Legal History Commons^™

Kcon Xi Essay Introduction: Compulsory Arbitration And Adhesion Contracts In The Age Of Donald Trump, Peter Linzer

St. Mary's Law Journal

Remarks of Peter Linzer on receiving the Lifetime Achievement Award from the 11th International Contracts Conference (K-CON XI). Revised after Election Day, 2016.

The Magna Carta And The Beginning Of Modern Legal Thought, Vincent R. Johnson

Faculty Articles

As the Magna Carta, England's Great Charter of Liberties, marks its eighth centennial, it is appropriate to ask what's in it. The answer, it turns out, lives up to the legend. What's in the Magna Carta is the beginning of modern legal thought. The Great Charter set the expectations that for 800 years have shaped the development of the law in England, America, and around the globe. Like a blazing light piercing the medieval darkness, the Magna Carta illuminated the importance of legal principles, fair procedures, proportional punishment, official accountability, and respect for human dignity. It was unlike any legal …

Lost And Found - David Hoffman And The History Of American Legal Ethics, Michael S. Ariens

Faculty CLE

David Hoffman was a successful Baltimore lawyer who wrote the first study of American law in 1817 and authored the first maxims of American legal ethics. Yet for more than a century after his death, Hoffman was a forgotten figure to American lawyers. Beginning in the late 1970s, Hoffman was re-discovered, and his writings on legal ethics have been favorably cited.

How and why was Hoffman “lost” to American law for over a century, and why he was “found”? Hoffman was lost to history because his view of ethics was premised on republican virtue, specifically the concept of honor. A …

The Texas Supreme Court: A Narrative History, 1836–1986 (Book Review), Michael S. Ariens

Faculty Articles

The historical material and resources available for American legal historians is both too much and too little. Hundreds of published case opinions became thousands of opinions by the end of the 1820s, leading lawyers to conclude that no one could know the entirety of the law. Yet this cascade of information is also too little, because the work of treatise writers and magazine editors of the time was ruthlessly focused on then-existing legal concerns.

For these reasons, James L. Haley works within difficult strictures in his book, The Texas Supreme Court: A Narrative History, 1836–1986. Because his story is about …

Teaching American Legal History Through Storytelling, Michael S. Ariens

Faculty Articles

Distinct from facts and truths, the power of storytelling can serve as a method of teaching American Legal History. A course in American Legal History can facilitate discussion into whether the rule of law has been the rule or exception in the history of American law. Integral to this overarching story are three storylines that surface throughout the course: the development of law in American political history; the ideological underpinnings of legal doctrine development; and the rise and decline of different approaches to legal thought and their effect on legal education.

The course begins with a chronological overview of the …

A Short History Of Hearsay Reform, With Particular Reference To Hoffman V. Palmer, Eddie Morgan And Jerry Frank, Michael S. Ariens

Faculty Articles

Much of the history of the American law of evidence, including its most contentious issue, hearsay, is the story of stasis and reform. The case of Hoffman v. Palmer represents one of few cases concerning hearsay known by name, and illustrates that “false” evidence has often been used to caution against efforts proclaiming “radical reform” of the law of evidence.

In this case involving a collision between a car and a train, the critical question was: Is the defendant railroad permitted to introduce into evidence the transcript of a question and answer session made two days after the accident between …

The Law Of Evidence And The Idea Of Progress, Michael S. Ariens

Faculty Articles

To ask the question, “Does evidence law matter?,” is often to assume that some sets or groups of people believe it is important while others are challenging that view. However, another assumption regarding the nature of this question is possible—that the question is asked because legal academics believe that evidence law both does and does not matter, and that those academics also believe that these are irreconcilable beliefs. What is of particular interest is how legal academics reached this point and why they believe that evidence law both does and does not matter.

Consideration of these aspects of evidence law …

Progress Is Our Only Product: Legal Reform And The Codification Of Evidence, Michael S. Ariens

Faculty Articles

Twentieth century reform of the American law of evidence was initially premised on the ideals of legal progressivism, ideals splintered by American legal realism. In preparing the American Law Institute's Model Code of Evidence from 1939 to 1942, Harvard Law School professor Edmund M. Morgan attempted to reconstitute the framework of reform in light of the challenge of legal realism. The Model Code was based on granting greater discretion to the trial judge and changing the goals of the trial from a search for truth to a "rational" resolution of disputes.

Morgan’s decision to emphasize the rational resolution of disputes …

On The Road Of Good Intentions: Justice Brennan And The Religion Clauses, Michael S. Ariens

Faculty Articles

Associate Supreme Court Justice William J. Brennan took the oath of office on October 16, 1956. At the time of Justice Brennan’s appointment to the Supreme Court, the Court had decided only a few cases involving the religion clauses of the first amendment, and judicial interpretation of the religion clauses had been sparing.

In the thirty-four years of Justice Brennan’s tenure, the Court worked several revolutions in religion clause jurisprudence—revolutions guided by a sense of the needs of a changing society. Justice Brennan was one of several architects of a new order in establishment clause interpretation, and was the architect …

Rare Book And Special Collections Bibliography, Beatrice S. Citron

Rare Books and Special Collections

No abstract provided.

