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Full-Text Articles in Legal History

Reports Of Cases In The Court Of Exchequer In The Time Of King Charles Ii, William Hamilton Bryson Jan 2017

Reports Of Cases In The Court Of Exchequer In The Time Of King Charles Ii, William Hamilton Bryson

Law Faculty Publications

This volume is an edition of the reports of cases from the Court of Exchequer during the reign of King Charles II, 1660 to 1685, which have been found to date. It includes a new edition of most of the reports already in print as well as all of those found only in manuscript. Several very long reports already in print are not included, but references to them can be found at the relevant places here. Also, it does not include the reports by Sir Thomas Hardres, which were first printed in 1693, nor the equity cases, which were published ...


Law Books In The Libraries Of Colonial Virginians, William Hamilton Bryson Jan 2017

Law Books In The Libraries Of Colonial Virginians, William Hamilton Bryson

Law Faculty Publications

Of all professionals, lawyers are the most dependent on books. All of their resource material is in written form. To know the quality of the practicing bar, the bench, legal studies, and legal scholarship in general, one must know the books on which they are founded. A census of law books present in the libraries of colonial Virginians can shed some light on the law and the lawyers who shaped the colony and the nation.


English Statutes In Virginia, 1660-1714, John R. Pagan Jan 2017

English Statutes In Virginia, 1660-1714, John R. Pagan

Law Faculty Publications

Virginia had a government of dual legislative authorities in the seventeenth and early eighteenth centuries. Under the transatlantic const itution- an evolving framework of legal relations within England's empire- both the Crown and the General Assembly had jurisdiction to prescribe laws for the colony. The Crown occasionally required Virginians to enforce acts of Parliament, but for the most part the imperial government allowed colonists to deviate from the metropolitan model and enact legislation tailored to their own needs, provided they refrained from passing statutes contrary or repugnant to English law. Instead of delineating separate spheres of imperial and provincial ...


Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson Oct 2016

Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson

Law Faculty Publications

This essay, first presented at the Magna Carta anniversary symposium of the Baronial Order of Magna Charta on April 16, 2015, at The Cosmos Club, in Washington, D.C., takes as its inspiration the spirit of the rule of law, as laid down in the Magna Carta. Specifically, the author argues that the popular election and reelection of judges undermines the rule of law, and democracy in general, by exposing judges to the manipulations of financial corruption, political intimidation, and the often irrational shifts in popular opinion. To correct this problem, the author calls for amendment of the thirty-nine state ...


Glimpses Of Marshall In The Military, Kevin C. Walsh May 2016

Glimpses Of Marshall In The Military, Kevin C. Walsh

Law Faculty Publications

Before President John Adams appointed him as Chief Justice of the United States in 1801, John Marshall was a soldier, a state legislator, a federal legislator, an envoy to France, and the Secretary of State. He also maintained a thriving practice in Virginia and federal courts, occasionally teaming up with political rival and personal friend Patrick Henry. Forty-five years old at the time of his appointment to the Supreme Court, Marshall has been serving his state and his country for a quarter century before he took judicial office. Marshall is an exemplar of professional excellence for all lawyers and judges ...


Reports Of Cases In The Court Of Exchequer From 1604 To 1648, William Hamilton Bryson Jan 2016

Reports Of Cases In The Court Of Exchequer From 1604 To 1648, William Hamilton Bryson

Law Faculty Publications

Even though the modern convention of printing law reports grouped by court or jurisdiction has been forced on the seventeenth century reports by modern bibliographers, in fact, many of the seventeenth-century reports in print include cases from many different courts though they may concentrate on a single court. The result is that some Exchequer cases from 1604 to 1648 have been in print for centuries, but have been lost in the large mass of cases reported from the other courts. This book collects those Exchequer cases and presents them here newly edited in modern English. This will give to the ...


Maitland, The Forms Of Action At Common Law, William Hamilton Bryson Jan 2016

Maitland, The Forms Of Action At Common Law, William Hamilton Bryson

Law Faculty Publications

This chapter gives a brief overview of the life and work of Frederick William Maitland (1850-1906), with particular attention to his The Forms of Action at Common Law.


