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Full-Text Articles in Legal History

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson Jan 2006

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.


Ratio Decidendi: Guiding Principles Of Judicial Decisions, Vol. 1, William Hamilton Bryson Jan 2006

Ratio Decidendi: Guiding Principles Of Judicial Decisions, Vol. 1, William Hamilton Bryson

Law Faculty Publications

Although the problem of ratio decidendi concerns the essence of law and justice, very little comparative work between the Continental and Anglo-American legal systems has been done on the topic. Legal literature often repeats that it is one of the sharpest points of contrast between the two legal cultures. As it is the purpose of the Comparative Studies in Continental and Anglo-American Legal History, we thought one would gain new insight into the problem of ratio decidendi by studying the question in a historical comparative way in order not only to understand the guiding principles of judicial decisions in the ...


Alexander Forrester's Chancery Reports (1732-1739), William Hamilton Bryson Jan 2006

Alexander Forrester's Chancery Reports (1732-1739), William Hamilton Bryson

Law Faculty Publications

Alexander Forrester was made a bencher on 27 November 1762. He had a large law practice in the Court of Chancery, the House of Lords, the Privy Council, and the Board of Trade. One of his regular clients was the duke of Bedford. In 1754, he represented the lower house of the General Assembly of Virginia in a very contentious dispute before the Privy Council against the Lieutenant Governor of Virginia over fees for putting the seal to royal patents. At the time of his death, he had chambers at 6 New Square, Lincoln's Inn. He was a member ...


Reports Of Cases In The Court Of Exchequer In The Time Of King Charles I (1625 To 1648), William Hamilton Bryson Jan 2006

Reports Of Cases In The Court Of Exchequer In The Time Of King Charles I (1625 To 1648), William Hamilton Bryson

Law Faculty Publications

This collection of previously unreported plea-side cases from the Court of Exchequer in the seventeenth century will be welcomed by legal historians. What we know about the growth of the common law in the early modern era has been largely derived from printed sources. The reality, however, is that a great many of the decisions of England's common law courts in the seventeenth and eighteenth centuries were never reported. No official court reporting existed until well into the nineteenth century. For the most part in earlier times, judicial decisions were brought into print only when enterprising individuals (often young ...


James Madison’S Celebrated Report Of 1800: The Transformation Of The Tenth Amendment, Kurt T. Lash Jan 2006

James Madison’S Celebrated Report Of 1800: The Transformation Of The Tenth Amendment, Kurt T. Lash

Law Faculty Publications

It has become commonplace to describe the Rehnquist Court as having staged a "Federalism Revolution." Although the current status of the Revolution is in dispute, historical treatment of the Supreme Court's jurisprudence under Chief Justice Rehnquist no doubt will emphasize a resurgence of federalism and limited construction of federal power. Cases like Gregory v. Ashcroft, New York v. United States, United States v. Lopez, Printz v. United States, Alden v. Maine, and United States v. Morrison all share a common rule of interpretation: Narrow construction of federal power to interfere with matters believed best left under state control. The ...