the Civil War, perhaps more has been written about slavery than any other aspect of southern history. Despite the great amount of scholarship devoted to the study of slavery, however, there has been, as Keir Nash points out, little scholarly work done on the legal history of slavery. One hopes this gap will be bridged …

The Tennessee County Courts Under The North Carolina And Territorial Governments: The Davidson County Court Of Pleas And Quarter Sessions, 1783-1796, As A Case Study, Theodore Brown Jr.

Vanderbilt Law Review

This Note will attempt to provide the framework for a more extended institutional examination of the post-revolutionary courts that functioned in the counties of western-most North Carolina and,beginning in 1790, the Territory South of the River Ohio before their organization into the new state of Tennessee in June 1796. The Note initially will set forth the jurisdiction and the regulatory authority of the county courts of pleas and quarter sessions under the North Carolina and territorial governments, will describe the jurisdiction and authority of the courts' individual justices, and will examine the role of the petit jury in exercising a …

David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield

Maryland Law Review

No abstract provided.

Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard

University of Richmond Law Review

A decade ago Stanley Katz asserted that the eighteenth century American lawyer exhibited "a surprising familiarity with contemporary English law and a high degree of technical competence," and challenged legal historians to reappraise traditional views of the colonial bar. To a great extent this task has been undertaken, but the legal history of early Virginia still languishes. Anxious to rectify this situation, Professor W. Hamilton Bryson of the University of Richmond School of Law has compiled a "census" of law books in early Virginia, hoping to "shed some light on the law which shaped the lawyers who shaped the nation."

Comments On The History Of Plea Bargaining, Lynn M. Mather

Journal Articles

No abstract provided.

Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter

Research Collection Yong Pung How School Of Law

The war in Vietnam was the source of a great deal of social, political, and legal controversy. The impact of that war on our society was significant and substantial, but most students of the experience would probably not have predicted that the war's events would produce a lawsuit that could have a significant effect on the common law tort of defamation. The intriguing saga of Lt. Colonel Anthony Herbert, however, set the stage for the decision of a case that was almost as important to libel litigants as New York Times Co. v. Sullivan and Gertz v. Robert Welch, Inc.

The "Fast-Track" Procedure: Problems Of Implementation, David N. Wall

Michigan Journal of International Law

The Trade Act of 1974 represented the most significant reformulation of United States international economic policy since the Trade Agreements Act of 1934. Responding to criticism from several quarters, Congress included in the Act major additions to the laws dealing with unfair foreign trade practices. In particular, the Act contained several measures intended to expedite the processing of antidumping complaints. One of these measures, the so-called "fast-track" provision, created a potentially powerful administrative mechanism to permit the summary dismissal of clearly unmeritorious complaints. Unfortunately, implementation of this amendment has suffered from a lack of legislative guidance, and it is not …