Bacon, Example Of A Treatise Touching Universal Justice, William Hamilton Bryson Jan 2016

Bacon, Example Of A Treatise Touching Universal Justice, William Hamilton Bryson

Law Faculty Publications

This chapter provides a brief overview of the life and work of Francis Bacon, Viscount St. Alban (1561-1626), with particular attention to his Exemplum Tractatus de justitia universalis, sive de fontibus iuris in uno titulo per aphorismos, published in 1623.


Reports Of Cases In The Court Of Chancery In The Middle Ages (1325 To 1508), William Hamilton Bryson Jan 2016

Reports Of Cases In The Court Of Chancery In The Middle Ages (1325 To 1508), William Hamilton Bryson

Law Faculty Publications

If the history of the law is to be properly written, it must be based upon the primary legal sources. One of the primary source materials of the law is the reports of cases. These are particularly important because here is the best evidence of the judges' legal reasoning. The court records kept by the clerks of the courts do not give this information as, indeed, it is not their purpose to do any more than record the results of a particular lawsuit for future use. They primarily serve the purpose of res judicata; their value as judicial precedent is ...


Miscellaneous Reports Of Cases In The Court Of Delegates From 1670 To 1750, William Hamilton Bryson Jan 2016

Miscellaneous Reports Of Cases In The Court Of Delegates From 1670 To 1750, William Hamilton Bryson

Law Faculty Publications

This book is a compilation of reports of cases from the Court of Delegates from 1670 to 1750. “Although the official records, including the decrees, of this court have been preserved in the Public Record Office, nevertheless, the unofficial reports composed by the lawyers and judges give a unique, if sometimes quirky, insight into the law, and the reasons of the law, that was adjudicated there. Therefore, this collection of reports of cases has been compiled and disseminated.”


Reports Of Cases In The Court Of Chancery In The Time Of King James Ii (1685-1688), William Hamilton Bryson Jan 2015

Reports Of Cases In The Court Of Chancery In The Time Of King James Ii (1685-1688), William Hamilton Bryson

Law Faculty Publications

This book is a collection of the law reports from the Court of Chancery during the reign of King James II, which coincidentally included the chancellorship of Sir George Jeffreys. The choice of time was made somewhat arbitrarily because it was a short reign and, thus, it would be a manageable project to put into one place all the reports, whether in print or in manuscript, in chronological order, according to the ancient tradition of English law reporting.


Sir John Randolph's Reports Of Cases In The General Court Of Virginia (1729-1735), William Hamilton Bryson Jan 2015

Sir John Randolph's Reports Of Cases In The General Court Of Virginia (1729-1735), William Hamilton Bryson

Law Faculty Publications

This second edition of Sir John Randolph's Virginia reports was prompted by the discovery in the Library of Congress of another manuscript copy, which was heretofore unknown. I would like to thank Nathan Dorn, of the Law Department of the Library of Congress for bringing it to light. The importance of this discovery is the addition of three cases to the first edition, which was published over a hundred years ago.

In this new edition of these law reports, I have presented these cases in a more usable format for members of the legal profession by extending the abbreviations ...


How The Federal Cause Of Action Relates To Rights, Remedies, And Jurisdiction, John F. Preis Jan 2015

How The Federal Cause Of Action Relates To Rights, Remedies, And Jurisdiction, John F. Preis

Law Faculty Publications

Time and again, the U.S. Supreme Court has declared that the federal cause of action is "analytically distinct" from rights, remedies, and jurisdiction. Yet, just pages away in the U.S. Reports are other cases in which rights, remedies, and jurisdiction all hinge on the existence of a cause of action. What, then, is the proper relationship between these concepts?

The goal of this Article is to articulate that relationship. This Article traces the history of the cause of action from eighteenth-century England to its modem usage in the federal courts. This history demonstrates that the federal cause of ...


