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Articles 121 - 150 of 170
Full-Text Articles in Legal History
The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green
The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green
Faculty Publications
According to Locke's theory of the social contract, which was widely accepted by the Founders, political authority is limited by those natural moral rights that individuals reserve against the government. In this Article, I argue that Locke's theory generates paradoxical conclusions concerning the government's authority over civil disobedients, that is, people who resist the government because they believe it is violating reserved moral rights. If the government lacks the authority to compel the civil disobedient to abide by its laws, the result is anarchism: The limits on governmental authority are whatever each individual says they are. If the government has …
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Faculty Publications
No abstract provided.
The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green
The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green
Faculty Publications
No abstract provided.
Defending Truth, Cynthia V. Ward, Peter A. Alces
Defending Truth, Cynthia V. Ward, Peter A. Alces
Faculty Publications
No abstract provided.
The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker
The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker
William & Mary Law Review
No abstract provided.
The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades
Faculty Publications
No abstract provided.
The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank
The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank
William & Mary Bill of Rights Journal
Judicial independence, which first developed in the Anglo-American legal system, is valued by many countries as an important condition for the rule of law. Its existence in any legal system, however, depends on concrete institutional arrangements. In this Article, Professor Plank identifies four institutional elements necessary to establish and maintain an independent judiciary: fixed tenure (with limited exceptions), fixed and adequate compensation, minimum qualifications, and limited civil immunity. The presence of these elements ensures an independent judiciary in many countries. The lack of permanent tenure for judges in most American states, however, raises serious questions about their independence.
To test …
Government Lawyers And The New Deal, Neal Devins
Government Lawyers And The New Deal, Neal Devins
Faculty Publications
No abstract provided.
Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green
Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green
Faculty Publications
No abstract provided.
The Evolution Of American Probate Courts And Emerging Standards To Guide Their Progress, Thomas L. Hafemeister, Paula Hannaford-Agor
The Evolution Of American Probate Courts And Emerging Standards To Guide Their Progress, Thomas L. Hafemeister, Paula Hannaford-Agor
Faculty Publications
Courts with probate jurisdiction are an excellent example of the evolution of American courts. Despite the fact that they are direct descendants of the English judicial system, the structure, jurisdiction, and procedures of the probate courts assumed a uniquely American flavor soon after their initial establishment in the colonies. From the beginning, American probate courts have shown considerable diversity from state to state. State courts exercising probate jurisdiction have continued to evolve over time in response to the various demands placed upon them. This article describes the historical evolution of American courts exercising jurisdiction over probate matters, with specific attention …
The Trial Of Oliver Wendell Holmes, Rodney A. Smolla
The Trial Of Oliver Wendell Holmes, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
Faculty Publications
No abstract provided.
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Faculty Publications
No abstract provided.
Section 2: Town Meeting: Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Town Meeting: Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Book Review Of The Charlemagne Tower Collection Of Colonial Laws, James S. Heller
Book Review Of The Charlemagne Tower Collection Of Colonial Laws, James S. Heller
Library Staff Publications
No abstract provided.
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Faculty Publications
No abstract provided.
A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins
A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins
William & Mary Law Review
No abstract provided.
The Revolutionary Idea Of University Legal Education, Paul D. Carrington
The Revolutionary Idea Of University Legal Education, Paul D. Carrington
William & Mary Law Review
No abstract provided.
Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White
Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White
William & Mary Law Review
No abstract provided.
Philosophy, History, And Judging, Donald P. Boyle Jr.
Philosophy, History, And Judging, Donald P. Boyle Jr.
William & Mary Law Review
No abstract provided.
Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne
Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne
Faculty Publications
Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.
Morton Horwitz And The Transformation Af American Legal History, Wythe Holt
Morton Horwitz And The Transformation Af American Legal History, Wythe Holt
William & Mary Law Review
No abstract provided.
Introduction To Legal History Symposium, John Bernard Corr
Introduction To Legal History Symposium, John Bernard Corr
William & Mary Law Review
No abstract provided.
Book Review Of Legislative Journals Of The Council Of Colonial Virginia And Minutes Of The Council And General Court Of Colonial Virginia, William F. Swindler
Book Review Of Legislative Journals Of The Council Of Colonial Virginia And Minutes Of The Council And General Court Of Colonial Virginia, William F. Swindler
William & Mary Law Review
No abstract provided.
Law As The Engine Of State: The Trial Of Anne Boleyn, Margery S. Schauer, Frederick Schauer
Law As The Engine Of State: The Trial Of Anne Boleyn, Margery S. Schauer, Frederick Schauer
William & Mary Law Review
No abstract provided.
William And Mary Bicentennial Commemoraiton: New Light On The General Court Of Colonial Virginia, Frank L. Dewey
William And Mary Bicentennial Commemoraiton: New Light On The General Court Of Colonial Virginia, Frank L. Dewey
William & Mary Law Review
No abstract provided.
The First Two Vinerian Professors: Blackstone And Chambers, Rupert Cross
The First Two Vinerian Professors: Blackstone And Chambers, Rupert Cross
William & Mary Law Review
This is the second in a series of four articles commemorating the bicentennial of American legal education, dating from the establishment of the first chair of law and police, occupied by George Wythe, at the College of William and Mary on December 4, 1779. The colonial antecedents to the College's formal relation to professional legal education may be traced to the career of Sir John Randolph, a student at William and Mary, 1705-1713, who then prepared for the bar at Gray's Inn, London (1715-1717). Randolph's two sons, Peyton ("The Patriot") and John ("The Tory") followed his example, first at the …
The Rev. John Bracken V. The Visitors Of William And Mary College: A Post-Revolutionary Problem In Visitatorial Jurisdiction, J. W. Bridge
The Rev. John Bracken V. The Visitors Of William And Mary College: A Post-Revolutionary Problem In Visitatorial Jurisdiction, J. W. Bridge
William & Mary Law Review
No abstract provided.
The Legal Profession: A Look Into The Future, William B. Spong Jr.
The Legal Profession: A Look Into The Future, William B. Spong Jr.
Popular Media
No abstract provided.
Nineteenth Century Anti-Entrepeneurial Nuisance Injunctions - Avoiding The Chancellor, Paul M. Kurtz
Nineteenth Century Anti-Entrepeneurial Nuisance Injunctions - Avoiding The Chancellor, Paul M. Kurtz
William & Mary Law Review
No abstract provided.