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The Common Law: An Account Of Its Reception In The United States, Ford W. Hall
The Common Law: An Account Of Its Reception In The United States, Ford W. Hall
Vanderbilt Law Review
The story of the extent to which the common law of England has been received and applied in the United States, is one of the most interesting and important chapters in American legal history. However, many courts and writers have shown a tendency simply to say that our colonial forefathers brought the common law of England with them, and there has often been little or no inclination to look further into the question. Nevertheless, the problem of the reception of the common law in America has at various times occupied the attention of many of our most eminent jurists and …
State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen
State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen
Vanderbilt Law Review
We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court of the United States arises from the American constitutional system's counterpart of the philosophical problem of the One and the Many. When an individual's freedom is involved, the question is whether and to what degree state legislators, public officials and judicial officers shall be called upon to enforce standards of respect for personal liberties defined by the Federal Constitution and the United States Supreme Court; or, put another way, how far the first eight amendments of the Federal Constitution are incorporated into the …