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Full-Text Articles in Legal History

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 ...


Judicial Relief For Peril And Insecurity, Edwin Borchard Jan 1932

Judicial Relief For Peril And Insecurity, Edwin Borchard

Faculty Scholarship Series

In the United States, we are not accustomed to consider the theory of procedure as of profound importance. Possibly the extraordinary technicality of American procedure by reason of which substantive issues are so often relegated to practical oblivion by procedural tactics is in part responsible. At all events, the unsystematic and empirical method of embarking upon and concluding litigation seems to have developed a frame of mind somewhat indifferent to the theoretical function of the judicial process. For example, down to very recent days Justices of the United States Supreme Court gave expression to the view, now happily repudiated, that ...


Commonwealth V. Hunt, Walter Nelles Jan 1932

Commonwealth V. Hunt, Walter Nelles

Faculty Scholarship Series

This article will survey a landmark of American labor law. It will
be prefaced by a short recapitulation of general views which have been
developed at length in another article.'
The handful of American labor cases before 1850 are striking illustrations
of the nature of some law as an index of social direction-an
index less like a compass showing direction in relation to some fixed
lodestar of human harmony than like a weather-vane-harder to read,
however, since the true direction of the wind it swings to is not always
clear. Each of the cases showed a complex force resulting from ...