Report With Findings And Recommendations To The Conference Of Chief Justices From Its Task Force On Lawyer Competence, Conference Of Chief Justices

Miscellaneous Materials

This report is the result of three years of effort by the Conference of Chief Justices Task Force on Lawyer Competence (and former committees under a different names} to exam1ne the evidence concerning the general performance of the legal profession and to evaluate the various proposals made for enhancing it.

Final Draft Of The Model Rules Of Professional Conduct, American Bar Association

American Bar Association Historical Documents on Ethics

This pullout supplement to the October, 1981 issue of the American Bar Association Journal contains the final draft of the Model Rules of Professional Conduct as prepared and published by the American Bar Association Commission on Evaluation of Professional Standards on May 30, 1981. Because of space limitations, “Legal Background” notes, certain tables, and the index that appear in the Commission's publication have been omitted from this supplement. The Commission also has issued the Model Rules in an alternative draft in the format of the Model Code of Professional Responsibility.

Report And Recommendations On Study Of The Model Rules Of Professional Conduct (Discussion Draft Of January 30, 1980), National Organization Of Bar Counsel

Miscellaneous Materials

No abstract provided.

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke

Federal Judicial Center Reports

This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy, the Center speaks only through its Board.

The Scientific Method In Legal Thought: Legal Realism And The Fourteen Principles Of Justice., C. Kaufman

St. Mary's Law Journal

The purpose of the law is to do justice. This has led to society believing that justice is a legitimate function of the law. Because of this, the decisions of courts and legislators reflect core principles of justice that underlay the law. By utilizing the scientific method’s process of looking at data and drawing a hypothesis to explain that data, these core principles of justice can be hammered out by examining the just explanations for different lines of cases or statutes and can be seen consistently running throughout recorded decisions. Because of the law’s purpose of justice, it should always …

Commission On Evaluation Of Professional Standards Journal, 06/1979: June 29-30, 1979, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the June 29-20, 1979 meeting held in Seattle, WA.

Commission On Evaluation Of Professional Standards Journal, 04/1979: April 27-28, 1979, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the April 28-29, 1979 meeting held in Chicago, IL..

Commission On Evaluation Of Professional Standards Journal, 02/1979: February 23-24, 1979, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the February 23-24, 1979 meeting held in Research Triangle Park, NC.

Commission On Evaluation Of Professional Standards Meetings Held, 1977-1979, American Bar Association

American Bar Association Historical Documents on Ethics

Dates and locations of meetings of the Special Committee on the Evaluation of Professional Standards

Commission On Evaluation Of Professional Standards Journal, 12/1978: December 14-16, 1978, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the December 14-16, 1978 meeting held in San Francisco, CA.

Commission On Evaluation Of Professional Standards Journal, 10/1978: October 19-21, 1978, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the October 19-21, 1978 meeting held in Boston, MA.

Commission On Evaluation Of Professional Standards Journal, 08/1978: August 25-27, 1978, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the August 25-27, 1978 meeting held in Aspen, CO.

Survey Of Literature On Discovery From 1970 To The Present: Expressed Dissatisfactions And Proposed Reforms, Daniel Segal

Federal Judicial Center Reports

Eight years have passed since the last major revision of the discovery provisions of the Federal Rules of Civil Procedure. During those years, there has been a substantial amount of writing on the discovery rules. While much of it has been aimed at helping practitioners understand the rules, a large portion has been critical in nature, examining how well the rules are functioning, isolating their problem areas and making suggestions for reform. It was the purpose of the study on which this Report is based to survey and analyze that critical literature. The Report's first section sets out in detail …

Commission On Evaluation Of Professional Standards Journal, 06/1978: June 9-10, 1978, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the June 9-10, 1978 meeting held in Omaha, NE.

Judicial Controls And The Civil Litigative Process: Discovery, Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman

Federal Judicial Center Reports

This report should be viewed as a beginning. It explores from one perspective the operation of the federal rules governing discovery as revealed in more than 7,000 docketed requests appearing in more than 3,000 terminated cases in six United States district courts, (A survey of practitioners in the six districts suggests that the docketed requests cover the great bulk of discovery activity.) The report is a continuation of the Center's District court studies Project, the first report of which (Case Management and Court Management in United States District Court) appeared several months ago.

Commission On Evaluation Of Professional Standards Journal, 04/1978: April 7-8, 1978, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the April 7-8, 1978 meeting held in Atlanta, GA.

Special Committee On The Evaluation Of Professional Standards Journal 02/1978: February 24-25, 1978, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the February 24-25, 1978 meeting held in Washington, D.C.

Special Committee On The Evaluation Of Professional Standards Journal, December 16-17, 1977, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the December 16-17, 1977 meeting held in New York, NY.

Special Committee On The Evaluation Of Professional Standards Journal, September 29-October 1, 1977, American Bar Association

American Bar Association Historical Documents on Ethics

Transcript of the September 29 - October 1, 1977 meeting held in Aspen, CO.

Oral History: A. James Casner, American Bar Foundation

American Bar Foundation Oral Histories

American Bar Foundation Program on Oral History. Transcript of Interview with A. James Casner Interview. Held in Cambridge, Massachusetts on April 26, 1977 Olavi Maru, Interviewer.