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Articles 1 - 25 of 25
Full-Text Articles in Legal History
Twisting The Purposes Of Discovery: Expert Witnesses And The Deposition Dilemma, Steven D. Parman
Twisting The Purposes Of Discovery: Expert Witnesses And The Deposition Dilemma, Steven D. Parman
Vanderbilt Law Review
The system of discovery that the Federal Rules establish theoretically entitles all parties in civil actions, prior to commencement of trial, to disclosure of all relevant nonprivileged information in he possession of any person. Thus, federal discovery rules should not force litigants to choose between failing to depose a party-opponent's expert witness and thereby preparing inadequately for trial, and deposing the expert witness and consequently risking that opposing counsel will use the deposition against him at trial without the benefit of cross-examination. Part H of this Note reviews common law disagreement over the appropriateness of expert witness discovery and the …
In Re Radical Interpretations Of American Law: The Relation Of Law And History, A. E. Keir Nash
In Re Radical Interpretations Of American Law: The Relation Of Law And History, A. E. Keir Nash
Michigan Law Review
This Article centers instead upon assessing two types of legal analysis - non-Marxist radical interpretation and "non-reductionist" Marxist theory - which, despite conspicuous differences, share the belief that understanding the American historical experience is a prerequisite to understanding American law. Both approaches also share two other important convictions. One is that a "consensual" or "liberal pluralist" version of American history has little explanatory validity, at least in regard to such major problems as the political and legal breakdown represented by the Civil War, and the law's role in American economic development. They also agree that historical explanations which downplay discussion …
Daniel Webster And The Modernization Of American Law, R. Kent Newmyer
Daniel Webster And The Modernization Of American Law, R. Kent Newmyer
Buffalo Law Review
Book review of Alfred S. Konefsky & Andrew J. King's The Papers of Daniel Webster: Legal Papers
Isaac Parker, Bill Sikes And The Rule Of Law, William H. Rehnquist
Isaac Parker, Bill Sikes And The Rule Of Law, William H. Rehnquist
University of Arkansas at Little Rock Law Review
No abstract provided.
From Holt And Mansfield To Story To Llewellyn And Mentschikoff: The Progressive Development Of Commercial Law, Charles A. Bane
From Holt And Mansfield To Story To Llewellyn And Mentschikoff: The Progressive Development Of Commercial Law, Charles A. Bane
University of Miami Law Review
No abstract provided.
The Arkansas Colonial Legal System, 1686-1766, Morris S. Arnold
The Arkansas Colonial Legal System, 1686-1766, Morris S. Arnold
University of Arkansas at Little Rock Law Review
No abstract provided.
Legislative History In The Interpretation Of Law: And Illustrative Case Study, Garth L. Magnum
Legislative History In The Interpretation Of Law: And Illustrative Case Study, Garth L. Magnum
BYU Law Review
No abstract provided.
Property Forfeiture In The Era Of National Prohibition: A Study Of Judicial Response To Legislative Reform, Kenneth A. Murchison
Property Forfeiture In The Era Of National Prohibition: A Study Of Judicial Response To Legislative Reform, Kenneth A. Murchison
Buffalo Law Review
No abstract provided.
The American Codification Movement, A Study Of Antebellum Legal Reform, Robert W. Gordon
The American Codification Movement, A Study Of Antebellum Legal Reform, Robert W. Gordon
Vanderbilt Law Review
Between 1820 and 1850 American legal commentators became obsessed with whether legislatures should codify, either in whole or in part, the common law of the American states. Indeed, "[a]lmost every law writer after 1825 felt compelled to include his views [on codification] in his works of whatever sort."" The enormous literature that emerged from this period survives today to fascinate modern legal historians, who seem to have developed their own obsession for the "codification" issue. As Lawrence Friedman has said, "The codification movement is one of the set pieces of American legal history." Charles M. Cook's "The American Codification Movement: …
Governmental Secrecy And The Founding Fathers: A Study In Constitutional Controls, Michigan Law Review
Governmental Secrecy And The Founding Fathers: A Study In Constitutional Controls, Michigan Law Review
Michigan Law Review
A Review of Governmental Secrecy and the Founding Fathers: A Study in Constitutional Controls by Daniel N. Hoffman
Regulation In Perspective: Historical Essays, Michigan Law Review
Regulation In Perspective: Historical Essays, Michigan Law Review
Michigan Law Review
A Review of Regulation and Perspective: Historical Essays edited by Thomas K. McCraw
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Michigan Law Review
A Review of A Constitutional History of Habeas Corpus by William F. Duker
Empty History, Erwin Chermerinsky
Empty History, Erwin Chermerinsky
Michigan Law Review
A Review of Politics and the Constitution in the History of the United States, Volume 3: The Political Background of the Federal Convention by William Winslow Crosskey and William Jeffrey, Jr.
The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review
The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review
Michigan Law Review
A Review of The Promise of American Law: A Theological, Humanistic View of Legal Process by Milner S. Ball
Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings
Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings
Michigan Law Review
A Review of Law and Society in Puritan Massachusetts: Essex County, 1629-1692 by David Thomas Konig, and Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825 by William E. Nelson, and Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 by A.G. Roeber
The Medieval English County Court, Stephen D. White
The Medieval English County Court, Stephen D. White
Michigan Law Review
A Review of The County Courts of Medieval England, 1150-1350 by Robert C. Palmer
Roman Law Influence On The Civil Law, Charles Donahue Jr.
Roman Law Influence On The Civil Law, Charles Donahue Jr.
Michigan Law Review
A Review of The Making of the Civil Law by Alan Watson
The New Deal Lawyers, Michigan Law Review
The New Deal Lawyers, Michigan Law Review
Michigan Law Review
A Review of The New Deal Lawyers by Peter H. Irons
A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader
A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader
Michigan Law Review
A Review of Courts--A Comparative and Political Analysis by Martin Shapiro, and Lawsuits and Litigants in Castile, 1500-1700 by Richard L. Kagan
Anatomy Of Racism, Damon J. Keith
Anatomy Of Racism, Damon J. Keith
Michigan Law Review
A Review of Hearts and Minds: The Anatomy of Racism From Roosevelt to Reagan by Harry S. Ashmore
The Conduct Of Just And Limited War, Michigan Law Review
The Conduct Of Just And Limited War, Michigan Law Review
Michigan Law Review
A Review of The Conduct of Just and Limited War by William V. O'Brien
When Is There Going To Be A United States Law Governing The Admission Of Refugees And Asylum Seekers, Linda T. Cox
When Is There Going To Be A United States Law Governing The Admission Of Refugees And Asylum Seekers, Linda T. Cox
Penn State International Law Review
This comment will trace the development of United States refugees and asylum laws. In addition, the policies underlying past, current and proposed immigration laws will be analyzed.
The Image Of Justice And Reform Of The Criminal Law In Early Nineteenth-Century England, Randall Mcgowen
The Image Of Justice And Reform Of The Criminal Law In Early Nineteenth-Century England, Randall Mcgowen
Buffalo Law Review
No abstract provided.
Rescuing The Private Attorney General: Why The Model Of The Lawyer As Bounty Hunter Is Not Working, John C. Coffee Jr.
Rescuing The Private Attorney General: Why The Model Of The Lawyer As Bounty Hunter Is Not Working, John C. Coffee Jr.
Maryland Law Review
No abstract provided.
The Case For Liberalizing The Use Of Deadly Force In Self-Defense, John Q. La Fond
The Case For Liberalizing The Use Of Deadly Force In Self-Defense, John Q. La Fond
Seattle University Law Review
This article sets forth the primary theories which might underlie the right of self-defense: necessity, duress, and personal autonomy. The article then examines the common law and the law of Washington governing the use of force in self-defense and demonstrates that both are grounded primarily in the utilitarian theory of necessity, which has as its primary objective the minimization of social loss even at the cost of harm to individual innocent victims. The article then analyzes the inadequate manner in which Washington courts are resolving difficult cases involving the use of deadly force in self-defense. Finally, the article argues that …