Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Anti-Discrimination Ethics Rules And The Legal Profession, Michael Ariens Jan 2022

Anti-Discrimination Ethics Rules And The Legal Profession, Michael Ariens

Faculty Articles

“Reputation ought to be the perpetual subject of my Thoughts, and Aim of my Behaviour. How shall I gain a Reputation! How shall I Spread an Opinion of myself as a Lawyer of distinguished Genius, Learning, and Virtue.” So wrote twenty-four-year-old John Adams in his diary in 1759. He had been a licensed lawyer for just three years at that time and had already believed himself to be hounded by “Petty foggers” and “dirty Dablers in the Law”—unlicensed attorneys who, Adams claimed, fomented vexatious litigation for the fees they might earn.

Adams believed his embrace of virtue, along with genius …


Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Oct 2019

Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


United States V. The William And The Phenomena Of Jury Nullification In Early 19th Century America, Michael G. Lederman Jan 2017

United States V. The William And The Phenomena Of Jury Nullification In Early 19th Century America, Michael G. Lederman

Legal History Publications

In September 1808, Judge John Davis upheld the constitutionality of the Embargo Act of 1807 under the Constitution’s Article I, Section 8, Clause 3 Interstate Commerce power. Judge Davis’s original opinion curiously lacks any reference to Marbury v. Madison. Judge Davis defends judicial review and rejects the notion of jury nullification. While Judge Davis upheld the embargo’s constitutionality, a subsequent jury trial on the facts resulted in the return of The William to its rightful owners. This case reflects the attempts by early American judges to carve out the power of judicial review and maintain the appearance of an …


Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2016

Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey Jun 2016

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.


What Gideon Did, Sara Mayeux Jan 2016

What Gideon Did, Sara Mayeux

All Faculty Scholarship

Many accounts of Gideon v. Wainwright’s legacy focus on what Gideon did not do—its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few “outlier” states, and therefore did not represent a dramatic doctrinal shift. For criminal procedure scholars, advocates, and journalists, Gideon has failed, in practice, to guarantee meaningful legal help for poor people charged with crimes.

Drawing on original historical research, this Article instead chronicles what Gideon did—the doctrinal and institutional changes it inspired between 1963 and the early 1970s. Gideon shifted the legal profession’s policy consensus on indigent defense away from …


The Witchcraft Trials In Salem: A Commentary, Douglas O. Linder Jan 2007

The Witchcraft Trials In Salem: A Commentary, Douglas O. Linder

Faculty Works

From June through September of 1692, nineteen men and women, all having been convicted of witchcraft, were carted to Gallows Hill, a barren slope near Salem Village, for hanging. Another man of over eighty years was pressed to death under heavy stones for refusing to submit to a trial on witchcraft charges. Hundreds of others faced accusations of witchcraft. Dozens languished in jail for months without trials. Then, almost as soon as it had begun, the hysteria that swept through Puritan Massachusetts ended. Why did this travesty of justice occur? Why did it occur in Salem? Nothing about this tragedy …


Redistricting On Beacon Hill And Political Power On Capitol Hill: Ancient Legacies And Present-Day Perils, Richard A. Hogarty, Garrison Nelson Sep 2001

Redistricting On Beacon Hill And Political Power On Capitol Hill: Ancient Legacies And Present-Day Perils, Richard A. Hogarty, Garrison Nelson

New England Journal of Public Policy

This article discusses legislative reapportionment and past efforts to manipulate district lines as far back as the legendary Elbridge Gerry in the early nineteenth century. Specifically, it deals with what political history has to tell us about the current furor over House Speaker Thomas Finneran’s proposed congressional redistricting. More than any other state in the Union, the Massachusetts lawmakers in the U.S. House of Representatives have enjoyed disproportionate power as a result of a bipartisan strategy of incumbency protection dating back to the 1940s. That power may be in jeopardy if Speaker Finneran implements his plans to create a new …


Making Blacks Foreigners: The Legal Construction Of Former Slaves In Post-Revolutionary Massachusetts, Kunal Parker Jan 2001

Making Blacks Foreigners: The Legal Construction Of Former Slaves In Post-Revolutionary Massachusetts, Kunal Parker

Articles

No abstract provided.


Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings Mar 1983

Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings

Michigan Law Review

A Review of Law and Society in Puritan Massachusetts: Essex County, 1629-1692 by David Thomas Konig, and Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825 by William E. Nelson, and Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 by A.G. Roeber


From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch May 1982

From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch

Michigan Law Review

While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …


Book Review: J. Reid, In A Defiant Stance, Maximillian J.B. Welker, Jr. Jan 1978

Book Review: J. Reid, In A Defiant Stance, Maximillian J.B. Welker, Jr.

Seattle University Law Review

The uses and abuses of law in prerevolutionary Massachusetts is the subject of this scholarly, yet eminently readable book. The manipulation of law and legal process by both the colonists and the Crown was, of course, a response to political conditions. A major strength of Professor Reid's analysis is the exposition of how political policies can determine the parameters of peaceful opposition. He accomplishes this by comparing the colonial experience in America with the success of British imperial law in eighteenth-century Ireland. The book is far more than a contribution to comparative legal historiography however; it presents a conception of …