Legal History Commons^™

The Opinion Volume 17 Number 9 – March 17, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 17, 1977

The Opinion Volume 17 Number 8 – March 3, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 3, 1977

Judicial Impeachments And The Struggle For Democracy In South Carolina, James W. Ely, Jr.

Vanderbilt Law Review

Judicial tenure had become a sensitive issue in the colonies before the American Revolution. Although the Act of Settlement of 1701 guaranteed tenure during good behavior for judges in England, this statute did not extend to the colonies, and royal governors regularly were instructed to issue judicial commissions at the pleasure of the Crown. Judges in New York briefly secured appointments for good behavior during the 1750's, but in 1761 the King in Council directed that henceforth no commission could be granted except at pleasure. In 1759 the Pennsylvania Assembly passed a measure providing that judges in that colony would …

The Opinion Volume 17 Number 7 – February 17, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 17, 1977

Can/Should Computers Replace Judges?, Anthony D'Amato

Faculty Working Papers

Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.

The Early Legal Career Of Howell Jackson, Terry Calvani

Vanderbilt Law Review

Felix Frankfurter observed in 1937 that "American legal history has done very little to rescue the [United States Supreme] Court from the limbo of impersonality."' Subsequently, numerous individual and collective works have focused on the more prominent figures in the history of that institution.' Unfortunately, there remain many justices of the Supreme Court who have received relatively little scholarly attention. Yet, as one political scientist has recently lamented, "[until] there is a fuller awareness of the inter-play between individual personalities and decision making, it is unlikely there will be 'an adequate history of the Supreme Court."

One such individual is …

Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner

All Faculty Scholarship

This article refutes the claimed historical bases for criminal law in rem forfeiture.

The Reports Of Charles Lee And John Brown, William Hamilton Bryson

Law Faculty Publications

The reports of Virginia cases from 1784 to 1794 compiled by Charles Lee and those of John Brown, which cover the period 1791 to 1799 in the Virginia Court of Appeals, are published for the first time here. Many of the cases in Lee's Reports and some in Brown's Reports have not been reported elsewhere, and the others supplement the rather brief case reports made by Bushrod Washington and Daniel Call. During the period of these reports, the judges of the court of appeals usually gave their opinions immediately after the attorneys had concluded their arguments; in the other cases …

Review, Justice Accused: Antislavery And The Judicial Process, Richard Kay

Faculty Articles and Papers

Reviewing Justice Accused: Antislavery and the Judicial Process By Robert M. Cover. New Haven: Yale University Press. 1975.

Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer

Articles

No abstract provided.

Report Of The Dean Of The School Of Law For The Year 1976-1977, Charles O. Galvin

[Annual] Report of the Dean of the School of Law, 1954-1983

• In March, 1977, the School was subject to a reinspection by a team consisting of Dean Ray Patterson of Emory University School of Law, Assistant Dean Peter deL. Swords of Columbia University School of Law, Professor Cameron Allen, the Head Librarian of Rutgers University School of Law, and Byron Attridge, Esq., a practicing lawyer from Atlanta, Georgia. This team acted jointly for the American Bar Association and the Association of American Law Schools. The last reinspection of the School took place in 1968.
• Their report was highly complimentary to the School but called attention to three major areas of concern: …

Vicinage--Part Ii, Drew L. Kershen

Faculty Articles

No abstract provided.

Book Review. The Transformation Of American Law, 1780-1860 By Morton J. Horwitz, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Book Review. De Legibus Et Consuetudinibus Angliae, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Statutes As Judgments: The Natural Law Theory Of Parliamentary Activity In Medieval England, Morris S. Arnold

Articles by Maurer Faculty

The proposition that late medieval English lawgivers believed themselves to be exercising a declarative function has been so frequently put forward and so widely accepted that it is in danger of being canonized by sheer dint of repetition; and thus one who would deny the essential validity of that notion bears the virtually insuperable burden of proof commonly accorded an accused heretic. Nevertheless, it will be argued here that natural law notions are attributed to the medieval English legislator with only the slightest support from the sources, and after only the most rudimentary and uncritical analyses of the implications of …

Nicholas Bacon: The Making Of A Tudor Statesman, William Hamilton Bryson

Law Faculty Publications

A book review on Nicholas Bacon: The Making of a Tudor Statesman by Robert Tittler.

Book Review, Charles F. Wilkinson

Publications

No abstract provided.

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.

Calendar Of Legislative History Of The Copyright Act Of 1909, United States Congress

Legislative History – Copyright Act of 1909

No abstract provided.

Section-By-Section Cross Index, United States Congress

Legislative History – Copyright Act of 1909

No abstract provided.

Table Of Contents, E. Fulton Brylawski, Abe Goldman

Legislative History – Copyright Act of 1909

No abstract provided.

Oral History: John Floyd Sutton, Jr., American Bar Foundation

American Bar Foundation Oral Histories

No abstract provided.

The Opinion Volume 17 Number 6 – December 2, 1976, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 2, 1976

The Opinion Volume 17 Number 5 – November 4, 1976, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 4, 1976

Oral History: Edward L. Wright, American Bar Foundation

American Bar Foundation Oral Histories

No abstract provided.

The Opinion Volume 17 Number 4 – October 21, 1976, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 21, 1976

The Opinion Volume 17 Number 3 – October 7, 1976, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 7, 1976

240 Men: The Antebellum Lower Federal Judiciary, 1829-1861, Kermit L. Hall

Vanderbilt Law Review

Between 1829 and 1861 antebellum presidents nominated 200 judges to the federal lower courts. Earlier administrations had appointed another forty jurists who held their positions during part or all of the era. Of these judges, 108 served in the federal district courts, 126 in the territorial courts, five in the Court of Claims, and one in a special circuit court established in 1855 for the northern district of California. The number of appointments available to an administration involved fate and the pace of territorial expansion;thus, during the first eight years of the period, Jackson nominated thirty-two judges, while in the …

The Opinion Volume 17 Number 2 – September 23, 1976, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 23, 1976