61. Frontline: The Plea: On The Myth Of Written Constitutions | PBS Langbein is the Chancellor Kent Professor of Law and legal history, Yale Law School. Although the texts mandate jury trial for all criminal cases, http://www.pbs.org/wgbh/pages/frontline/shows/plea/etc/harvard.html

var loc = "../../../"; [From Harvard Journal of Law and Public Policy , Volume 15, Number 1, Winter 1992, pages 119-127; Republished with author's permission.] We are accustomed to viewing the Bill of Rights as a success story. With it, the American constitution-makers opened a new epoch in the centuries-old struggle to place effective limits on the abuse of state power. Not all of the Bill of Rights is a success story, however. While we are celebrating the Bill of Rights, we would do well to take note of that chapter of the Bill of Rights that has been a spectacular failure: the Framers' effort to embed jury trial as the exclusive mode of proceeding in cases of serious crime. Langbein is the Chancellor Kent Professor of Law and Legal History, Yale Law School. I. THE CONSTITUTIONALIZATION OF JURY TRIAL The Sixth Amendment says: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed. . . ." "All" is not a word that constitution-makers use lightly. The drafters of the Sixth Amendment used it and meant it. Indeed, the Framers of the Constitution had already used the same word for the same end when speaking to the same subject two years earlier. Article III of the Constitution insists: "The Trial of all Crimes, except in Cases of Impeachment, shall be by jury. . . ."

62. HistoryLink Essay King County Historical Bibliography, Part 04 Murphy, Walter E., Wiretapping on Trial A Case Study in the Judicial Process, Court historical Society publications/ Western legal history Magazine http://www.historylink.org/essays/output.cfm?file_id=7145

63. Virginia Legal Research Researching the legislative history of Virginia statutes is a far more difficult task summaries of recent important cases, reports of trial counsel, http://www.law.virginia.edu/lawweb/lawweb2.nsf/0/739601e6e75c2a1a852566d0004e812

64. Judith Kelleher Schafer, Becoming Free, Remaining Free on a comprehensive and exhaustive examination of hundreds of court cases and related legal documents. It is, simply put, legal history at its best. http://www.lsu.edu/lsupress/Books/Spring2003/books/Schafer_Becoming_Free.html

Advanced Search Published 2003. 204 pages. 6 x 9. 12 halftones. ISBN 0-8071-2862-7 cloth $49.95s ISBN 0-8071-2880-5 paper $19.95s Becoming Free, Remaining Free Judith Kelleher Schafer Becoming Free, Remaining Free, Schafer presents her findings and offers a profound analysis of slavery and manumission in the Crescent City. Louisiana state law was unique in allowing slaves to contract for their freedom and to initiate a lawsuit for liberty. Schafer describes the ingenious and remarkably sophisticated ways slaves used the legal system to gain their independence and find a voice in a society that ordinarily gave them none. Some sued on the basis that they had gained freedom by traveling to countries that outlawed slavery. Others contended that their owners had manumitted them in wills or that they had purchased themselves in deals on which their owners reneged. Their success rate was so great that in 1857, facing pressure arising from the increase in the number of free people of color, the state legislature prohibited manumission. Schafer also recounts numerous cases in which free people of color were forced to use the courts to prove their status, showing that remaining free was often as challenging as becoming free. She further documents seventeen free blacks who, when faced with deportation, amazingly sued to enslave themselves rather than leave family, friends, property, and home. Throughout the book, her trial descriptions and personal profiles offer a vivid portrait of the gritty, everyday workings of the New Orleans legal scene and the underside of antebellum lawyering.

65. Jeffersonian Politics: Legal Vs. Historical Evidence In this case, where legal rights are to be decided, that should be a This is not to say that all history should be viewed according to legal principles. http://www.geocities.com/Athens/7842/jeffersonians/jpfor017.htm