Reports Of Cases In The Court Of Exchequer In The Time Of King George I (1714 To 1727), William Hamilton Bryson Jan 2014

Reports Of Cases In The Court Of Exchequer In The Time Of King George I (1714 To 1727), William Hamilton Bryson

Law Faculty Publications

This book publishes all of the known law reports from the Court of Exchequer from the reign of King George I, 1714 to 1726, including those in manuscript and those already in print. Most of the ones in print are the short and not very informative reports by William Bunbury. The much more substantial Exchequer reports of Philip Ward and Thomas Browne, which were heretofore unpublished manuscripts, have been conflated with Bunbury's reports and some other miscellaneous case reports.


The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman's Separate Estate, Allison Anna Tait Jan 2014

The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman's Separate Estate, Allison Anna Tait

Law Faculty Publications

Before statutory enactments in the nineteenth century granted married women a limited set of property rights, the separate estate trust was, by and large, the sole form of married women's property. Although the separate estate allowed married women to circumvent the law of coverture, historians have generally viewed the separate estate as an ineffective vehicle for extending property rights to married women. In this Article, I reappraise the separate estate's utility and argue that Chancery's separate estate jurisprudence during the eighteenth century was a critical first step in the establishment of married women as property-holders. Separate estates ...


Reports Of Cases In The Court Of Chancery From The Time Of Lord Harcourt (1710-1714), William Hamilton Bryson Jan 2014

Reports Of Cases In The Court Of Chancery From The Time Of Lord Harcourt (1710-1714), William Hamilton Bryson

Law Faculty Publications

The anonymous set of law reports now first published here includes cases from the Court of Chancery from 1706 to 1715, the judicial tenures of Lord Cowper, 1705 to 1708, Lord Harcourt, 1710 to 1714, and Lord Cowper again, 1714 to 1718. There were commissioners to hold the great seal and to sit in the Court of Chancery from 1708 to 1710. Although there are a few cases from the time of Lord Cowper and earlier, the vast majority are reports of cases decided by Sir Simon Harcourt, Lord Harcourt (1661- 1727), who was Lord Chancellor from 1710 to 1714 ...


Virginia Law Reports, William Hamilton Bryson Jan 2014

Virginia Law Reports, William Hamilton Bryson

Law Faculty Publications

Erwin Surrency, a professional Jaw librarian, during a long career as such, was a pioneer in the field of American legal bibliography. His work is the foundation upon which later work has been and will be based. The present essay is an acknowledgment of this beacon for further bibliographical research into Jaw books, and it is hoped that many others will follow in Erwin's footsteps and further elucidate this fascinating field of scholarship.


Book Review Of J. Finlay, The Community Of The College Of Justice: Edinburgh And The Court Of Session, 1687-1808 (2012), William Hamilton Bryson Jan 2013

Book Review Of J. Finlay, The Community Of The College Of Justice: Edinburgh And The Court Of Session, 1687-1808 (2012), William Hamilton Bryson

Law Faculty Publications

Book Review of J. Finlay, The Community of the College of Justice: Edinburgh and the Court of Session, 1687-1808 (2012).


Commandeering And Constitutional Change, Jud Campbell Jan 2013

Commandeering And Constitutional Change, Jud Campbell

Law Faculty Publications

Coming in the midst of the Rehnquist Court’s federalism revolution, Printz v. United States held that federal commandeering of state executive officers is “fundamentally incompatible with our constitutional system of dual sovereignty.” The Printz majority’s discussion of historical evidence, however, inverted Founding-era perspectives. When Federalists such as Alexander Hamilton endorsed commandeering during the ratification debates, they were not seeking to expand federal power. Quite the opposite. The Federalists capitulated to states’ rights advocates who had recently rejected a continental impost tax because Hamilton, among others, insisted on hiring federal collectors rather than commandeering state collectors. The commandeering power ...


Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland Jan 2013

Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland

Law Faculty Publications

No abstract provided.


