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Full-Text Articles in Legal History

Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard Jan 1979

Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard

University of Richmond Law Review

A decade ago Stanley Katz asserted that the eighteenth century American lawyer exhibited "a surprising familiarity with contemporary English law and a high degree of technical competence," and challenged legal historians to reappraise traditional views of the colonial bar. To a great extent this task has been undertaken, but the legal history of early Virginia still languishes. Anxious to rectify this situation, Professor W. Hamilton Bryson of the University of Richmond School of Law has compiled a "census" of law books in early Virginia, hoping to "shed some light on the law which shaped the lawyers who shaped the nation."


Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund Jan 1979

Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund

Cardozo Law Review

No abstract provided.


A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock Jan 1979

A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock

Cardozo Law Review

A personal view of Justice Benjamin N. Cardozo and his approach to the law is perhaps best provided by those who worked under his direct tutelage. Four men who served as law clerks to the Justice during his six year term on the Supreme Court agreed to share their reflections on that experience in this commemorative volume. Joseph Rauh, the Justice's last law clerk, wrote first; his recollections were then circulated among the other three: Melvin Siegel, Ambrose Doskow and Alan M. Stroock. Their responses to Mr. Rauh's memories of the Justice and his judicial style present intriguing contrasts and …


Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter Jan 1979

Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter

Research Collection Yong Pung How School Of Law

The war in Vietnam was the source of a great deal of social, political, and legal controversy. The impact of that war on our society was significant and substantial, but most students of the experience would probably not have predicted that the war's events would produce a lawsuit that could have a significant effect on the common law tort of defamation. The intriguing saga of Lt. Colonel Anthony Herbert, however, set the stage for the decision of a case that was almost as important to libel litigants as New York Times Co. v. Sullivan and Gertz v. Robert Welch, Inc.


Marbury V. Madison, Lord Coke And Dr. Bonham: Relics Of The Past, Guidelines For The Present: Judicial Review In Transition?, George P. Smith Ii Jan 1979

Marbury V. Madison, Lord Coke And Dr. Bonham: Relics Of The Past, Guidelines For The Present: Judicial Review In Transition?, George P. Smith Ii

Scholarly Articles

It will be the purpose of this article to explore the modern significance of Coke's influence as analyzed and interpreted through the famous Bonham's Case and thereby to provide an insight into the development of our own concepts of judicial review, as borrowed from the English, in its original historical-legal perspective and as seen through the decision in Marbury v. Madison and applied modernly in the principal case of Baker v.Carr.


David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield Jan 1979

David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield

Scholarly Articles

In recent years scholars have paid increasing attention to the concept of "republicanism" as a measure of cultural change in America during the late eighteenth and early nineteenth centuries. To the Revolutionary generation republicanism connoted most obviously a representative form of government, based upon popular sovereignty and limited in its powers by a written constitution. But republican ideology encompassed far more than the restructuring of political institutions. It called for a regenerated society as well, in which men should be encouraged to pursue their individual destinies with a minimum of interference from public authorities. Civic morality and self-determination were closely …


The History Of Legal Education In Virginia, William Hamilton Bryson Jan 1979

The History Of Legal Education In Virginia, William Hamilton Bryson

Law Faculty Publications

Many methods of legal education have been used over the years. Each has its strengths and its weaknesses. The study of the past is instructive and useful in showing both the good and bad goals and methods. We must cultivate the good and uproot the bad. This study suggests that there has always been progress, slow but constant improvement. The teaching of law is vital to the administration of justice, a noble cause. The continuing challenge is ever to strive for the improvement thereof.


Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr. Jan 1979

Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.


Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr. Jan 1979

Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.

Cardozo Law Review

No abstract provided.


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

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.


