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Articles 1 - 5 of 5

Full-Text Articles in Law

The Maryland Context Of Dred Scott: The Decline In The Legal Status Of Maryland Free Blacks 1776-1810, David S. Bogen Jan 1990

The Maryland Context Of Dred Scott: The Decline In The Legal Status Of Maryland Free Blacks 1776-1810, David S. Bogen

Faculty Scholarship

No abstract provided.


Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams Jan 1990

Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams

Faculty Scholarship

No abstract provided.


Habeas Corpus And The Penalty Of Death, Michael E. Tigar Jan 1990

Habeas Corpus And The Penalty Of Death, Michael E. Tigar

Faculty Scholarship

No abstract provided.


'Were There No Appeal': The History Of Review In American Criminal Courts, David Rossman Jan 1990

'Were There No Appeal': The History Of Review In American Criminal Courts, David Rossman

Faculty Scholarship

The contemporary criminal justice system is guided, in large part, from the top down. A great deal of the force that drives the "terrible engine" of the criminal law is supplied by courts that consider cases on review after a defendant has been convicted.


Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski Jan 1990

Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski

Faculty Scholarship

A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …