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Full-Text Articles in Legal History
Genteel Culture, Legal Education, And Constitutional Controversy In Early Virginia, Matthew J. Steilen
Genteel Culture, Legal Education, And Constitutional Controversy In Early Virginia, Matthew J. Steilen
Journal Articles
This article focuses on the movement to reform legal education in early national Virginia, offering a fresh perspective by examining the connection between legal education and society and culture. It challenges the notion that constitutional ideas were the primary driving force behind reforms and argues that social status and “manners” played a more significant role. Wealthy elites in Virginia associated manners with education, sending their sons to college to become gentlemen, as it secured their aspirations to gentility and their influence over society and politics. Reformers sought to capitalize on this connection by educating a generation of university-trained, genteel lawyers …
Festschrift Symposium: Honoring Professor Sam Pillsbury, Michael Waterstone, Guyora Binder, Mary Graw Leary, Deborah W. Denno, Stephen J. Morse, Scott Wood, John T. Nockleby, Gary C. Williams, Samantha Buckingham, Samuel Pillsbury, Kevin Lapp
Festschrift Symposium: Honoring Professor Sam Pillsbury, Michael Waterstone, Guyora Binder, Mary Graw Leary, Deborah W. Denno, Stephen J. Morse, Scott Wood, John T. Nockleby, Gary C. Williams, Samantha Buckingham, Samuel Pillsbury, Kevin Lapp
Journal Articles
The Loyola of Los Angeles Law Review is pleased to publish this Festschrift Symposium Honoring Professor Samuel Pillsbury. The following is an edited transcript of the live symposium held at LMU Loyola Law School on Friday, March 25, 2022.
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
Journal Articles
In a recent critique, Jens Ohlin faults contemporary criminal law textbooks for emphasizing philosophy, history and social science at the expense of doctrinal training. In this response, we argue that the political importance of criminal law justifies including reflection about the justice of punishment in the professional education of lawyers. First, we argue that both understanding and evaluating criminal law doctrine requires consideration of political philosophy, legal history, and empirical research. Second, we argue that the indeterminacy of criminal law doctrine on some fundamental questions means that criminal lawyers often cannot avoid invoking normative theory in fashioning legal arguments. Finally, …
The Gift Of Milner Ball, Thomas L. Shaffer
The Gift Of Milner Ball, Thomas L. Shaffer
Journal Articles
My friend and teacher Milner Ball speaks of the law as "systemic injustice." I find that a bit harsh and tend instead toward a way of looking at injustice that comes from the equally melancholy reflections of Robert E. Rodes, Jr., also my friend—my colleague, too—and also my teacher (in two senses, including the I-once-paid-tuition sense). Bob Rodes has noticed injustice as much as Milner has, but Bob, who tends to be an Erastian, would say it is not the law that is the source of injustice; it is not even the "system"; it is lawyers who are the source …
Mirror, Mirror On The Wall: Histories Of American Law Schools, Alfred S. Konefsky, John Henry Schlegel
Mirror, Mirror On The Wall: Histories Of American Law Schools, Alfred S. Konefsky, John Henry Schlegel
Journal Articles
No abstract provided.
David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer
David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer
Journal Articles
The Baltimore lawyer and teacher David Hoffman (1784-1854), the father of American legal ethics, was also the first of the systematic American legal educators. He held one of the first appointments in this country as a university law professor (at the University of Maryland, 1814-43) and wrote the first American outline of the study of law. Joseph Story, in a contemporary review of the 1817 Course, called Hoffman's work "an honour to our country[,] . . . by far the most perfect system for the study of the law that has ever been offered to the public. " Chancellor James …
Learning The Law-Thoughts Toward A Human Perspective, Thomas L. Shaffer, Robert S. Redmount
Learning The Law-Thoughts Toward A Human Perspective, Thomas L. Shaffer, Robert S. Redmount
Journal Articles
The history of American legal education is notable for a sparsity of ideas on how to convey learning about law. There has been even less focal understanding of what learning is and what it takes to establish a process which will prepare lawyers for their profession. A window on this history was provided in historical survey by Alfred Z. Reed in 1921 and, more recently, by Professors Preble Stolz and Calvin Woodward. It is principally their accounts of eighteenth and nineteenth century developments that we here briefly integrate and summarize. The perspective-a consideration of legal education in terms of social …
Some Professorial Fallacies About Rights, John M. Finnis
Some Professorial Fallacies About Rights, John M. Finnis
Journal Articles
Why do students usually get into a muddle when analysing legal situations in Hohfeldian terms? What is the use of trying to straighten out the muddles, and of teaching Hohfeldian analysis at all? The short answer to the first question is that Hohfeld was clear-headed in applying his scheme, but because of his writing style and his odd views about definition was regrettably gnomic about the meaning and inter-relations of the terms of that scheme. The short answer to the second question is that clear-headed familiarity with Hohfeld's scheme can bring with it an awareness of the questions regularly begged …
History Of The Notre Dame College Of Law, Thomas Frank Konop
History Of The Notre Dame College Of Law, Thomas Frank Konop
Journal Articles
In the summer of 1868 the Board of Trustees of the University passed a resolution "for the opening of a course in law at Notre Dame." At that time there were very few law schools in the country and the profession was almost wholly recruited from the law-offices. As a matter of fact there was great doubt among the lawyers at that time as to the advisability and the possibility of acquiring training for the bar at a university. There were even prejudices at that time against the study of law at law schools. It was during such doubts and …