Legal History Commons^™

The "Dix-Hill Cartel" For The General Exchange Of Prisoners Of W Arentered Into Between The Union And Confederate Armies (22 July 1862), Howard S. Levie

International Law Studies

No abstract provided.

Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold

Articles by Maurer Faculty

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

Articles by Maurer Faculty

No abstract provided.

The History Of Legal Education In Virginia, William Hamilton Bryson

Law Faculty Publications

Many methods of legal education have been used over the years. Each has its strengths and its weaknesses. The study of the past is instructive and useful in showing both the good and bad goals and methods. We must cultivate the good and uproot the bad. This study suggests that there has always been progress, slow but constant improvement. The teaching of law is vital to the administration of justice, a noble cause. The continuing challenge is ever to strive for the improvement thereof.

Notes On Virginia Civil Procedure, William Hamilton Bryson

Law Faculty Publications

This book is an outline of the introductory course on Virginia civil procedure which the author teaches at University of Richmond. The purpose of this publication is to give the students an introduction to the subject which can be read prior to the classroom discussion. It is a very brief sketch of the subject, but there are references in the footnotes to cases and statutes or to secondary works which give case references. The scope of my course and of this book excludes all federal law, criminal law and habeas corpus, evidence, creditors' rights, and probate proceedings; these matters are …

The Legal Profession: A Look Into The Future, William B. Spong Jr.

Popular Media

No abstract provided.

New Developments In Law In The People's Republic Of China, Stanley B. Lubman

Northwestern Journal of International Law & Business

Recently, Chinese leaders have begun to promote the development of legal standards andformal legal institutions for China. In this article, Mr. Lubman explores the background and current status of the role of law in China and assesses its relationship to China's economic development, domestic politics, and international economic relations. Mr. Lubman suggests that students of Chinese law must create new theoreticalperspectives to study the new developments.

China's Changing Constitution , Jerome Alan Cohen

Northwestern Journal of International Law & Business

In 1978, the People's Republic of China promulgated its third constitution since the communist revolution. In many respects, the new constitution reflects the attitudes andpolicies of Peking's current leadershp. In this article, Professor Cohen analyzes the changes wrought by the new constitution in property relations, restraints on executive power, and the protection of individual liberties by comparing it with its predecessors.

A Note On The Georgia Contracts Code, Julian B. Mcdonnell

Scholarly Works

Among all of these codes, the present Code of Georgia enjoys a distinguished pedigree. It traces its origins and many of its provisions to the original Georgia Code of 1860. The story of that original Georgia Code has been largely lost to history, undoubtedly because it arrived simultaneously with the Civil War. For its time, the Georgia Code of 1860 was a remarkable legal document. Previous codifications in Anglo-American jurisdictions had been limited to reducing statutory materials to systematic written form or establishing new procedural systems. The Georgia Code of 1860 was the first codification of the substantive areas of …

Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green

Reviews

JAMES GIVEN has produced the first systematic book-length treatment of the sociology of medieval English crime. His work does not pretend to be comprehensive: it deals only with homicide. Nor does it cover more than a century, the thirteenth; the author has wisely left the earlier system of criminal law, based on private compensation, to other scholars, and he says just enough about late thirteenth- and early fourteenth- century social and legal change to suggest he believes that that period, too, must await its own interpretation. Still, the social history of homicide in the thirteenth century proves itself fascinating terrain, …

Ideology And History, David F. Forte

Law Faculty Articles and Essays

I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also …

Book Review. The Just War In The Middle Ages By Frederick H. Russell, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.

Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash

Vanderbilt Law Review

The results most relevant to the concerns of this Article are of course the effects upon how we judge the judges-for almost always we are sufficiently Whiggish to attempt such a judgment, either explicitly or implicitly. At times the consequence of so summing can be to imagine that one catches the judicial conscience by asking questions phrased as Sentence D's query, whether the judges"collaborated" in a system of racial oppression. When we put the question this way, two unfortunate things happen. First, we create a verbal and historical muddle, for if anything ought to be clear by now it is …

St. George Tucker, John Marshall,And Constitutionalism In The Post-Revolutionary South, Charles T. Cullen

Vanderbilt Law Review

A study of Marshall's early career suggests several reasons for constitutionalism fundamentally different from that of Tucker, a constitutionalism that became law in the early Republic because of Marshall's position on the Supreme Court. The writings and careers of southern constitutionalists like Tucker also merit further study in order to fully appreciate the growing divergence between the views originally expressed by him and those embraced by the nationalists, who decreased in number in the South after Marshall's time. Finally, we should develop a better understanding of the influence of southerners on the formation of legal and constitutional systems in other …

Foreword, James W. Ely, Terry Calvani

Vanderbilt Law Review

In the hope of giving some direction for a regional approach to the legal past of the South, Vanderbilt Law School, with the generous assistance of the University Research Council, sponsored a two-day Symposium on this important topic in the spring of 1978 and invited leading scholars to participate. Principal papers by Richard Maxwell Brown, Maxwell H. Bloomfield, Robert M. Ireland, A. E. Keir Nash, and Robert J. Haws and Michael V. Namorato discussed diverse aspects of southern legal history.

Treaty Of Peace Between The Allied And Associated Powers, Of The One Part, And Germany, Of The Other Part (Versailles, 28 June 1919), Howard S. Levie

International Law Studies

No abstract provided.

Agreement Between Germany And The Russian Socialist Federal Soviet Republic With Regard To The Mutual Repatriation Of Prisoners Of War And Interned Civilians (Berlin, 19 April1920), Howard S. Levie

International Law Studies

No abstract provided.

Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.

Advocacy As Moral Discourse, Thomas L. Shaffer

Journal Articles

Advocacy at its best is a form of reconciliation. It reconciles the advocate with those whose champion he proposes to be. It reconciles the advocate with his hearers. It reconciles the person whose cause is advocated with the persons who hear advocacy. It brings to community life a new sense of the interests of those the community neglects. It seeks to make things better. It is moral discourse.

This article will examine advocacy in two contexts. The first is advocacy to an institution, conducted in the name of justice or the welfare of the community; one might call this first …

Hope In The Life Of Thomas More, Thomas L. Shaffer, Stanley Hauerwas

Journal Articles

The seduction of power is as perennial as the threat of power spurned. Power is a medium for good and evil. Lawyers and politicians and their victims—Nixon and his cronies, for examples—come and go; but the moral problems of how to use power, how to live with it and leave it behind, remain.

One way to look at the moral problem of power is to ask how a virtuous person uses power, and lives close to power, without losing the sense of self which is necessary to negotiate the temptations of power. We propose to ask that question with respect …

Conditions Of An Armistice Between The Allied And Associated Powers And Germany (Compiegne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.

Treaty Of Peace Between Russia And Esthonia (Tartu, 2 February 1920), Howard S. Levie

International Law Studies

No abstract provided.

Rules Of Aerial Warfare Drafted By An International Commission Of Jurists Established By The 1922 Washington Diplomatic Conference On The Limitation Of Armament (The Hague, 19 February 1923), Howard S. Levie

International Law Studies

No abstract provided.