Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Common law (6)
- England (4)
- Common Law (2)
- Equity (2)
- 1765 (1)
-
- Ayotte (1)
- Bill of Rights 1776 (1)
- Blackstone (1)
- Business organization law (1)
- CISG (1)
- Chancery (1)
- Civil procedure (1)
- Commentaries on the Law of England (1)
- Commerce Clause (1)
- Common pleas (1)
- Condemnations (1)
- Court clerk (1)
- Court of Chancery (1)
- Court of Exchequer (1)
- Discovery (1)
- Domestic commercial code (1)
- Domestic law (1)
- Dr. Horn (1)
- Dr. Wolf (1)
- Duck's treatise (1)
- ERISA (1)
- ERISA plan attorneys (1)
- Employee benefit plans (1)
- English courts (1)
- English decisions (1)
Articles 1 - 13 of 13
Full-Text Articles in Law
Testimonial Exclusions And Religious Freedom In Early America, Jud Campbell
Testimonial Exclusions And Religious Freedom In Early America, Jud Campbell
Law Faculty Publications
At the end of his presidency, George Washington published a letter reflecting on the character of the nascent American republic. Later known as his Farewell Address, the letter famously warned against the dangers of domestic political parties and entangling foreign alliances. In addition, Washington extolled the foundations of a virtuous citizenry: “Of all the dispositions and habits, which lead to political prosperity,” he proclaimed, “Religion and morality are indispensable supports.” Washington then offered an example: “Let it simply be asked where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which …
Response: There Is No New General Common Law Of Severability, Kevin C. Walsh
Response: There Is No New General Common Law Of Severability, Kevin C. Walsh
Law Faculty Publications
In this solicited response to The New General Common Law of Severability, I first offer an interpretation of Ayotte and subsequent Supreme Court decisions as continuous with existing doctrine instead of a departure from it. I then suggest that much of Scoville’s evidence for a federalization of severability doctrine is better viewed as evidence of doctrinal looseness rather than of doctrinal change. I conclude by returning to the lessons of severability’s doctrinal history, suggesting that the prehistory of severability doctrine may supply a better guide for how courts should deal with problems of partial unconstitutionality in the future.
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.
Some Old Problems In England And Some New Solutions From Virginia, William Hamilton Bryson
Some Old Problems In England And Some New Solutions From Virginia, William Hamilton Bryson
Law Faculty Publications
The fundamental ideal to which we aspire in the field of civil procedure is the perfect balance between expeditious results and correct results in the administration of justice. Two famous quotations from two famous English Equity judges come to mind. John Scott, Lord Eldon, the Lord Chancellor of Great Britain from 1801 to 1827 who was often criticized for being excessively dilatory, said, 'sat cito si sat bene'. Sir George Jessel, Master of the Rolls from 1873 to 1883, once said, 'I may be wrong and sometimes am, but I never have any doubts'. Jessel had his docket under firm …
Revamping Veil Piercing For All Limited Liability Entities: Forcing The Common Law Doctrine Into The Statutory Age, Rebecca J. Huss
Revamping Veil Piercing For All Limited Liability Entities: Forcing The Common Law Doctrine Into The Statutory Age, Rebecca J. Huss
Law Faculty Publications
No abstract provided.
Cases Concerning Equity And The Courts Of Equity 1550-1660, William Hamilton Bryson
Cases Concerning Equity And The Courts Of Equity 1550-1660, William Hamilton Bryson
Law Faculty Publications
This volume of previously unpublished equity reports in the period 1550-1660 includes cases of substantive equity prosecuted by English bill procedure, cases that explain the jurisdiction, procedures, and practices of the courts of equity in England, and a few cases from the courts of common law that touch on and consider the jurisdiction of the equity courts. Also included are cases in the equity courts that involve equitable remedies needed to protect common law rights. Frequently the equity judge had to determine a common law right before an equitable remedy could be granted.
Commercial Common Law, The United Nations Convention On The International Sale Of Goods, And The Inertia Of Habit, David Frisch
Commercial Common Law, The United Nations Convention On The International Sale Of Goods, And The Inertia Of Habit, David Frisch
Law Faculty Publications
This Article develops a model of judicial behavior that rests on the idea that a judge's decision is a function of her attitudes and role orientations and these, in turn, are heavily influenced by her law school education. The result is an intellectual stubbornness that may lead judges to reject not only optional innovations that may present themselves, but may also cause them to construe mandatory provisions as if no change had occurred. This model and the Convention on the International Sale of Goods illustrate situations in which the emerging international commercial code may play an important role in the …
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
Law Faculty Publications
The municipal Jaw of England is divided into common Jaw and equity. This is so because in the middle ages, the judges of the courts of common law (the Court of Common Pleas and the Court of King's Bench) believed that they could not expand the existing law in order to solve new problems. They thought that they were bound by the established Jaw as found in their own earlier judicial opinions. Furthermore, they felt that it was the function of Parliament to change the law; therefore, it would be an unconstitutional usurpation of the legislative power for the courts …
The Federal Common Law Of Erisa Plan Attorneys, Jay Conison
The Federal Common Law Of Erisa Plan Attorneys, Jay Conison
Law Faculty Publications
No abstract provided.
English Common Law In Virgina, William Hamilton Bryson
English Common Law In Virgina, William Hamilton Bryson
Law Faculty Publications
By statute the common law of England is the basis of the common law of modern Virginia. This reception statute refers to the customary, unwritten law of the kingdom of England, but only that part which was general and common to all parts of England. That the English common law is the foundation of the law of Virginia is a matter not merely of a modern statute but also of history and reason.
The Abolition Of The Forms Of Action In Virginia, William Hamilton Bryson
The Abolition Of The Forms Of Action In Virginia, William Hamilton Bryson
Law Faculty Publications
The common law procedure for initiating actions at law in the English courts required a plaintiff to obtain a writ invoking the jurisdiction of the court and to file a declaration setting forth the facts that justified instigation of the suit and established the cause of the action. This clumsy and archaic system of litigation was abolished by a single chop of the legislative guillotine in New York in 1848. England followed suit in 1875, and the United States federal courts in 1938. Writs and declarations were replaced by simple forms which were copied from the practice of the equity …
Studien Zur Europaischen Rechtsgeschichte, William Hamilton Bryson
Studien Zur Europaischen Rechtsgeschichte, William Hamilton Bryson
Law Faculty Publications
Notice of Studien zur europaischen Rechtsgeschichte
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
Law Faculty Publications
The equity jurisdiction of the Exchequer has been so overshadowed by the equity jurisdiction of the Chancery and that of other courts that there is today only a foggy awareness that it ever existed. Therefore it is the purpose of this communication to locate this court .within the course of English legal history and to say a word or two about its development.