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Full-Text Articles in Legal History

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page Feb 2014

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page

Cathren Page

Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend ...


Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock Feb 2013

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension ...


The Tenuous Case For Conscience, Steven D. Smith Dec 2011

The Tenuous Case For Conscience, Steven D. Smith

Steven D. Smith

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it ...


Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen Oct 2011

Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen

Alfred C. Yen

In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.


The Lost Lawyers: Early American Legal Literates And Transatlantic Legal Culture, Mary Sarah Bilder Sep 2011

The Lost Lawyers: Early American Legal Literates And Transatlantic Legal Culture, Mary Sarah Bilder

Mary Sarah Bilder

From the author's introduction: Paul C. Kurtz wrote well, spoke and argued eloquently, wore a nice suit, and carried a briefcase. As an observer notes, "He looked 100 percent like a lawyer and conducted himself as a lawyer." Being an actual practitioner of the law, however, does not make one a lawyer in modern America. Lawyer status is conferred only upon those who satisfy formal definitions based on professional education and bar admission. Not surprisingly, on July 7, 1998, Mr. Kurtz was arrested for passing himself off as a lawyer. Three hundred years earlier, an English lord similarly refused ...


Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York Dec 2008

Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 5, The Law Reports, Part Two (1765-1772.), Daniel Coquillette, Neil Longley York Dec 2008

Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 5, The Law Reports, Part Two (1765-1772.), Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Patriots In Defense Of The 'Enemy', Daniel Coquillette Jan 2007

Patriots In Defense Of The 'Enemy', Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Two, The Law Commonplace Book, Daniel Coquillette, Neil Longley York Dec 2006

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Two, The Law Commonplace Book, Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Three, The Southern Journal (1773), Daniel Coquillette, Neil Longley York Dec 2006

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Three, The Southern Journal (1773), Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette May 2006

Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York Dec 2004

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette Dec 2004

'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The Anglo-American Legal Heritage Introductory Materials, Daniel Coquillette Dec 2003

The Anglo-American Legal Heritage Introductory Materials, Daniel Coquillette

Daniel R. Coquillette

This fascinating book about our legal heritage is copiously illustrated with original materials. From our cultural roots in the Roman law, the Anglo-Saxon dooms, and English feudalism, to modern crises of social revolution and reform. Coquillette's work shows how legal culture is part of what has been called the "seamless web" of history. Most introductory books rely heavily, if not exclusively, on secondary sources. This book, however, provides carefully edited and chosen primary sources and culminates with provocative excerpts of the most recent twentieth century historical criticism. Also included are many useful charts and diagrams, and an extensive bibliography ...


The Legal History Of The Twentieth Century, Daniel R. Coquillette Dec 2002

The Legal History Of The Twentieth Century, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette Dec 1998

The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette

Daniel R. Coquillette

A slightly modified version of Chapter 2 appears as "The Lessons of Anglo-Saxon 'Justice.'" The Green Bag. 2d ser. 2, no.3 (Spring 1999): 251-259.


First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette Dec 1995

First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette May 1994

Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette

Daniel R. Coquillette

Also appears in Studi in Memoria Di Gino Gorla, 1605-1633. Tomo II: Dialogo Tra Ordinamenti, Diritto dei Commerci E Diritto Europa Iura Naturalia E Diritti Fondamentali. Italy, 1994, and in translation as "Giuristi Radicali Nel Massachusetts Coloniale: `Countenance of Authority' Lawes and Libertyes." In Il Diritto dei Nuovi Mondi: Atti del Convegno promosso dall'Instituto di Diritto Privato delle Facoltà di Giurisprudenza: Genova, 5-7 novembre 1992, 113-143. Milan: Casa Editrice Dott. Antonio Milani, 1994.


Uncivil Law, Daniel Coquillette Dec 1993

Uncivil Law, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The Mystery Of The New Fashioned Goldsmiths: From Usury To The Bank Of England (1622-1694), Daniel Coquillette Dec 1992

The Mystery Of The New Fashioned Goldsmiths: From Usury To The Bank Of England (1622-1694), Daniel Coquillette

Daniel R. Coquillette

Also appears in Miscellanea Domenico Maffei Dicato Historia Ius Studium, vol. 4, 523-550. Goldbach, Germany: Keip Verlag, 1995.


Francis Bacon, Daniel Coquillette Dec 1991

Francis Bacon, Daniel Coquillette

Daniel R. Coquillette

This is the first modern book to describe Francis Bacon's jurisprudence. He has long been famous as a scientist, philosopher, politician and literary giant, but his career as one of England's greatest lawyers and jurists has been largely overlooked. Bacon's major contribution to Anglo-American jurisprudence is presented in such a way as to be suitable to specialists and non-specialists alike. The purpose is to restore Bacon to his rightful place as England's first true critical and analytical jurist, and to describe how his legal thought related to his other great intellectual achievements.


The Civilian Writers Of Doctors' Commons, London: Three Centuries Of Juristic Innovation In Comparative, Commercial And International Law, Daniel Coquillette Dec 1987

The Civilian Writers Of Doctors' Commons, London: Three Centuries Of Juristic Innovation In Comparative, Commercial And International Law, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette Oct 1987

Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette Feb 1987

Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


The 'Countenance Of Authoritie', Daniel Coquillette Dec 1983

The 'Countenance Of Authoritie', Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Law In Colonial Massachusetts, 1630-1800: A Conference Held 6 And 7 November 1981, By The Colonial Society Of Massachusetts, Daniel Coquillette Dec 1983

Law In Colonial Massachusetts, 1630-1800: A Conference Held 6 And 7 November 1981, By The Colonial Society Of Massachusetts, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Justinian In Braintree: John Adams, Civilian Learning, And Legal Elitism, 1758-1775, Daniel Coquillette Dec 1983

Justinian In Braintree: John Adams, Civilian Learning, And Legal Elitism, 1758-1775, Daniel Coquillette

Daniel R. Coquillette

A portion of this work forms Chapter 2 of The History of Legal Education in the United States: Commentaries and Primary Sources, volume 1, editor, Steve Sheppard, 75-92. Pasadena, CA: Salem Press, 1999.


Ideology And Incorporation Ii: Sir Thomas Ridley, Charles Molloy, And The Literary Battle For The Law Merchant, 1607-1676, Daniel R. Coquillette Feb 1981

Ideology And Incorporation Ii: Sir Thomas Ridley, Charles Molloy, And The Literary Battle For The Law Merchant, 1607-1676, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Legal Ideology And Incorporation I: The English Civilian Writers, 1523-1607, Daniel R. Coquillette Dec 1980

Legal Ideology And Incorporation I: The English Civilian Writers, 1523-1607, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Mosses From An Old Manse: Another Look At Some Historic Property Cases About The Environment, Daniel R. Coquillette May 1979

Mosses From An Old Manse: Another Look At Some Historic Property Cases About The Environment, Daniel R. Coquillette

Daniel R. Coquillette

Also appears in Land Use and Environment Law Review 12 (1981): 67-127, and in International Library of Essays in Law and Legal Theory: Environmental Law, edited by Michael C. Blum, 107-67. New York: New York University Press, 1992.