Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (197)
- University of Michigan Law School (20)
- Schulich School of Law, Dalhousie University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of San Diego (3)
-
- Claremont Colleges (2)
- Fordham Law School (2)
- Maurer School of Law: Indiana University (2)
- Penn State Dickinson Law (2)
- University of Colorado Law School (2)
- University of Georgia School of Law (2)
- American University Washington College of Law (1)
- Association of American Law Schools (1)
- Bowling Green State University (1)
- Illinois State University (1)
- Mercer University School of Law (1)
- National Law School of India University (1)
- Northwestern Pritzker School of Law (1)
- Roger Williams University (1)
- The Catholic University of America, Columbus School of Law (1)
- UIC School of Law (1)
- University of Arkansas Little Rock (1)
- University of Dar es Salaam (1)
- University of Missouri-Kansas City School of Law (1)
- University of Rhode Island (1)
- University of the District of Columbia School of Law (1)
- Villanova University Charles Widger School of Law (1)
- West Virginia University (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Law (14)
- England (8)
- SFFA (7)
- Sixth Amendment (7)
- Affirmative Action (6)
-
- Constitution (6)
- Criminal procedure (6)
- Due process (6)
- ESG (6)
- Fifth Amendment (6)
- Fourth Amendment (6)
- Privacy (6)
- Appeals (5)
- Constitutional Law (5)
- Diversity (5)
- Evidence (5)
- Juries (5)
- Securities and exchange commission (5)
- Testimony (5)
- Addiction (4)
- Artificial intelligence (4)
- Fourteenth Amendment (4)
- History (4)
- Jury (4)
- Public health (4)
- Reform (4)
- Regulation (4)
- SEC (4)
- Technology (4)
- Trial process (4)
- Publication Year
- Publication
-
- Seattle University Law Review (196)
- Michigan Law Review (14)
- Articles (3)
- Articles, Book Chapters, & Popular Press (3)
- San Diego International Law Journal (3)
-
- Touro Law Review (3)
- Book Chapters (2)
- CMC Senior Theses (2)
- Dickinson Law Review (2017-Present) (2)
- Publications (2)
- American University Law Review (1)
- Articles by Maurer Faculty (1)
- Books (1)
- Cardozo Law Review (1)
- Catholic University Law Review (1)
- Dignity: A Journal of Analysis of Exploitation and Violence (1)
- Faculty Scholarship (1)
- Faculty Works (1)
- Fordham Law Review Online (1)
- Georgia Journal of International & Comparative Law (1)
- Indian Journal of Law and Technology (1)
- Indiana Law Journal (1)
- International ResearchScape Journal (1)
- Journal of Humanities and Social Sciences (1)
- Journal of Legal Education (1)
- LLM Theses and Essays (1)
- Law Faculty Scholarship (1)
- Mercer Law Review (1)
- Northwestern Journal of Law & Social Policy (1)
- Seattle Journal of Technology, Environmental, & Innovation Law (1)
- Publication Type
Articles 241 - 256 of 256
Full-Text Articles in Common Law
Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review
Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review
Michigan Law Review
Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Michigan Law Review
Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …
Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume
Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume
Michigan Law Review
The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River.
Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.
Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.
Michigan Law Review
Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …
Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.
Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.
Michigan Law Review
ln 1939 Robert Morgan pleaded guilty to a charge of mail theft and was sentenced by a federal district court to four years imprisonment. He served the term and was released. In 1950 he was convicted of a crime in New York state and sentenced as a second offender because of his previous federal conviction. In 1952 he made application to the district court of original sentence for a common law writ of coram nobis, seeking an order vacating and setting aside his conviction by that court on the ground that he was not given assistance of counsel and had …
Book Reviews, Philip Mechem, Harold C. Havighurst, Robert E. Keeton, Frederick J. Ludwig, Clarence J. Morrow, William Miller, L. G. Blackstock, T. A. Smedley, Benjamin Harrow, Samuel L. Prince, A. Arthur Schiller, Clyde W. Summers
Book Reviews, Philip Mechem, Harold C. Havighurst, Robert E. Keeton, Frederick J. Ludwig, Clarence J. Morrow, William Miller, L. G. Blackstock, T. A. Smedley, Benjamin Harrow, Samuel L. Prince, A. Arthur Schiller, Clyde W. Summers
Journal of Legal Education
No abstract provided.
Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme
Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme
Publications
No abstract provided.
Witnesses--Competence Of Defendant's Spouse As Witness For The Prosecution, William R. Worth S.Ed.
