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Legal History

Law Faculty Publications

2023

Legal history

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Full-Text Articles in Law

Federal Rules Of Private Enforcement, Luke Norris, David L. Noll Jan 2023

Federal Rules Of Private Enforcement, Luke Norris, David L. Noll

Law Faculty Publications

The Federal Rules of Civil Procedure were made for a different world. Fast approaching their hundredth anniversary, the Rules reflect the state of litigation in the first few decades of the twentieth century and the then-prevailing distinction between "substantive" rights and the "procedure" used to adjudicate them. The role of procedure, the rulemakers believed, was to resolve private disputes fairly and efficiently. Today, a substantial portion of litigation in federal court is brought under regulatory statutes that deploy private lawsuits to enforce public regulatory policy. This type of litigation, which scholars refer to as "private enforcement," is the engine for …


Edward Barradall's Reports Of Cases In The General Court Of Virginia (1733-1741), William Hamilton Bryson Jan 2023

Edward Barradall's Reports Of Cases In The General Court Of Virginia (1733-1741), William Hamilton Bryson

Law Faculty Publications

Edward Barradall was born in London, the son of Henry Barradall and Catherine Blumfield Barradall. He was baptized on 17 October 1703 in the parish church of St. Paul's, Covent Garden. Both of his brothers and two of his sisters came to Virginia in the 1730s. Edward Barradall was in Virginia by February 1731. From at least then until about 1733, he practiced law in the county courts of Caroline County and the Northern Neck. His law reports begin in 1733, and so it is to be presumed that that is the year he moved his practice from the county …


Alexander Forrester's Chancery Reports, William Hamilton Bryson Jan 2023

Alexander Forrester's Chancery Reports, William Hamilton Bryson

Law Faculty Publications

This is a new edition of Alexander Forrester's Chancery reports. It is based upon the best manuscript copy that has survived, Lincoln's Inn MSS. Misc. 52 and Misc. 54, and the first printed edition. The edition that was first published in 1741 included only the cases from 1732 to 1739. Compared to the copy in Lincoln's Inn, they are not much different in quality from each other. The cases in the 1741 edition are the basis for this edition as far as they go. The learned apparatus of the third edition by John Griffith Williams (d. 1799) has not been …