Book Review: Witches, Wife Beaters, And Whores: Common Law And Common Folk In Early America, John R. Pagan Jan 2012

Book Review: Witches, Wife Beaters, And Whores: Common Law And Common Folk In Early America, John R. Pagan

Law Faculty Publications

Book Review of Witches, Wife Beaters, and Whores: Common Law and Common Folk in Early America by Elaine Forman Crane


The Tokyo Trial At Richmond: Digitizing The Sutton Collection Of Documents From The International Military Tribunal For The Far East, Suzanne Corriell Jan 2012

The Tokyo Trial At Richmond: Digitizing The Sutton Collection Of Documents From The International Military Tribunal For The Far East, Suzanne Corriell

Law Faculty Publications

As an ongoing project, the effort to digitize and present the Sutton Collection is far from complete. Our effort has the potential to become a leading resource for materials relating to the Tokyo trial and, with the help of our faculty partners, to demonstrate relevancy of the trial to current issues in international criminal law and to the development of Japan’s role in modern East Asia. As the project team learns more about the collection, consults with similar projects, and continues to implement innovative applications, processes are constantly updated. The coming year should bring further progress, and we look ...


The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky Jan 2012

The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky

Law Faculty Publications

No abstract provided.


Overinterpreting Law, Robert F. Blomquist Jan 2012

Overinterpreting Law, Robert F. Blomquist

Law Faculty Publications

Overinterpretation has attracted considerable attention in other fields, such as literary studies, science, and rhetoric, but it is undertheorized in law. This Article attempts to initiate a theory of legal overinterpretation by examining the rhetorical nature of excess, the sociological dimensions of roles in team performances, and citation to legal and non-legal sources that have discussed overinterpretation. The Article concludes by positing illustrative categories of potential legal overinterpretation, and providing an examination of ways to minimize legal overinterpretation through a judicious, pragmatic balance between abstract considerations and concrete considerations in law.


Review Of George Athan Billias, American Constitutionalism Heard Round The World, 1776-1989: A Global Perspective., John Paul Jones Jan 2011

Review Of George Athan Billias, American Constitutionalism Heard Round The World, 1776-1989: A Global Perspective., John Paul Jones

Law Faculty Publications

No abstract provided.


Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell Jan 2011

Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell

Law Faculty Publications

Editor's Note: Elections in eighteenth-century Virginia were conducted quite differently than current elections. In this article, the author presents revealing descriptions of early elections in Montgomery County, Virginia immediately following the birth of the United States. The behavior and motivations of the electorate, as well as the candidates, provide interesting insight regarding the social structure o/that era.


Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch Jan 2011

Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.


The Language Of Law And The Foundations Of American Constitutionalism, Gary L. Mcdowell Jan 2010

The Language Of Law And The Foundations Of American Constitutionalism, Gary L. Mcdowell

Law Faculty Publications

No abstract provided.


Ratio Decidendi: Guiding Principles Of Judicial Decisions, Vol. 2: 'Foreign' Law, William Hamilton Bryson Jan 2010

Ratio Decidendi: Guiding Principles Of Judicial Decisions, Vol. 2: 'Foreign' Law, William Hamilton Bryson

Law Faculty Publications

This collection of essays is concerned with the subject of ratio decidendi, which is a technical legal term of art in Anglo-American jurisprudence. This group of essays focuses on one narrow aspect of ratio decidendi, the use by the courts of foreign law as the basis of their decisions when appropriate to the issues to be decided in a particular case brought to them by the litigants. The study of the process of the assimilation of foreign law is the scope of this book. The observation of this process in the past in different legal cultures of western Europe is ...


Robert Paynell's King's Bench Reports (1625-1627), William Hamilton Bryson Jan 2010

Robert Paynell's King's Bench Reports (1625-1627), William Hamilton Bryson

Law Faculty Publications

The reports of cases from the Court of King's Bench from the first two years of the reign of Charles I that have found their way into print are not necessarily the best, although they are now, of course, the ones that are the most familiar. As will be discussed, many of the attributions of authorship are dubious or false. However, the anonymity to the present generation of lawyers and judges should not by itself detract from their validity. This is because the preservation and printing of law reports in the seventeenth century was quite haphazard, being undertaken more ...