CONVERSATIONS ON JEFFERSON AND JEFFERSONIAN POLITICS Legal vs. Historical Evidence From the H-SHEAR, subject: "Hemings-Jefferson: legal vs. historical evidence": Richard B. Bernstein: Richard E. Dixon's posting to H-SHEAR illustrates the yawning gulf between those who would "defend" Thomas Jefferson from the "accusation" that he had any kind of sexual relationship with Sally Hemings and those who either are agnostic on the subject or give the relationship credence. The terminology Mr. Dixon uses is revealing. He says that those who give the relationship between Jefferson and Hemings credence are maintaining a "Jefferson paternity claim" the language of litigation, specifically paternity suits. He rejects any characterization of the 1873 newspaper interview with Madison Hemings as "memoirs" or "reminiscences" for he views that interview as testimony by the plaintiff in a paternity suit, in other words, biased testimony, not neutral recollection. Further, he applies the lawyer's standard of "hearsay evidence" (for those who were fortunate enough not to have to endure bar-review courses, "an out-of-court statement offered to prove the truth of what it asserts") in the arena of historical investigation. It is notable that those who have taken on the task of "defending" Jefferson repeatedly use the similes, metaphors, and tropes of the courtroom litigator and the defense counsel. As a historian with legal training and experience, however, I am painfully aware of the differences between the historian's enterprise and the lawyer's enterprise.

66. U.S. Senate: Art & History Home > Origins & Development > Powers & Procedures > and legal scholars from the first impeachment trial to the most recent trial Over the course of the nation s history, several impeachment cases have http://www.senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_R

Home Impeachment Johnson Impeachment Trial Chapter 1: The Senate's Impeachment Role Chapter 2: Historical Development Chapter 3: Influential Impeachment Cases Chapter 4: Complete List of Senate Impeachment Trials The Senate's Impeachment Role Under the Constitution, the House of Representatives has the power to impeach a government official, in effect serving as prosecutor. The Senate then holds the impeachment trial, essentially serving as jury and judge, except in the impeachment of a president when the chief justice presides. The president, vice president, and all civil officers of the United States are subject to impeachment; conviction means automatic removal from office. The concept of impeachment originated in England and was adopted by many of the American colonial governments and state constitutions. At the Constitutional Convention, the framers considered several possible models before deciding that the Senate should try impeachments. Since 1789 only 17 federal officers have been impeached by the House, 14 of which were tried by the Senate. Three were dismissed before trial because the individual had left office, 7 ended in acquittal and 7 in conviction. All of those convicted were federal judges.

67. Oxford University Press: The Origins Of Adversary Criminal Trial: John H. Langbe Langbein has done hard historical spade work, going through scores of John Langbein is Sterling Professor of Law and legal history at Yale Law School. http://www.oup.com/us/catalog/general/subject/Law/LegalHistory/?ci=0199258880&vi

68. Oxford University Press: American Legal History: James W. Ely American legal history. cases and Materials. Third Edition. Kermit L. Hall, Paul Finkelman and James W. Ely The Origins of Adversary Criminal Trial http://www.oup.com/us/catalog/general/subject/Law/LegalHistory/?view=usa&ci=0195

69. Viewpoints: Reflections On Plagiarism ~ Part 2: "The Object Of Trials" In a number of cases, plagiarists have been fired or forced to resign after a single documented Although an act of plagiarism may be a historical datum, http://www.historians.org/Perspectives/issues/2004/0403/0403vie1.cfm

Print View l From the Viewpoints column of the March 2004 Perspectives "The Object of Trials" by Peter Charles Hoffer Editor’s Note: In this second installment of a two-part essay, the author considers the various possible responses to plagiarism. The first part, "A Guide for the Perplexed," appeared in the February 2004 issue of Perspectives. The sole object of all the trials mentioned in Scripture is to teach man what he ought to do or believe; so that the event which forms the actual trial is not the end desired; it is but an example for our instruction and guidance. The first installment of this essay on plagiarism explored definitions of plagiarism and methods to avoid it. This second installment addresses itself to remedies for those individuals and institutions who believe that they have encountered an instance of plagiarism. As I have suggested, plagiarism is always a moral and professional offense and only rarely a legal one. Nevertheless, in reality, accusations and responses are often carried on in the shadow of the courthouse. The potential loss of reputation, income, and employment for the accused and the counterbalancing threat of suit for defamation or interference with contractual relations by the accused against the accuser is never far from everyone’s mind. Thus, although the following advice is not and should not be taken as legal counsel, questions of law run through it. Responsible Parties and Their Duties Statement on Standards urges scholars to be aware of the dangers of plagiarism and to act responsibly when it is uncovered.

