Legal History Commons^™

The Taney Period, 1836-64, David S. Bogen

Faculty Scholarship

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Thornton, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Railsback, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Flowers, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

An Introduction The Legal System In East Africa (Advertisement)

William Harvey (1966-1971)

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Cohen, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

The Legal Imagination And Language: A Philosophical Criticism, Thomas D. Eisele

Faculty Articles and Other Publications

James B. White's The Lega/lmagination: Studies in the Nature of Legal Thought and Expression takes upon itself an immense task, namely, investigating and characterizing the position of lawyers and the legal mind in today's world. Not surprisingly, the characterization and criticism of such a book is no less difficult a task or responsibility than that undertaken by the book. In fact, the characterization and criticism of the book and the characterization and criticism in the book-both being acts of criticism-require the same attitude: constant fidelity to the data with which one has to work. In
describing and assessing the book, …

The New York Experience, 9 J. Marshall J. Prac. & Proc. 134 (1975), H. H. A. Cooper

UIC Law Review

No abstract provided.

A History Of Illinois Drug Control Laws From 1818 To 1975, 9 J. Marshall J. Prac. & Proc. 148 (1975), George N. Leighton, Charles S. Bargiel

UIC Law Review

No abstract provided.

The History Of Drug Control Laws: American Aspects, 9 J. Marshall J. Prac. & Proc. 46 (1975), Nicholas N. Kittrie

UIC Law Review

No abstract provided.

The Law In America: A History, Samuel Sonenfield

Cleveland State Law Review

Review of "The Law in America: A History," by Bernard Schwartz, McGraw-Hill, 1974

The Equity Side Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The purpose of this book is to place the equity side of the exchequer into its historical, institutional, and legal perspective. It is to discover its administrative procedures arid to determine how far its judicial procedures in the sixteenth and seventeenth centuries were the same as those of the other courts of equity. It is to produce an outline of the procedures and an introduction to the records of the jurisdiction for those who may wish to work in the same field but to dig deeper.

Book Review Of Karl Llewellyn And The Realist Movement, By William Twining, Edward A. Purcell Jr.

Other Publications

No abstract provided.

Emptio, "Taking", Alan Watson

Scholarly Works

According to Festus, "Emere, quod nunc est mer cari, antiqui acdpiebant pro sumere" and modern philologists do accept some such meaning as the original in Latin.)

The Thesaurus Linguae Latinae) however, thinks there is no certain example of this sense of emere and considers the instances adduced by Skutsch) to be scarcely convincing. I should like to produce for consideration a different instance drawn from the derivative emptio or emptor. The instance in question may not take us as far back as emere = sumere but will at least to emere = accipere.

Emptio, "Taking", Alan Watson

Scholarly Works

According to Festus, "Emere, quod nunc est mer cari, antiqui acdpiebant pro sumere" and modern philologists do accept some such meaning as the original in Latin. The Thesaurus Linguae Latinae however, thinks there is no certain example of this sense of emere and considers the instances adduced by Skutsch to be scarcely convincing. I should like to produce for consideration a different instance drawn from the derivative emptio or emptor. The instance in question may not take us as far back as emere = sumere but will at least to emere = accipere. Roman legal tradition tells us that the …

The Opinion Volume 15 Number 6 – December 19, 1974, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 19, 1974

The Opinion Volume 15 Number 5 – December 5, 1974, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 5, 1974

The Opinion Volume 15 Number 4 – November 14, 1974, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 14, 1974

Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

Articles

For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2

The Compulsory Process Clause, Peter Westen

Michigan Law Review

Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …

Evaluating And Improving Legal Processes – A Plea For “Process Values”, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Opinion Volume 15 Number 3 – October 31, 1974, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 31, 1974

The Opinion Volume 15 Number 2 – October 17, 1974, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 17, 1974

Obscenity, The Law And Religion, Thomas A. Long

IUSTITIA

The long history of the relation between Western religion and secular law is both interesting and complex.' In what follows I shall discuss one current social issue which is illustrative of this relation,namely, the relatively recent legal-moral controversy over obscenity.

The Opinion Volume 15 Number 1 – October 2, 1974, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 2, 1974

Notes Toward A History Of American Justice, Lawrence M. Friedman

Buffalo Law Review

Adapted from the Mitchell lecture delivered by the author at the State University of New York at Buffalo School of Law on October 17, 1973

From Comstockery Through Population Control: The Inevitability Of Balancing, Elliot Silverstein

North Carolina Central Law Review

No abstract provided.

Bail In Missouri Revisited, Mark Berger

Faculty Works

During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …

Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii

Faculty Publications

For some time the international community has been keenly interested in the foreign uses to which America puts its military. The nature of these uses has traditionally been affected by the manner in which the Constitution divides the war powers between the President and Congress. This allocation of war-peace authority, in tum, is the product of a number of influences, among them the intentions of the Framers and Ratifiers for the text which they drafted and approved. Their war-power debates, as we shall see, have heavy international overtones.These debates have not been neglected, especially during America's recent involvement in Indochina. …

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.

Scholarly Works

In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.