Law Commons^™

Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen

Faculty Scholarship

During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …

The Court Of Exchequer Comes Of Age, William Hamilton Bryson

Law Faculty Publications

The Exchequer was well established as a court of law in the thirteenth century. For the next three hundred years, the Exchequer court seems to have carried out its duties without much change in function or status. At the beginning of the sixteenth century, the judicial business of the Exchequer amounted to about 200 cases per year as compared with about 2500 in the court of King's Bench and 10,000 in the Common Pleas. However, during the middle period of the reign of Henry VIII, the first signs of growth since the thirteenth century appeared. This expansion of the court …

Das Profil Des Juristen In Der Europiiischen Tradition, William Hamilton Bryson

Law Faculty Publications

A book review on, Das Profil des Juristen in der europiiischen Tradition, by Klaus Luig and Detlef Liebs, eds.,

David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer

Journal Articles

The Baltimore lawyer and teacher David Hoffman (1784-1854), the father of American legal ethics, was also the first of the systematic American legal educators. He held one of the first appointments in this country as a university law professor (at the University of Maryland, 1814-43) and wrote the first American outline of the study of law. Joseph Story, in a contemporary review of the 1817 Course, called Hoffman's work "an honour to our country[,] . . . by far the most perfect system for the study of the law that has ever been offered to the public. " Chancellor James …

Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg

Law Faculty Scholarly Articles

In considering American common law doctrines shaped during the nineteenth century, commentators have advanced differing theories on the primary judicial criteria employed by judges. Recent studies have argued that these doctrines reflect a criterion of economic efficiency. This work has been criticized for its failure to explain why there seems to be a correlation between efficiency and these decision rules or why judges might have preferred efficiency over other decisional criteria. Other studies have proposed that many judicial doctrines announced before the Civil War were intended to facilitate or ratify major shifts in the distribution of social wealth. This article …

The Opinion Volume 22 Number 6 – November 30, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 30, 1981. Includes Onion spoof issue insert.

The Opinion Volume 22 Number 5 – November 19, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 19, 1981

The Opinion Volume 22 Number 4 – November 5, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 5, 1981

The Opinion Volume 22 Number 3 – October 22, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 22, 1981

The Opinion Volume 22 Number 2 – October 7, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 7, 1981

The Opinion Volume 22 Number 1 – September 17, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 17, 1981

The Dawn's Early Light: The Contributions Of John Hart Ely To Constitutional Theory, Stanley Conrad Fickle

Indiana Law Journal

No abstract provided.

James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry

Indiana Law Journal

No abstract provided.

The Bloodless Revolution: The Role Of The Fifth Circuit In The Integration Of The Deep South, Frank T. Read

Mercer Law Review

On October 1, 1981, the nation's foremost civil rights tribunal will be no more. On that date, the Fifth Circuit Reorganization Act will become effective and the famous United States Court of Appeals for the Fifth Circuit will be divided into two new circuits.' With the passing of the Fifth Circuit into history's dusty pages, it is appropriate to reflect on the contributions of that court in this nation's monumental struggle to desegregate the public schools of the Deep South.

On May 17, 1954, the United States Supreme Court, in its most important decision in this century, rejected the "separate …

A History Of Dalhousie Law School, L. E. Rozovsky, F. A. Rozovsky

Dalhousie Law Journal

As the author is at pains to tell us at the very beginning, this is not an earth-shaking book. Furthermore, Professor Willis states in his preface that the project was started by the late Dean Emeritus Horace Read and thus is the work of two hands; if Willis himself had originated the project, "The book I should like to have written about the Dalhousie Law School would be something very different from this .. ." At that point, the reviewer felt some unease about the task at hand. He need not have worried: the history is a successful and worthwhile …

The Opinion Volume 21 Number 11 – April 23, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 23, 1981

The Opinion Volume 21 Number 10 – April 9, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 9, 1981

An Ungovernable People, William B. Jones Jr

University of Arkansas at Little Rock Law Review

No abstract provided.

Chief Justice Earl Warren, Otis H. King

North Carolina Central Law Review

No abstract provided.

Justice John M. Harlan, Drew S. Days Iii

North Carolina Central Law Review

No abstract provided.

Justice Byron R. White, Charles E. Daye

North Carolina Central Law Review

No abstract provided.

Justice William Brennan, John Doar

North Carolina Central Law Review

No abstract provided.

Justice William O. Douglas, Wiley A. Branton

North Carolina Central Law Review

No abstract provided.

Justice Potter Stewart, Vincent L. Broderick

North Carolina Central Law Review

No abstract provided.

The Nature Of The Constitutional Process: Equal Protection And The Burger Court, Albert Broderick

North Carolina Central Law Review

No abstract provided.

The Feudal Framework Of English Law, Robert C. Palmer

Michigan Law Review

A Review of The Legal Framework of English Feudalism by S.F.C, Milsom

The Opinion Volume 21 Number 9 – March 27, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 27, 1981

The Opinion Volume 21 Number 8 – March 5, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 5, 1981

On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky

Michigan Law Review

A Review of The Politics of Justice: Lower Federal Judicial Selection and the Second Party System, 1829-1861 by Kermit L. Hall and Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau

On The Early History Of Lower Federal Courts, Judges And The Rule Of Law (Review Of Two Titles), Alfred S. Konefsky

Book Reviews

Review of Kermit L. Hall, The Politics of Justice: Lower Federal Judicial Selection and the Second Party System and Mary K. Bonsteel Tachau, Federal Courts in the Early Republic: Kentucky 1789-1816.