Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- American law (1)
- Bacon's Abridgment (1)
- Baron (1)
- Bushell's Case (1)
- Colonialism (1)
-
- Comity doctrine (1)
- Common Pleas (1)
- Confessions (1)
- Conviction (1)
- Custodial interrogations (1)
- De Conflictu Legum (1)
- De novo hearing (1)
- Diversity of law (1)
- England (1)
- English law (1)
- Evidence (1)
- Fay v. Noia (1)
- Feudalism (1)
- Fifth Amendment (1)
- Grotius (1)
- Hobbes (Thomas) (1)
- Huber (Ulrik) (1)
- Judicial review (1)
- King John (1)
- Magna Carta (1)
- Magna Charta (1)
- Man-made law (1)
- Miranda v. Arizona (1)
- Natural-law theory (1)
- Netherlands (1)
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Legal History
The Comity Doctrine, Hessel E. Yntema
The Comity Doctrine, Hessel E. Yntema
Michigan Law Review
The doctrine of comity, as developed in the Netherlands during the last quarter of the Seventeenth Century, for the first time posed in stark simplicity the basic dilemma of conflicts law in modem times to mediate between the pretensions of territorial sovereignty and the needs of international commerce. As Ulrik Huber, the most influential exponent of the doctrine, observed: "Exempla, quibus utemur, ad juris privati species maxime quidem pertinebunt, sed judicium de illis unice juris publici rationibus constat, & exinde definiri debent.'' ["The examples which we shall use belong principally to the category of private law but their treatment …
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
Michigan Law Review
A Review of The Revival of Natural Law Concepts by Charles Grove Haines
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Michigan Law Review
Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …
Chroust: The Rise Of The Legal Profession In America, William Wirt Blume
Chroust: The Rise Of The Legal Profession In America, William Wirt Blume
Michigan Law Review
A Review of The Rise of the Legal Profession in America 2 vol. by Anton-Hermann Chroust
Holt: Magna Carta, James F. Traer
Holt: Magna Carta, James F. Traer
Michigan Law Review
A Review of Magna Carta by James C. Holt
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
Articles
F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.