Witnesses--Competence Of Defendant's Spouse As Witness For The Prosecution, William R. Worth S.Ed.
Michigan Law Review
Defendant, on trial for the offense of transporting across state lines a sum of money exceeding $5,000 feloniously obtained by fraud, was convicted largely through the testimony of his victim. The fraud charged consisted of a lightning courtship and hasty marriage, closely followed by the disappearance of the new husband along with the entire estate of the too-gullible bride. Over the objection of the defendant, his wife was permitted to testify to the swindle practiced upon her. After conviction, he filed a motion for a new trial, contending that it was error to permit a wife to testify against her …
Injunctive Law Enforcement: Leaven Or Secret Weapon, Frank E. Maloney
Injunctive Law Enforcement: Leaven Or Secret Weapon, Frank E. Maloney
Mercer Law Review
The historical development of English law resulted in the division of the law into three main branches: common law, equity, and criminal law. The common law as administered by the king's court developed into a rigid system of formal actions, with relief by way of money damages as the one remedy in personal actions. This development, together with the growth of highly technical rules of pleading, left many situations in which no adequate relief was available in those courts; and the resulting inflexibility of the system led to the growth of equity, under which the king's prerogative might be exercised …
Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.
Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.
Michigan Law Review
Following conviction for violation of a federal statute, petitioner was granted his release on a writ of habeas corpus by a federal district court, on the basis of uncontroverted testimony that his counsel had not been present when the jury returned its verdict. Within ten days of this release, a motion for rehearing was filed, supported by affidavits that his counsel actually had been present. On subsequent hearing, the court set aside its former order and remanded petitioner to custody, on the theory that his release was obtained by means of a fraud on the Court. The present action was …
Criminal Law-New Trial-Absence Of Accused From Trial Because Of Attorney's Negligence, Alan Goldstein
Criminal Law-New Trial-Absence Of Accused From Trial Because Of Attorney's Negligence, Alan Goldstein
Michigan Law Review
Defendant, represented by an attorney, was ordered, under an appearance bond, to appear at the November term of the court of general sessions to answer to an indictment for assault and battery with intent to kill. The indictment was not prepared during the November term, and at the end of the term the court ordered all those whose cases were not called to appear at the next term of court. At the February term defendant's case came up, but his attorney had apparently failed to read the court calendar, as neither the defendant nor the attorney knew that the trial …
Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed.
Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed.
Michigan Law Review
In the recent case of United States v. Dotterweich the United States Supreme Court (four justices dissenting) held the president of a drug jobbing company personally liable for violation of the Federal Food, Drug and Cosmetic Act on informations charging misbranding and adulteration of products. There was no evidence of any personal guilt on the defendant's part, nor was there any proof or claim that he ever knew of the introduction into commerce of the adulterated drugs in question. The disagreement among the members of the court was essentially one of statutory interpretation, but in view of the fact that …
Criminal Law And Procedure - Conspiracy To Commit A Misdemeanor As A Felony, Michigan Law Review
Criminal Law And Procedure - Conspiracy To Commit A Misdemeanor As A Felony, Michigan Law Review
Michigan Law Review
The defendant was indicted for conspiring to destroy the poles and wires of an electric public utility, the destruction of such property being a statutory misdemeanor. The indictment was prosecuted under the provision of the Michigan statutes which states that all crimes indictable at common law are punishable as felonies unless specifically declared otherwise by the statute. The crime of conspiracy comes under this "common-law offense" provision. Upon denial of his motion to dismiss, defendant sought mandamus to review the ruling. Held, an agreement to do an act made a misdemeanor by statute is a common-law conspiracy, and such …
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Michigan Law Review
The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …
A Digest Of Important Cases On The Law Of Crimes, John R. Rood
A Digest Of Important Cases On The Law Of Crimes, John R. Rood
Books
“In selecting the cases to be abridged, an effort has been made to choose those that have drawn the most attention, comment, and citation. The reputation of each case is shown to the reader in part by reference to the various collections of important cases on crimes which have been included….”--Preface.
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Federal Safety Appliance Act as a Regulation of Interstate Commerce; Liability of Christian Science Healer for Negligence and Deceit; Iowa and the Rule in Shelley's Case; Are Conditions Imposed by the Vendor of Chattels Binding on Subsequent Purchasers? Necessity for the Personal Presence of the Accused Upon Arraignment; Unconstitutional Aids to Local Industries; Damages for Mental Suffering Unaccompanied by Physical Injury