Legal History Commons^™

Morality, Slavery And The Jurists In The Later Roman Republic, Alan Watson

Scholarly Works

The problem I wish to discuss is the moral attitude of the later Republican jurists to slavery. The prominent jurists of the time belong to the upper classes and, although it would be wrong to generalize from the jurists to other members of the aristocracy, we shall have a certain glimpse into the social attitudes of the period if we can gain a reasonably clear picture from the jurists. I will deal only with juristic discussion, and not with the statutes and edicts which concern slavery. No doubt the jurists would play a part in shaping these, but public political …

The Second Justice Marshall, Ronald R. Davenport

Duquesne Law Review

From 1801 until 1835 the first Justice Marshall served a distinguished tenure as Chief Justice of the United States Supreme Court. Legal scholars, political scientists, historians and even high school civics teachers recognize his tremendous contribution to the development of American Government and to the definition of the relationship between the Court, the Executive, and the Legislative branches' of government. No one man has done more to establish the Court as an institution or to provide the foundation of American Constitutional law. Since the first Justice Marshall's tenure there have been great Justices: Black; Frankfurter; Brandeis; Hughes; Harlan; Holmes; Cardozo; …

Religious Freedom And The Church-State Relationship In Maryland, Kenneth Lasson

All Faculty Scholarship

Maryland holds the unique and admirable distinction of having been the State whose early history most directly ensured, and whose citizenry was most directly affected by, the first amendment's grant of religious liberty. The Supreme Court's docket is still liberally sprinkled with petitions calling for renewed interpretation of the establishment clause, and Marylanders will soon vote upon a proposed new state constitution with a similar provision - hence, the opportuneness for tracing Maryland's contribution to the cause of toleration and to the principle of church-state separation.

The scope of this article will not extend beyond a sketch of the important …

The Oracles Of The Law, John P. Dawson

Books

Based on the lectures delivered at The University of Michigan March 12, 13, 16, 17, and 18, 1959, on The Thomas M. Cooley Lectureship, under the title "Judges: Oracles of the Law."

This study will examine the nature and extent of the contribution that case law has made to the legal systems of England, Rome, France, and Germany. The emphasis will be historical, but the object will be to show the lasting effects of historical experience on modern usage and attitudes.

Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Interlocks In Corporate Management And The Antitrust Laws, Arthur H. Travers Jr.

Publications

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1968, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Weather Modification: Law And Administration, James N. Corbridge Jr., Raphael J. Moses

Publications

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1968, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Three Faces Of Meade, Wylie H. Davis

Georgia Law Review

Y OUTH and middle-ager, I have known David Meade Feild for nigh-on thirty years. But since my first encounter with him in 1939 at Mercer University-as one of his naive freshman law students -my aggregate daily association with him has been a mere three years. Even this all-too-short span has been fragmented by events into three very different time and experience phases. My impressions of Professor Feild and his impact on me bring to mind a fabled phenomenon of human observation and reporting aptly described by a former col- league: The process is remindful of [three] blind men feeling the …

Law Vs. Politics: The Self-Image Of The American Bar, Maxwell Bloomfield

Scholarly Articles

The advent of Jacksonian democracy in American politics coincided with a vigorous leveling movement in American law. In one sense the latter crusade was nothing new: hostility toward the elitism of the legal fraternity had been rife since the days of the Revolution. But whereas earlier critics had worked to simplify the content of the law, reformers in the 1830's and 1840's attacked the problem from a different angle. Eschewing substantive changes, they sought instead to bring the administrators of the law under more direct popular control. Their program embraced a wide range of legislative measures in which worried conservatives …

The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy

Law Faculty Publications

Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immunity, The Schooner Exchange v. M cFaddon, is still repeatedly referred to in judicial opinions. Significantly, it is cited not for purposes of distinction or historical perspective, but rather, is employed as a present underpinning for sovereign immunity, even though the political and social circumstances of today differ considerably from those existing in 1812.

Subsequent cases, however, while often justifying the conclusions reached by references to Marshall's discussion in The Schooner Exchange, have intertwined into the concept of sovereign immunity notions distinct from Chief …

John Marshall's Contributions To American Neutrality Doctrines, Eric A. Belgrad

William & Mary Law Review

No abstract provided.

The Opinion Volume Viii Number 1 – November 1, 1967, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 1, 1967

Emerson: Political And Civil Rights In The United States, T. A. Smedley

Michigan Law Review

A Review of Political and Civil Rights in the United States. 3d ed. 2 vols. by Thomas I. Emerson, David Haber, and Norman Dorsen

Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer

Michigan Law Review

A Review of International Peace Observation-a History and Forecast By David W. Wainhouse in association with Bernhard G. Bechhoefer, John C. Dreier, Benjamin Gerig and Harry R. Turkel.

John Marshall's Preparation For The Bar -- Some Observations On His Law Notes, William F. Swindler

Faculty Publications

No abstract provided.

1787: The Grand Convention, By Clinton Rossiter

Washington and Lee Law Review

No abstract provided.

A Social History Of English Law, By Alan Harding

Washington and Lee Law Review

No abstract provided.

Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller

Michigan Law Review

The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …

Present Frontiers In Constitutional Law, William T. Coleman Jr.

Villanova Law Review (1956 - )

No abstract provided.

The Development Of The Right Of Assembly: A Current Socio-Legal Investigation, George P. Smith Ii

Scholarly Articles

It will be the purpose of this article to assay the historical evolution of the freedom of assembly, noting first its development in England and later in America and finally its current position in the twentieth century. Even though the rights of free speech, association, and religion are inescapably drawn into case discussions of freedom of assembly, effort will be made to confine the consideration to the pertinent assembly problems. In addition to considering the fundamental legal propositions embodied in this right, as well as its raison d'etre, thought and discussion will be given to the sociological interpretations of the …

Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler

Villanova Law Review (1956 - )

No abstract provided.

In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.

Law Enforcement States Its Views, John Edgar Hoover

Villanova Law Review (1956 - )

No abstract provided.

Product Identity And Branding Under The Robinson-Patman Act: Is The Ftcs Approach Consistent With Realities Of The Marketplace, Arthur D. Austin

Villanova Law Review (1956 - )

No abstract provided.

Judicial Decision Making And Computers, Allen Harris

Villanova Law Review (1956 - )

No abstract provided.

Film Censorship: The American And British Experience, Robert J. Klein

Villanova Law Review (1956 - )

No abstract provided.

The Anomalous Position Of The Insurance Agent - An Invitation To Schizophrenia, Robert M. Morrison

Villanova Law Review (1956 - )

No abstract provided.

A Review Of Hohfeld's Fundamental Legal Concepts, Alan D. Cullison

Cleveland State Law Review

Wesley N. Hohfeld tried to split the atom of legal discourse and to identify its elementary particles. He identified eight atomic particles which he called "the lowest common denominators of the law." All legal concepts, he thought, can be completely analyzed, even defined, in terms of these eight fundamental legal conceptions: Right, No-Right, Power, Disability, Duty, Privilege, Liability, Immunity. Of course, Hohfeld had in mind very specific meanings for these eight terms; so it is not the words themselves, but rather the meanings he had in mind, that tell Hohfeld's story. The first thing that needs clarifying is what kind …