Law Commons^™

The Opinion Volume 18 Number 5 – November 21, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 21, 1977

The Opinion Volume 18 Number 4 – November 3, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 3, 1977

Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer

Articles

No abstract provided.

Republicanism And The Law Of Inheritance In The American Revolutionary Era, Stanley N. Katz

Michigan Law Review

This Article deals with the history of the law of inheritance during the era of the American Revolution, but its focus is actually more general, for it ultimately seeks to determine what sort of revolution we experienced. For the historian the problem is quite familiar, but a few observations seem pertinent. It is at least possible to argue that our colonial forefathers were not waging a revolution at all. Rather, one might say they were fighting what we should now call a colonial war of independence in which the overriding issue was "home rule." On this hypothesis, the main slogan …

The Opinion Volume 18 Number 3 – October 20, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 20, 1977

The Opinion Volume 18 Number 2 – October 6, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 6, 1977

The Opinion Volume 18 Number 1 – September 23, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 23, 1977

The Opinion Volume 17 Number 12 – July 12, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated July 12, 1977

Law In Modern Society: Toward A Criticism Of Social Theory. By Roberto Mangabeira Unger., Richard D. Schwartz

Buffalo Law Review

No abstract provided.

Remembering 1965: Abe Fortas And The Supreme Court, Larry M. Roth

Mercer Law Review

With 1965 an era both ended and began. That year the American consciousness over the Vietnam War was truly awakened to the sound of far off howitzers. Also that year, Abe Fortas was nominated and confirmed by the Senate for the Supreme Court seat vacated by Arthur Goldberg. The reverberations of both phenomena still exist although the former permeates our social order much more than the latter. Quite recently, however, we witnessed a positive by-product of the Fortas appointment: the appointment of John Paul Stevens to the Supreme Court. With Stevens' nomination the appointive process witnessed a selection procedure that …

Prosecuting The Elephant: Trials And Judicial Behavior On The Overland Trail, John Phillip Reid

BYU Law Review

No abstract provided.

The Opinion Volume 17 Number 11 – April 28, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 28, 1977

A Review: Unequal Justice: Lawyers And Social Change In Modern America, Lawrence Mayberry

IUSTITIA

Unequal Justice is a social history of the legal profession from the emergence of The American Bar Association in the 1870's until the 1970's. Auerbach is a professional historian and not a member of the legal profession who writes history, nor is he a sociologist. But before his graduate work in history, the author entered and quickly left law school. The honesty with which he relates the experience and the competent research and analysis manifest in his work demonstrate that he writes this book from a perspective of understanding rather than of bitterness or indifference. In fact Auerbach's unique frame …

Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg

Cornell Law Faculty Publications

Recent decisions of the Supreme Court have not been kind to those who favor an expansive reading of the equal protection clause. Last Term, in Washington v. Davis, the Court held that the disproportionate impact of governmental action on minority groups is not unconstitutional unless accompanied by proof of intentional discrimination. This Term, in Village of Arlington Heights v. Metropolitan Housing Development Corp., the Court reinforced the intent barrier to the finding of equal protection violations. Mr. Eisenberg argues in this Article that the Washington test is too harsh, and was required neither by practical necessity nor by …

The Development Of The Lutheran Theory Of Resistance: 1523-1530, Cynthia Grant Bowman

Cornell Law Faculty Publications

It is frequently assumed, especially by political theorists, that the development of the modern theory of resistance to governmental authority was the accomplishment primarily of Huguenot writers of the late sixteenth century and that it was they who laid the foundations for the more famous seven- teenth-century English theories of a right of revolution. The corollary is that Lutheran writers made little contribution to the development of this theory, if not, indeed, a negative one. Contrary to this fairly common assumption, however, the justification of resistance was a major concern of German Protestants in the early sixteenth century, and I …

The Opinion Volume 17 Number 10 – March 31, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 31, 1977

The Opinion Volume 17 Number 9 – March 17, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 17, 1977

The Opinion Volume 17 Number 8 – March 3, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 3, 1977

Judicial Impeachments And The Struggle For Democracy In South Carolina, James W. Ely, Jr.

Vanderbilt Law Review

Judicial tenure had become a sensitive issue in the colonies before the American Revolution. Although the Act of Settlement of 1701 guaranteed tenure during good behavior for judges in England, this statute did not extend to the colonies, and royal governors regularly were instructed to issue judicial commissions at the pleasure of the Crown. Judges in New York briefly secured appointments for good behavior during the 1750's, but in 1761 the King in Council directed that henceforth no commission could be granted except at pleasure. In 1759 the Pennsylvania Assembly passed a measure providing that judges in that colony would …

The Opinion Volume 17 Number 7 – February 17, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 17, 1977

Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner

All Faculty Scholarship

This article refutes the claimed historical bases for criminal law in rem forfeiture.

Nicholas Bacon: The Making Of A Tudor Statesman, William Hamilton Bryson

Law Faculty Publications

A book review on Nicholas Bacon: The Making of a Tudor Statesman by Robert Tittler.

Review, Justice Accused: Antislavery And The Judicial Process, Richard Kay

Faculty Articles and Papers

Reviewing Justice Accused: Antislavery and the Judicial Process By Robert M. Cover. New Haven: Yale University Press. 1975.

Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer

Articles

No abstract provided.

Can/Should Computers Replace Judges?, Anthony D'Amato

Faculty Working Papers

Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.

The Early Legal Career Of Howell Jackson, Terry Calvani

Vanderbilt Law Review

Felix Frankfurter observed in 1937 that "American legal history has done very little to rescue the [United States Supreme] Court from the limbo of impersonality."' Subsequently, numerous individual and collective works have focused on the more prominent figures in the history of that institution.' Unfortunately, there remain many justices of the Supreme Court who have received relatively little scholarly attention. Yet, as one political scientist has recently lamented, "[until] there is a fuller awareness of the inter-play between individual personalities and decision making, it is unlikely there will be 'an adequate history of the Supreme Court."

One such individual is …

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.

Book Review, Charles F. Wilkinson

Publications

No abstract provided.

Book Review. The Transformation Of American Law, 1780-1860 By Morton J. Horwitz, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Statutes As Judgments: The Natural Law Theory Of Parliamentary Activity In Medieval England, Morris S. Arnold

Articles by Maurer Faculty

The proposition that late medieval English lawgivers believed themselves to be exercising a declarative function has been so frequently put forward and so widely accepted that it is in danger of being canonized by sheer dint of repetition; and thus one who would deny the essential validity of that notion bears the virtually insuperable burden of proof commonly accorded an accused heretic. Nevertheless, it will be argued here that natural law notions are attributed to the medieval English legislator with only the slightest support from the sources, and after only the most rudimentary and uncritical analyses of the implications of …