Law Commons^™

Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr.

University of Richmond Law Review

On August 27, 1967, Robert R. Merhige, Jr., was commissioned as a United States District Court Judge for the Eastern District of Virginia, the embarkment upon what many members of the legal community have labeled a controversial judicial career. However, examination of Judge Merhige's numerous decisions reveals that his image as a disputatius public figure has been more than a function of his flare for vehemently enforcing pronouncements and policies of the Supreme Court. The man, who created fervor throughout this state and the South with his publicly chastised busing decisions of the early 1970s, has been a victim of …

Intellectual Life In The Colonial South, 1585-1763, William Hamilton Bryson

Law Faculty Publications

A book review on, Intellectual Life in the Colonial South, 1585-1763, by Richard Beale Davis.

Special Committee On The Evaluation Of Professional Standards Journal, December 16-17, 1977, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the December 16-17, 1977 meeting held in New York, NY.

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

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 …

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

Articles

No abstract provided.

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

Special Committee On The Evaluation Of Professional Standards Journal, September 29-October 1, 1977, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the September 29 - October 1, 1977 meeting held in Aspen, CO.

Debates Of The 1943-1944 Constitutional Convention Of Missouri, Index

Debates of the 1943-1944 Constitutional Convention of Missouri

Index pages 1-12 of the verbatim stenotype transcription of the Debates of the 1943-1944 Constitutional Convention of Missouri. These debates spanned from January 5, 1944 - September 29, 1944. The full transcription includes over 7,000 pages.

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

Oral History: A. James Casner, American Bar Foundation

American Bar Foundation Oral Histories

American Bar Foundation Program on Oral History. Transcript of Interview with A. James Casner Interview. Held in Cambridge, Massachusetts on April 26, 1977 Olavi Maru, Interviewer.

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

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 …

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.

The Reports Of Charles Lee And John Brown, William Hamilton Bryson

Law Faculty Publications

The reports of Virginia cases from 1784 to 1794 compiled by Charles Lee and those of John Brown, which cover the period 1791 to 1799 in the Virginia Court of Appeals, are published for the first time here. Many of the cases in Lee's Reports and some in Brown's Reports have not been reported elsewhere, and the others supplement the rather brief case reports made by Bushrod Washington and Daniel Call. During the period of these reports, the judges of the court of appeals usually gave their opinions immediately after the attorneys had concluded their arguments; in the other cases …