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Full-Text Articles in Law

The Origins Of American Felony Murder Rules, Guyora Binder Oct 2004

The Origins Of American Felony Murder Rules, Guyora Binder

Journal Articles

Contemporary commentators continue to instruct lawyers and law students that England bequeathed America a sweeping default principle of strict liability for all deaths caused in all felonies. This Article exposes the harsh "common law" felony murder rule as a myth. It retraces the origins of American felony murder rules to reveal their modern, American, and legislative sources, the rationality of their original scope, and the fairness of their original application. It demonstrates that the draconian doctrine of strict liability for all deaths resulting from all felonies was never enacted into English law or received into American law. This Article reviews …


Canadian Law Teachers In The 1930s: "When The World Was Turned Upside Down", Richard Risk Apr 2004

Canadian Law Teachers In The 1930s: "When The World Was Turned Upside Down", Richard Risk

Dalhousie Law Journal

During the 1930s. scholars in the Canadian common law schools introduced fundamental changes in ways of thinking about law, changes that made one of them. John Willis, say 'the world was turned upside down." These scholars rejected the past, especially the English legal thought of the late nineteenth century Instead, they were influenced by changes in the United States, which began early in the century, and by the emerging regulatory and welfare state. In private law subjects, Caesar Wright was central, using American ideas to challenge the dominant English authority, especially in his writing about torts. In public law subjects, …


Some Old Problems In England And Some New Solutions From Virginia, William Hamilton Bryson Jan 2004

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 …