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Articles 1 - 3 of 3
Full-Text Articles in Law
Brougham’S Ghost, Michael S. Ariens
Brougham’S Ghost, Michael S. Ariens
Faculty Articles
In defending Queen Caroline in the House of Lords, Henry Brougham declared, “[a]n advocate, by the sacred duty of his connection with his client, knows, in the discharge of that office, but one person in the world, that client and none other.” Brougham’s ethic of advocacy has been cited repeatedly as stating the American lawyer’s duty of zealous representation of a client. It has often been called the “classic statement” of zealous representation and representing the “traditional view of the lawyer’s role.”
This essay challenges these conclusions. Brougham’s rhetoric was neither a classic statement of the duty of loyalty to …
Progressive Legal Thought, Herbert J. Hovenkamp
Progressive Legal Thought, Herbert J. Hovenkamp
All Faculty Scholarship
A widely accepted model of American legal history is that "classical" legal thought, which dominated much of the nineteenth century, was displaced by "progressive" legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it.
Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not …
Governmental Power Versus Individual Liberty, Vincent R. Johnson
Governmental Power Versus Individual Liberty, Vincent R. Johnson
Faculty Articles
Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of their day. The subjects of the book are Supreme Court Justice Tom C. Clark and his son Ramsey Clark, the most liberal attorney general in American history. The Clarks’ stories are told against a backdrop of the continuing American struggle to find the proper balance between governmental power and individual liberty.
The public careers of Tom and Ramsey Clark were largely sequential, but …