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Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

Articles

For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2

Evaluating And Improving Legal Processes – A Plea For “Process Values”, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii

Faculty Publications

For some time the international community has been keenly interested in the foreign uses to which America puts its military. The nature of these uses has traditionally been affected by the manner in which the Constitution divides the war powers between the President and Congress. This allocation of war-peace authority, in tum, is the product of a number of influences, among them the intentions of the Framers and Ratifiers for the text which they drafted and approved. Their war-power debates, as we shall see, have heavy international overtones.These debates have not been neglected, especially during America's recent involvement in Indochina. …

Bail In Missouri Revisited, Mark Berger

Faculty Works

During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.

Scholarly Works

In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.

M. Caldwell Butler Audio Diary, August 8, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary With Thomas Mooney Re July 24, 1974, M. Caldwell Butler

Butler-Mooney Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 27-31, 1974, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary With Thomas Mooney Re July 25-27, 1974, M. Caldwell Butler

Butler-Mooney Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 20-26, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 11-18, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 10, 1974, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 1&3, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, June 20, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, June 5-19, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

The Rescripts Of The Emperor Probus (276-282 A.D.), Alan Watson

Scholarly Works

In an earlier study, I examined the private law in the rescripts of Carus and his two sons, the Emperors who ruled from 282 to 284, immediately before the accession of Diocletian, and found as the main conclusion that, despite everything, the quality of legal decision had remained reasonably high. This paper considers the four rescripts that survive from the troubled reign of the preceding Emperor, Probus. None contains a great legal innovation; none shows a drastic lowering of legal standards. Their importance lies in what they reveal about general matters. Despite the enormous military and economic problems of the …

M. Caldwell Butler Audio Diary, May 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, April 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

Searching For The Origin Of Class Action, Raymond B. Marcin

Scholarly Articles

Class actions today are largely the creatures of statute and rule. Extant statutes and rules can be divided by content into three types: (1) those which are patterned on the class action rule in the 1849 amendments to the New York Field Code, (2) those which follow the 1938 version of the federal class action rule, and (3) those which have adopted the 1966 revision of the federal class action rule. All trace their origins, however, to the unwritten practices of English Chancery at a time before the adoption of our own judicial system.

Review Of Crime And Public Order In England In The Later Middle Ages, Thomas A. Green

Reviews

Slowly but surely the history of English criminal law is being rewritten. Abundant monographs, articles and introductions to texts have appeared in the past couple of decades; many more are on the way. Work has gone ahead on the substantive law of crimes, on the procedures of the criminal law and its institutions andmore tentatively-on the social history of English criminal law. While medievalists have led the way, work is now being undertaken by early modern and modern historians as well.

Book Review: Antecedents And Beginnings To 1801, David S. Bogen

Faculty Scholarship

No abstract provided.

Book Review. Ex Nihilo Nihil, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Tignum Iunctum: The Xii Tables And A Lost Word, Alan Watson

Scholarly Works

A text of the scholar Festus, which is famous among Latinists and lawyers alike, reads:

Tignum non solum in aedificiis, quo utuntur, appellatur, sed etiam in vineis, ut est in XII: "Tignum iunctum aedibus vineave et concapit ne solvito".

For the quotation from the XII Tables, the manuscripts showsome variation for 'vineave': 'victum' in W, 'vineaque' in V and 'minerve' in X. But these we can happily leave aside and com to the crux of the text, 'concapit', which appears in all the manuscripts. "'Concapit', a corrupt word, and difficult of explanation" say Lewis and Short! And the emendations proposed …

A Note On Robinson's Brief Collection Of ... Courts Of Records, William Hamilton Bryson

Law Faculty Publications

IN 1953 R. L. Rickard edited for the Camden Miscellany a short tract by Richard Robinson which describes briefly the various English courts of law as they were at the end of the sixteenth century: 'A Briefe Collection of the Queenes Majesties Most High and Most Honourable Courtes of Recordes.' In addition to the three manuscript copies which Rickard mentioned in his preface, fourteen others have recently been identified of which he appears to have been unaware. Since one of these is more complete and several are more interesting than the copy which was edited, a short note is required …

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.

Scholarly Works

Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …

Book Review. The Assize Of Novel Disseisin By Donald W. Sutherland, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Law And Fact In The Medieval Jury Trial: Out Of Sight, Out Of Mind, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.