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Articles 1 - 8 of 8

Full-Text Articles in Legal History

State Indemnity For Errors Of Criminal Justice, Edwin Borchard Jan 1941

State Indemnity For Errors Of Criminal Justice, Edwin Borchard

Faculty Scholarship Series

All too frequently the public is shocked by the news that Federal or State authorities have convicted and imprisoned a person subsequently proved to have been innocent of any crime. These accidents in the administration of the criminal law happen either through an unfortunate concurrence of circumstances or perjured testimony or are the result of mistaken identity, the conviction having been obtained by zealous prosecuting attorneys on circumstantial evidence. In an earnest effort to compensate in some measure the victims of these miscarriages of justice, Congress in May 1938 enacted a law "to grant relief to persons erroneously convicted in ...


International Law Of War Since The War, Edwin Borchard Jan 1934

International Law Of War Since The War, Edwin Borchard

Faculty Scholarship Series

In all revolutionary periods customary law tends to suffer from emotional attack and from the popular demand for shortcuts to salvation. The function of law as a guaranty of general security, as a source of reliance for the weak, as a necessary foundation for enterprise 'and commitments, as an alternative to force, corruption, and favoritism, is forgotten in the hysterical exaltation of panaceas, punitive methods, and radical departures from tried experience. This is usually accompanied by depreciation of tradition and precedent as obstacles in the way of the new revelation.


Towards Legal Understanding: I, Walter Nelles Jan 1934

Towards Legal Understanding: I, Walter Nelles

Faculty Scholarship Series

The article has two aims: first to explain, and
if possible escape, confusion about what law is and what makes and
changes it; then to go on towards showing how, if at all, law may be
brought nearer to possessing in all its parts what was anciently considered
its essential characteristic-satisfactoriness to all socially tolerable
persons.


Towards Legal Understanding: Ii, Walter Nelles Jan 1934

Towards Legal Understanding: Ii, Walter Nelles

Faculty Scholarship Series

"Men make their own history," including their legal history. But
they make it "not under conditions chosen by themselves, but under
conditions found at hand, given and handed down."2 Though they
never leave conditions as they find them, they adapt old ways and beliefs
to new desires and interests, to persist, in spite of changes, in conditions
handed down.
An outline, necessarily attenuated, of salient changes in legal conditions
in successive periods of Anglo-American history has been carried
to the middle of the nineteenth century. It will be briefly interrupted
for a closer view of an ancient illusion whose ...


From Indictment To Information -- Implications Of The Shift, George H. Dession Dec 1932

From Indictment To Information -- Implications Of The Shift, George H. Dession

Faculty Scholarship Series

RECALLING Bentham's assertion that the grand jury had been per-forming no useful function since the beginning of modern prosecu-tion, and remarking the unanimity of modern expert studies to the same effect, the Report on Prosecution by the National Commission on Law Observance and Enforcement concludes:

"that under modern conditions the grand jury is seldom better than a rubber stamp of the prosecuting attorney and has ceased to perform or be needed for the function for which it was established and for which it was retained throughout the centuries; that .... an unnecessary work burden upon the administration of justice .... should ...


The Value Of Roman Law To The American Lawyer Of Today, Charles P. Sherman Jan 1912

The Value Of Roman Law To The American Lawyer Of Today, Charles P. Sherman

Faculty Scholarship Series

In spite of the progress of legal education in the last decade there still lingers in some places that now time-worn belief that a knowledge of Roman law is of no use at all in the legal profession. This view of the present value of Roman law is
obviously superficial. It is based on the assumption that because the Roman state and tribunals perished centuries ago, therefore Roman law itself has
long been dead also. But this conception of the fate of Roman law is historically inaccurate and false. The spirit of Roman law did not die-on the contrary
it ...


The Value Of Roman Law To The American Lawyer Of Today, Charles P. Sherman Jan 1911

The Value Of Roman Law To The American Lawyer Of Today, Charles P. Sherman

Faculty Scholarship Series

In spite of the progress of legal education in the last decade
there still lingers in some places that now time-worn belief that
a knowledge of Roman law is of no use at all in the legal profession.
This view of the present value of Roman law is obviously
superficial. It is based on the assumption that because the
Roman state and tribunals perished centuries ago, therefore
Roman law itself has long been dead also. But this conception
of the fate of Roman law is historically inaccurate and false.
The spirit of Roman law did not die,-on the contrary ...


Yale Law School, George E. Beers Jan 1893

Yale Law School, George E. Beers

Faculty Scholarship Series

This is to be a sketch of the Yale
Law School of to-day. While it is to
touch but lightly upon its history, it is
to outline its present condition, its
work and methods.