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Articles 1 - 5 of 5

Full-Text Articles in Legal History

Holmes-Cohen Correspondence, Felix S. Cohen Jan 1948

Holmes-Cohen Correspondence, Felix S. Cohen

Faculty Scholarship Series

"To have known Holmes," wrote Morris R. Cohen soon after the death of America's great jurist, "was to have had a revelation of the possibilities of . . . human personality. His conversation and bearing were like rare music that lingers in one's memory. One is fortunate to hear some reverberating echo of it. It is the function of the great biographer to catch such echoes, and from conversations, letters, and scattered writings reconstruct some idea of the original integrated life."' In this reconstructing of a life that is gone, yet still so much with all of us who value thought ...


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 ...


Justiciability, Edwin Borchard Jan 1936

Justiciability, Edwin Borchard

Faculty Scholarship Series

It might be supposed that justiciability, the very foundation of the judicial function, would be a matter on which courts could hardly differ. Yet there seems to be the greatest confusion among the courts as to when an issue is and is not susceptible of judicial decision. This is largely due to a devotion to phrases and symbols which make historical investigation and theoretical analysis seem an unnecessary encroachment on the judicial prerogative. The very system of stare decisis invites courts to relieve themselves of the necessity of thinking through again ostensible propositions which seem to have once received the ...


Judicial Organization And Procedure, Walter F. Dodd Jan 1931

Judicial Organization And Procedure, Walter F. Dodd

Faculty Scholarship Series

Felony Trials Without a Jury. Recent crime surveys have shown
that the majority of contested felony cases are never tried in open court,
being settled instead by the striking of a "bargain" between the defendant
and the prosecuting officer. Administrative discretion has thus
largely supplanted judge and jury alike. The practice has been severely
criticized by Professor Moley, who characterizes it as "psychologically
more akin to a game of poker than to a process of justice," being
"an attempt to get as much as possible from an unwilling giver"
rather than "a search for truth."' In view of the technicalities ...


Jurisprudence In Germany, Edwin Borchard Jan 1912

Jurisprudence In Germany, Edwin Borchard

Faculty Scholarship Series

The Library of Congress is now undertaking the publication of a series of guides to foreign law. One of the objects of the enterprise is to acquaint the practitioner and the legislator with the legal institutions of foreign countries. Another of its objects is to show the evolution and present development of juristic thought abroad, and the extent to which a virile philosophy of law and a sound conception of the relation between law and social science have succeeded in creating a jurisprudence which has proved far more efficient than the common law in responding to the needs of present ...