70. Historical Text Archive E-Books Lectures In Medieval History The historical Text Archive Electronic history Resources, online since 1990 Bologna became an important center of legal studies, and roman law spread http://historicaltextarchive.com/books.php?op=viewbook&bookid=64&cid=10

71. The Case Of Leonard Peltier | Reading Room Blood of the Land The Trial of Leonard Peltier In the Spirit of Crazy Horse most protracted and bitterly fought legal cases in publishing history, http://www.freepeltier.org/reading_room.htm

Main Page Peltier FACTS Legal Update Quick FAQ ... Send This Site! Historical Time Line : Online Reading Case Reference Materials FOIA Documents Recent FOIA ... Ethics Complaint : FBI Misconduct and Disinformation Testimony Transcripts : Congressional Briefing on Leonard Peltier, May 17, 2000 Extradition References Evidentiary Hearing Transcript from the Hearing: Pages 1 through Trial Transcript Statements of Support Recommended Books SOCH Newspaper : Back Issues Online Links to Other Articles Online Videos : Recommended Conventional Viewing Multimedia Room : Recommended Listening/Viewing Reading Room 1 Reading Room 2 Reading Room 3 Supporters of Leonard Peltier continue to express grave concerns with regard to the denial of justice and due process to Mr. Leonard Peltier, and his ongoing detention at Leavenworth Penitentiary. Mr. Peltier has been incarcerated for twenty-seven years, despite the clear indications of misconduct, including the falsification of evidence, by various U.S. officials which lead to his conviction, as set forth in Attorney Jennifer Harbury's

72. Howard University School Of Law These same cases are used to discuss the Court s use of, among other things, history Special attention is paid to the role of history in legal analysis, http://www.law.howard.edu/info/academicprograms/jdcurriculum.htm

Back to Academic Programs Law School Home J.D. D EGREE C URRICULUM First Year Required Courses Second-Year Required Courses Other Required Courses Other Academic Requirements FIRST-YEAR REQUIRED COURSES Civil Procedure I (4 credits) The course introduces the first-year law student to the modern system of civil litigation, with particular emphasis on the Federal Rules of Civil Procedure. Particular topics may vary, but generally include the basic features of an adversarial system for dispute resolution and its alternatives, pleading, joinder of claims and parties, discovery, pre-trial and post-trial motion practice, and concepts of personal and subject matter jurisdiction. Constitutional Law I (3 credits) The course examines the basic structures of the American constitutional system, the historical development of the U.S. Supreme Court as an institution, the philosophical justifications for the exercise of judicial review and judicial authority by judges in a democratic society, and the various methods of legal reasoning that are used to interpret the Constitution. Among the topics to be examined are judicial review, the commerce clause, separation of powers, and other legislative powers. Contracts (5 credits) The course, taught over two semesters, covers the law of contracts, including offer and acceptance, the rules of bargaining, performance and breach, third- party beneficiaries, and assignments. As the first commercial law course, the course also introduces sections of the Uniform Commercial Code, particularly sales under Article II.

73. Legal History Guide The following is a selective guide to legal history resources on the World on the Rosenberg spy case, the SaccoVanzetti trial, the Scottsboro Boys, http://tarlton.law.utexas.edu/rare/legalhis.html

UT Law UT UT Libraries Home ... Our Publications Guide to legal history resources on the web The following is a selective guide to legal history resources on the World Wide Web, with special emphasis on archives and rare book collections that are relevant to legal history. Please send any corrections and additions to Mike Widener (Archivist/Rare Books Librarian, Tarlton Law Library). General sources Court records Academic libraries Research libraries ... Full text sources General sources The Ames Foundation , based at Harvard Law School, supports research into English legal history through publications (notably the Year Books of Richard II) and grants. The site includes a catalogue of their publications. The Bentham Project is editing and publishing the complete works of the great English legal reformer Jeremy Bentham. The site includes bibliographies of Bentham's works and a brief biography. The Federal Judicial Center makes several publications of the Federal Judicial History Office available via its web site (in Adobe PDF format), including Creating the Federal Judicial System A Directory of Oral History Interviews Related to the Federal Courts A Guide to the Preservation of Federal Judges' Papers , and its newsletter The Court Historian H-LAW is the H-NET (Humanities Online) discussion list devoted to legal and constitutional history. Its web site includes logs of H-LAW discussions, book reviews, a directory of legal historians, and links to the American Society for Legal History, the index to

