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Articles 361 - 390 of 461
Full-Text Articles in Common Law
James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad
James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Eminent Domain Law, Riparian Doctrine, And Early American Land Settlement: An Evolutionary History Of Vested Property Rights From The Late 18th Through The 19th Century, Scott Beckstead
Undergraduate Honors Capstone Projects
This paper is an effort to present a synopsis of the jurisprudence of eminent domain law and riparian doctrine and their place in the history of American property law. Both areas are vast and complicated bodies of law, and both are still undergoing scrutiny and change. We therefore will concentrate on those cases and doctrines that culminated in the eminent domain jurisprudence of the early West. In the context of early American land settlement and development, the paper will define what is known among legal and historical scholars as "takings," expounding on different aspects of that concept. We will examine …
The Collaborative Model Of Statutory Interpretation, William D. Popkin
The Collaborative Model Of Statutory Interpretation, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Conceptions Of The Common Law: Reflections On A Theory Of Contract, Vincent A. Wellman
Conceptions Of The Common Law: Reflections On A Theory Of Contract, Vincent A. Wellman
University of Miami Law Review
No abstract provided.
Crime And The Courts In England 1660-1800, Frank C. Shaw
Crime And The Courts In England 1660-1800, Frank C. Shaw
Michigan Law Review
A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie
Origins Of The Common Law (A Three-Part Series) Part Iti: Common Law Under The Early Normans, David A. Thomas
Origins Of The Common Law (A Three-Part Series) Part Iti: Common Law Under The Early Normans, David A. Thomas
BYU Law Review
No abstract provided.
Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar
Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Politics Of Statutory Construction, Daniel M. Harris
The Politics Of Statutory Construction, Daniel M. Harris
BYU Law Review
No abstract provided.
Origins Of The Common Law (A Three-Part Series)-Part Ii. Anglo-Saxon Antecedents Of The Common Law, David A. Thomas
Origins Of The Common Law (A Three-Part Series)-Part Ii. Anglo-Saxon Antecedents Of The Common Law, David A. Thomas
BYU Law Review
No abstract provided.
The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson
The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson
BYU Law Review
No abstract provided.
English Common Law In Virgina, William Hamilton Bryson
English Common Law In Virgina, William Hamilton Bryson
Law Faculty Publications
By statute the common law of England is the basis of the common law of modern Virginia. This reception statute refers to the customary, unwritten law of the kingdom of England, but only that part which was general and common to all parts of England. That the English common law is the foundation of the law of Virginia is a matter not merely of a modern statute but also of history and reason.
Origins Of The Common Law ( A Three-Part Series) Part I: The Disappearance Of Roman Law From Dark Age Britain, David A. Thomas
Origins Of The Common Law ( A Three-Part Series) Part I: The Disappearance Of Roman Law From Dark Age Britain, David A. Thomas
BYU Law Review
No abstract provided.
Criminal Justice In Colonial America, 1606-1660, Michigan Law Review
Criminal Justice In Colonial America, 1606-1660, Michigan Law Review
Michigan Law Review
A Review of Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
The American Codification Movement, A Study Of Antebellum Legal Reform, Robert W. Gordon
The American Codification Movement, A Study Of Antebellum Legal Reform, Robert W. Gordon
Vanderbilt Law Review
Between 1820 and 1850 American legal commentators became obsessed with whether legislatures should codify, either in whole or in part, the common law of the American states. Indeed, "[a]lmost every law writer after 1825 felt compelled to include his views [on codification] in his works of whatever sort."" The enormous literature that emerged from this period survives today to fascinate modern legal historians, who seem to have developed their own obsession for the "codification" issue. As Lawrence Friedman has said, "The codification movement is one of the set pieces of American legal history." Charles M. Cook's "The American Codification Movement: …
The Abolition Of The Forms Of Action In Virginia, William Hamilton Bryson
The Abolition Of The Forms Of Action In Virginia, William Hamilton Bryson
Law Faculty Publications
The common law procedure for initiating actions at law in the English courts required a plaintiff to obtain a writ invoking the jurisdiction of the court and to file a declaration setting forth the facts that justified instigation of the suit and established the cause of the action. This clumsy and archaic system of litigation was abolished by a single chop of the legislative guillotine in New York in 1848. England followed suit in 1875, and the United States federal courts in 1938. Writs and declarations were replaced by simple forms which were copied from the practice of the equity …
‘Economists’ Reasons' For Common Law Decisions - A Preliminary Inquiry, Robert S. Summers, Leigh B. Kelley
‘Economists’ Reasons' For Common Law Decisions - A Preliminary Inquiry, Robert S. Summers, Leigh B. Kelley
Cornell Law Faculty Publications
No abstract provided.
Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist
Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist
Buffalo Law Review
No abstract provided.
The Structure Of Blackstone's Commentaries, Duncan Kennedy
The Structure Of Blackstone's Commentaries, Duncan Kennedy
Buffalo Law Review
No abstract provided.
Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers
Two Types Of Substantive Reasons: The Core Of A Theory Of Common-Law Justification, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Theme V. Reality In American Legal History: A Commentary On Horwitz, The Transformation Of American Law, 1780-1860, And On The Common Law In America, R. Randall Bridwell
Theme V. Reality In American Legal History: A Commentary On Horwitz, The Transformation Of American Law, 1780-1860, And On The Common Law In America, R. Randall Bridwell
Indiana Law Journal
No abstract provided.
Book Review. Transcending Covenant And Debt, Morris S. Arnold
Book Review. Transcending Covenant And Debt, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green
The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green
Articles
The early English jury was self-informing and composed of persons supposed to have first-hand knowledge of the events and persons in question. The judge instructed the jury on the law, but was himself almost entirely dependent upon the jury for his knowledge of the case. By stating the evidence in a way that made the result it wanted a necessary conclusion, the medieval jury was able to alter the impact of formal rules of law to conform with prevailing social attitudes.
Book Review. The Assize Of Novel Disseisin By Donald W. Sutherland, Morris S. Arnold
Book Review. The Assize Of Novel Disseisin By Donald W. Sutherland, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Book Review. Ex Nihilo Nihil, Morris S. Arnold
Book Review. Ex Nihilo Nihil, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
The Constitutional History Of The Seventh Amendment, Charles W. Wolfram
The Constitutional History Of The Seventh Amendment, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson
Law Faculty Publications
The equity jurisdiction of the Exchequer has been so overshadowed by the equity jurisdiction of the Chancery and that of other courts that there is today only a foggy awareness that it ever existed. Therefore it is the purpose of this communication to locate this court .within the course of English legal history and to say a word or two about its development.
Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman
Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman
Villanova Law Review (1956 - )
No abstract provided.
Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller
Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller
Michigan Law Review
The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …
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 …