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Articles 1 - 30 of 95
Full-Text Articles in Legal History
The Opinion Volume 15 Number 6 – December 19, 1974, The Opinion
The Opinion Volume 15 Number 6 – December 19, 1974, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated December 19, 1974
The Opinion Volume 15 Number 5 – December 5, 1974, The Opinion
The Opinion Volume 15 Number 5 – December 5, 1974, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated December 5, 1974
The Opinion Volume 15 Number 4 – November 14, 1974, The Opinion
The Opinion Volume 15 Number 4 – November 14, 1974, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 14, 1974
Evaluating And Improving Legal Processes – A Plea For “Process Values”, Robert S. Summers
Evaluating And Improving Legal Processes – A Plea For “Process Values”, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
The Compulsory Process Clause, Peter Westen
The Compulsory Process Clause, Peter Westen
Michigan Law Review
Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
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
The Opinion Volume 15 Number 3 – October 31, 1974, The Opinion
The Opinion Volume 15 Number 3 – October 31, 1974, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 31, 1974
The Opinion Volume 15 Number 2 – October 17, 1974, The Opinion
The Opinion Volume 15 Number 2 – October 17, 1974, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 17, 1974
Obscenity, The Law And Religion, Thomas A. Long
Obscenity, The Law And Religion, Thomas A. Long
IUSTITIA
The long history of the relation between Western religion and secular law is both interesting and complex.' In what follows I shall discuss one current social issue which is illustrative of this relation,namely, the relatively recent legal-moral controversy over obscenity.
The Opinion Volume 15 Number 1 – October 2, 1974, The Opinion
The Opinion Volume 15 Number 1 – October 2, 1974, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 2, 1974
From Comstockery Through Population Control: The Inevitability Of Balancing, Elliot Silverstein
From Comstockery Through Population Control: The Inevitability Of Balancing, Elliot Silverstein
North Carolina Central Law Review
No abstract provided.
Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii
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. …
Notes Toward A History Of American Justice, Lawrence M. Friedman
Notes Toward A History Of American Justice, Lawrence M. Friedman
Buffalo Law Review
Adapted from the Mitchell lecture delivered by the author at the State University of New York at Buffalo School of Law on October 17, 1973
Bail In Missouri Revisited, Mark Berger
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.
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
M. Caldwell Butler Audio Diary, August 8, 1974 - Transcript, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.
Remarks At The Dedication Of John Lord O'Brian Hall, Charles A. Horsky
Remarks At The Dedication Of John Lord O'Brian Hall, Charles A. Horsky
Buffalo Law Review
No abstract provided.
The John Lord O'Brian Papers, Larry B. Wenger
The John Lord O'Brian Papers, Larry B. Wenger
Buffalo Law Review
No abstract provided.
M. Caldwell Butler Audio Diary With Thomas Mooney Re July 24, 1974, M. Caldwell Butler
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
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
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
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
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
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
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
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
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
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 …
The Opinion Volume 14 Number Supplement – May 16, 1974, The Opinion
The Opinion Volume 14 Number Supplement – May 16, 1974, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated May 16, 1974
The Opinion Volume 14 Number 13 – May 14, 1974, The Opinion
The Opinion Volume 14 Number 13 – May 14, 1974, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated May 14, 1974