Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- English law (2)
- Bacon's Aphorisms (1)
- Chancery (1)
- Civil law (1)
- Continental Army (1)
-
- Court of Delegates (1)
- Courts (1)
- Culpeper Minutemen (1)
- DJAG (1)
- Deputy Judge Advocate General (1)
- Ecclesiastical law (1)
- Election of judges (1)
- English courts (1)
- Exchequer (1)
- Francis Bacon (1561-1626) (1)
- Frederick William Maitland (1850-1906) (1)
- John Marshall (1)
- Judicial independence (1)
- Law reports (1)
- Magna Carta (1)
- Middle Ages (1)
- Rule of law (1)
- The Forms of Action at Common Law (1)
- Valley Forge (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson
Law Faculty Publications
This essay, first presented at the Magna Carta anniversary symposium of the Baronial Order of Magna Charta on April 16, 2015, at The Cosmos Club, in Washington, D.C., takes as its inspiration the spirit of the rule of law, as laid down in the Magna Carta. Specifically, the author argues that the popular election and reelection of judges undermines the rule of law, and democracy in general, by exposing judges to the manipulations of financial corruption, political intimidation, and the often irrational shifts in popular opinion. To correct this problem, the author calls for amendment of the thirty-nine state constitutions …
Glimpses Of Marshall In The Military, Kevin C. Walsh
Glimpses Of Marshall In The Military, Kevin C. Walsh
Law Faculty Publications
Before President John Adams appointed him as Chief Justice of the United States in 1801, John Marshall was a soldier, a state legislator, a federal legislator, an envoy to France, and the Secretary of State. He also maintained a thriving practice in Virginia and federal courts, occasionally teaming up with political rival and personal friend Patrick Henry. Forty-five years old at the time of his appointment to the Supreme Court, Marshall has been serving his state and his country for a quarter century before he took judicial office. Marshall is an exemplar of professional excellence for all lawyers and judges. …
Maitland, The Forms Of Action At Common Law, William Hamilton Bryson
Maitland, The Forms Of Action At Common Law, William Hamilton Bryson
Law Faculty Publications
This chapter gives a brief overview of the life and work of Frederick William Maitland (1850-1906), with particular attention to his The Forms of Action at Common Law.
Bacon, Example Of A Treatise Touching Universal Justice, William Hamilton Bryson
Bacon, Example Of A Treatise Touching Universal Justice, William Hamilton Bryson
Law Faculty Publications
This chapter provides a brief overview of the life and work of Francis Bacon, Viscount St. Alban (1561-1626), with particular attention to his Exemplum Tractatus de justitia universalis, sive de fontibus iuris in uno titulo per aphorismos, published in 1623.
Miscellaneous Reports Of Cases In The Court Of Delegates From 1670 To 1750, William Hamilton Bryson
Miscellaneous Reports Of Cases In The Court Of Delegates From 1670 To 1750, William Hamilton Bryson
Law Faculty Publications
In 1971, G. I. O. Duncan published a learned and useful book entitled The High Court of Delegates. This excellent treatise describes the jurisdiction, administration, procedures, and records of this court with exceptional clarity. In 2004, the substantive law of the Court of Delegates was fully and admirably expounded by R. H. Helmholz in The Oxford History of the Laws of England, Volume 1, The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s. For the next step in the study of this court to be taken, more of the source materials from this court needs to be made …
Reports Of Cases In The Court Of Chancery In The Middle Ages, William Hamilton Bryson
Reports Of Cases In The Court Of Chancery In The Middle Ages, William Hamilton Bryson
Law Faculty Publications
If the history of the law is to be properly written, it must be based upon the primary legal sources. One of the primary source materials of the law is the reports of cases. These are particularly important because here is the best evidence of the judges’ legal reasoning. The court records kept by the clerks of the courts do not give this information as, indeed, it is not their purpose to do any more than record the results of a particular lawsuit for future use. They primarily serve the purpose of res judicata; their value as judicial precedent …
Reports Of Cases In The Court Of Exchequer From 1604 To 1648, William Hamilton Bryson
Reports Of Cases In The Court Of Exchequer From 1604 To 1648, William Hamilton Bryson
Law Faculty Publications
Before the year 2000, there were in print only two modest collections of reports of cases in the Court of Exchequer dating before the accession of King George I in 1714. These are the reports of Sir Richard Lane (d. 1650) and those of Thomas Hardres (d. 1681). Combined, they cover only 28 years, and the number of cases is quite minuscule compared to the other high courts of justice at Westminster. This extreme paucity of printed materials has given a false impression of unimportance of the Court of Exchequer. While it is certainly true that this court did not …