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Full-Text Articles in Legal History
Towards A Common Law Originalism, Bernadette Meyler
Towards A Common Law Originalism, Bernadette Meyler
Cornell Law Faculty Publications
Originalists' emphasis upon William Blackstone's "Commentaries on the Laws of England" tends to suggest that the common law of the Founding era consisted in a set of determinate rules that can be mined for the purposes of constitutional interpretation. This Article argues instead that disparate strands of the common law, some emanating from the colonies and others from England, some more archaic and others more innovative, co-existed at the time of the Founding. Furthermore, jurists and politicians of the Founding generation were not unaware that the common law constituted a disunified field; indeed, the jurisprudence of the common law suggested …
The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson
The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson
Law Faculty Publications
This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.