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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1970, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Witnesses: A Canonist's View, William Hamilton Bryson

Law Faculty Publications

The purpose of this essay is to examine and compare with our present practices a medieval text or summary of canonical procedure, the Summa de Ordine Iudiciario by Ricardus Anglicus-more narrowly, chapter XXX, which is concerned with witnesses. There are several reasons for examining the work of Ricardus Anglicus. This Englishman was a brilliant canonist in an age when the most ingenious and aggressive intellectuals were gravitating to the field of canon and civil law. Also he gives us a rather full summary of the subject.

Exchequer Equity Bibliography, William Hamilton Bryson

Law Faculty Publications

This essay is concerned with the secondary bibliography of the equity jurisdiction of the Court of Exchequer. It forms the preliminary inquiry of a general study of the history of this jurisdiction. This bibliography is in essay form because a list would not adequately explain the comparative significance of the various works. Moreover, the titles of the works are frequently misleading; some of the earlier ones have been attributed to the wrong author, and the relationships among them have never before been sorted out. Finally, this is the only place where all of these related works have been brought together; …

The Opinion Volume X Number 3 – December 19, 1969, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 19, 1969

Walker Lewis's Speak For Yourself, Daniel (Book Review), Alfred S. Konefsky

Book Reviews

No abstract provided.

Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy

Michigan Law Review

A Review o The Road from Runnymede: Magna Carta and Constitutionalism in America by A.E. Dick Howard

The Sherwell Lecture: The Human Comedy In Legal History, Frederick Bernays Wiener

William & Mary Law Review

No abstract provided.

The Opinion Volume X Number 2 – November 25, 1969, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 25, 1969

The Opinion Volume X Number 1 – October 1, 1969, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 1, 1969

Jailing The Innocent: The Plight Of The Material Witness, Ronald L. Carlson

Scholarly Works

Unknown to many lawyers, American legal history is marred with numerous recorded episodes of extended imprisonment of innocent American citizens. Frequently guiltless of any offense, these citizens are held because they happen to be witnesses to a crime and are financially unable to post a bond to insure their appearance to testify at the trial of the person accused of committing it. Not simply a feature of law from a bygone era, these incidents of imprisonment continue to arise today. Occasionally, a situation occurs wherein the man accused of the crime is released on bail and spends his time before …

The Road From Runnymede, Magna Carta And Constitutionalism In America, A. E. Dick Howard, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

Conscription And The Constitution: The Original Understanding, Leon Friedman

Michigan Law Review

The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce," and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …

The Opinion Volume Ix Number 4 – May 1, 1969, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated May 1, 1969

The Opinion Volume Ix Number 3 – April 1, 1969, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 1, 1969

An Unprincipled Decision On A Will, Alan Watson

Scholarly Works

In this article Professor Alan Watson reviews the decision of Alfenus from Ancient Rome (D.28.5.45 Alfenus 5 dig).

Levy: Origins Of The Fifth Amendment, O. John Rogge

Michigan Law Review

A Review of Origins of the Fifth Amendment by Leonard W. Levy

The School Desegregation Cases In Retrospect—Some Reflections On Causes And Effects, Yale Kamisar

Book Chapters

Recently, when asked to give a lecture on appellate advocacy, Justice Thurgood Marshall reminded his audience what Judge Benjamin Cardozo had once said: "The great tides and currents which engulf the rest of men do not turn aside in their course and pass judges by." An outstanding example, he might have added, is Brown v. Board of Education.

In a sense, the significant changes which have occurred in the Black man's status in the last two decades had their beginnings in the rise of numerically, and hence politically, important Black communities in the North. For the importance of civil rights …

On Assessing The Court In History: Some Comments On The Roper And Burke Articles, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.