The Opinion Volume 19 Number 6 – December 7, 1978, The Opinion Dec 1978

The Opinion Volume 19 Number 6 – December 7, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 7, 1978


Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers Dec 1978

Professor Fuller's Jurisprudence And America's Dominant Philosophy Of Law, Robert S. Summers

Cornell Law Faculty Publications

The late Lon L. Fuller played an influential role in the development of American jurisprudence, but his views have not always prevailed. In this tribute to the memory of Professor Fuller, Professor Summers outlines the major tenets of what he perceives to be our dominant philosophy of law – “pragmatic instrumentalism” – by way of contrasting that philosophy with the views of Professor Fuller. Professor Summers concludes that these two philosophies differ in many important respects and that our dominant philosophy of law should accommodate, and may indeed already be in the process of accommodating, the thought of Professor Fuller.


Fornication, Cohabitation, And The Constitution, Michigan Law Review Dec 1978

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …


The Opinion Volume 19 Number 5 – November 9, 1978, The Opinion Nov 1978

The Opinion Volume 19 Number 5 – November 9, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 9, 1978


The Opinion Volume 19 Number 4 – October 26, 1978, The Opinion Oct 1978

The Opinion Volume 19 Number 4 – October 26, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 26, 1978


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

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.


The Opinion Volume 19 Number 3 – October 12, 1978, The Opinion Oct 1978

The Opinion Volume 19 Number 3 – October 12, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 12, 1978


The Concept Of Aboriginal Rights In The Early Legal History Of The United States, Howard R. Berman Oct 1978

The Concept Of Aboriginal Rights In The Early Legal History Of The United States, Howard R. Berman

Buffalo Law Review

No abstract provided.


In A Defiant Stance: The Conditions Of Law In Massachusetts Bay, The Irish Comparison, And The Coming Of The American Revolution, By John Phillip Reid, Hendrik Hartog Oct 1978

In A Defiant Stance: The Conditions Of Law In Massachusetts Bay, The Irish Comparison, And The Coming Of The American Revolution, By John Phillip Reid, Hendrik Hartog

Indiana Law Journal

No abstract provided.


Aboriginal Title In The Common Law: A Stony Path Through Feudal Doctrine, Gordon I. Bennett Oct 1978

Aboriginal Title In The Common Law: A Stony Path Through Feudal Doctrine, Gordon I. Bennett

Buffalo Law Review

No abstract provided.


Clinical Education-A Golden Dancer?, W. Wade Berryhill Oct 1978

Clinical Education-A Golden Dancer?, W. Wade Berryhill

Law Faculty Publications

Clinical education is acclaimed by its advocates to be the salvation of the wayward and sick soul of the legal profession. Others, the staunch defenders of the more traditional academic methods, believing it to be nothing more than spit and sealing wax, shake their heads and murmur "is nothing sacred?" The purpose of this paper is to take a good "look behind the paint" of clinical education.


The Opinion Volume 19 Number 2 – September 28, 1978, The Opinion Sep 1978

The Opinion Volume 19 Number 2 – September 28, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 28, 1978


The Opinion Volume 19 Number 1 – September 14, 1978, The Opinion Sep 1978

The Opinion Volume 19 Number 1 – September 14, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 14, 1978


Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor Sep 1978

Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor

BYU Law Review

No abstract provided.


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

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.


American Bar Association Meeting Prayer Breakfast, Lewis F. Powell Jr. Aug 1978

American Bar Association Meeting Prayer Breakfast, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.


Reflections On A Unified Theory Of Motive, Theodore Eisenberg Aug 1978

Reflections On A Unified Theory Of Motive, Theodore Eisenberg

Cornell Law Faculty Publications

No abstract provided.


Survey Of Literature On Discovery From 1970 To The Present: Expressed Dissatisfactions And Proposed Reforms, Daniel Segal Jul 1978

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 …


The Opinion Volume 18 Number 11 – July 6, 1978, The Opinion Jul 1978

The Opinion Volume 18 Number 11 – July 6, 1978, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated July 6, 1978


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

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.