A Comparison Of The Roles Of American And Civil Law Judges In The Development Of The Law, James C. Hair

Vanderbilt Journal of Transnational Law

The traditional distinction between a judge in the Civil Law System and his counterpart in the United States is that the former only applies codified law, while the latter not only applies but also "makes" law through judicial decision. The theory underlying the Civil Law System holds that development of the law is the exclusive province of the legislature and that judges are not to engage in such activity unless the legislature permits it. In France, for example, to ensure that judges do not exceed their authority, the Civil Code prohibits a judge, under threat of criminal sanction, from basing …

"A Wanton Gospeller" Cries Out For Repeal Of The Sunday Closing Law, John William Bland Jr.

Kentucky Law Journal

No abstract provided.

The Opinion Volume Ix Number 2 – December 1, 1968, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 1, 1968

The Warren Court And The Political Process, William M. Beaney

Michigan Law Review

Our complex political system creates endless opportunity to debate the proper roles and powers of each of our principal political institutions. Students of the Supreme Court who quarrel over the proper role of the Court sometimes forget that the powers of the President and the proper place of Congress have also been subject to fierce controversy throughout our history, and that the political tension between the national government and the states has provided a persistent theme from the beginning of the Republic. It must never be forgotten that the system provided by the Framers was not designed to produce efficient …

Dietze: America's Political Dilemma, Paul G. Kauper

Michigan Law Review

A Review of America's Political Dilemma by Gottfried Dietze

The Opinion Volume Ix Number 1 – November 1, 1968, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 1, 1968

The Constitution, Congress, And Presidential Elections, Albert J. Rosenthal

Michigan Law Review

It has been recommended by a prestigious commission of the American Bar Association and endorsed by the ABA's House of Delegates. The Bar Association of the City of New York, which had previously recommended a different proposed amendment, has now shifted its support to direct popular vote, as has Senator Birch Bayh, Chairman of the Subcommittee on Constitutional Amendments of the Senate Committee on the Judiciary. A Gallup poll indicates that 66 per cent of the nation supports this amendment, with only 19 per cent opposed.

It must be remembered, however, that a decision to amend the Constitution is, as …

Cohen: The Criminal Process In The People's Republic Of China 1949-1963: An Introduction., And Bodde & Morris: Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases With Historical, Social, And Juridical Commentaries, Victor H. Li

Michigan Law Review

A Review of The Criminal Process in the People's Republic of China 1949-1963: An Introduction by Jerome A. Cohen, and Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases with Historical, Social, and Juridical Commentaries by Derke Bodde and Clarence Morris

The Opinion Volume Viii Number 2 – May 1, 1968, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated May 1, 1968

The Alternative Amendment Process: Some Observations, Paul G. Kauper

Michigan Law Review

The alternative method of formal amendment of the Constitution raises unresolved questions of interpretation. As a contribution to the formulation of procedures for the implementation of this method Senator Ervin has introduced a bill dealing with the matter in considerable detail. In dealing with the subject I propose to discuss not only the convention procedure provided in article V, and in this connection point up some considerations respecting Senator Ervin's bill, but also some basic questions relating to the formal amendment process and the role assumed by the Supreme Court in the process of constitutional change.

Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.

Michigan Law Review

Capacity for steady--even startling-development and relative incapacity for formal change, are twin features of American constitutionalism often noticed but seldom analyzed conjointly. Even the most stalwart supporters of the status quo do not want an unamendable Constitution, but disagreement as to how change should be effected, and the scope of it, runs deep. Indeed, this is the central problem of Marbury v. Madison. That case was the effective innovator of judicial review, our "real" system for developmental constitutionalism. Interestingly, it also was one of the quite rare instances when a seemingly simple constitutional text was at issue (scope of Supreme …

The Supreme Court And The People, Everett Mckinley Dirksen

Michigan Law Review

There is only one circumstance, as I read the Constitution, which authorizes the federal government to intrude or interfere with the governmental structure of a state. That would occur under the provisions of section 4 of article IV, which, in pertinent part, state: "The United States shall guarantee to every State in this Union a Republican form of Government .... " This was the question, if indeed there was a federal question, to be determined in the earlier Baker v. Carr and the reapportionment cases. To rely on the fourteenth amendment for authority to establish by judicial decree a new …