74. Law-Related Resources At The Harry Ransom Center The collection contains legal briefs, memoranda, and correspondence with John Dos The Hyde Collection contains research for his book, A history of http://tarlton.law.utexas.edu/rare/hrc.html

UT Law UT UT Libraries Home ... Our Publications Guide to Law-related Resources at the Harry Ransom Humanities Research Center (HRC) Contents: Introduction "Crime" Collection First Amendment Law and Politics ... Using the HRC INTRODUCTION The Harry Ransom Humanities Research Center (HRC) is geared toward historical research. The HRC contains both published (e.g., books, sound recordings, music) and unpublished (e.g., manuscripts and archival) collections, as well as photographic and iconographic collections. Each collection may contain a variety of subjects. Librarians from the HRC and the Tarlton Law Library have identified the following collections as being of particular interest to law-related research. Additional information can be found in A Guide to the Collections: Harry Ransom Humanities Research Center (Austin, Tex.: The Center, University of Texas at Austin, 2003). "CRIME" COLLECTION Dorothy L. Sayers (1893-1957) Collection of Wilkie Collins (1824-1889): The collection includes a first edition of Collins's Moonstone , the first detective novel published in English, as well as manuscripts and correspondence relating to Sayers' biography of Collins.

75. FindLaw's Writ - Lazarus: The History And Precedential Value Of The Supreme Cour THE history AND PRECEDENTIAL VALUE OF THE SUPREME COURT CASE CITED IN An historical perspective on Quirin reinforces its limits as a precedent to be http://writ.news.findlaw.com/lazarus/20011211.html

FindLaw Legal Professionals Students Business ... MY FindLaw top(document.URL); Legal News Entertainment Sports Newsletters ... Lawyer Search State AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY AS GU MP PR VI Select a Practice Area Administrative Law Adoption Agriculture Law Alternative Dispute Resolution Aviation Bankruptcy Law Business Organizations Child Support Civil Rights Constitutional Law Construction Law Consumer Protection Contracts Criminal Law Criminal Law Federal Debtor/Creditor Discrimination Divorce DUI/DWI Education Law Elder Law Eminent Domain Employment Law Employee Employment Law Employer Energy Law Environmental Law Estate Planning Family Law Franchising Gaming Law Government Contracts Insurance Law Intellectual Property Law International Law Internet Cyberspace Labor Law Landlord/Tenant Legal Malpractice Lemon Law Medical Malpractice Law Military Law Motor Vehicle Accidents Plaintiff Native Peoples Law Natural Resources Law Nursing Home Patents Personal Injury Defense Personal Injury Plaintiff Products Liability Law Professional Malpractice Law Real Estate Law Securities Law Sexual Harassment Social Security Disability Taxation Law Toxic Torts Trademarks Traffic Violations Transportation Law Trusts Wills Workers' Compensation Law Writ: Commentary Search Writ Front Page Special Coverage Hurricane Katrina Enron Tribunals Terrorism Archives Columnists Guest Columnists Law Students Book Reviews ... Email This THE HISTORY AND PRECEDENTIAL VALUE OF THE SUPREME COURT CASE CITED IN SUPPORT OF THE BUSH ADMINISTRATION'S MILITARY TRIBUNALS

76. THE MILITARY IN AMERICAN LEGAL HISTORY Rutgers University Libraries The Military in American legal history Includes an overview of each case, a timeline, trial transcripts, http://newark.rutgers.edu/~natalieb/amlegalmil.htm

The Military in American Legal History Basic Resources Finding Books: Library Catalogs Finding Scholarly Articles: ... Ask a Librarian Basic Resources Core Documents Core Documents of U.S. Democracy Links to cornerstone (eg., The Constitution, the Federalist Papers) documents as well as to key congressional, presidential, judicial, and regulatory documents. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1873 Search or browse a linked set of published congressional records of the United States from the Continental Congress through the 43rd Congress, 1774-1875 including the Journals of the Continental Congress (1774-89); the Records of the Federal Convention of 1787 , or Farrand's Records , and the Debates in the Several State Conventions on the Adoption of the Federal Constitution (1787-88), or Elliot's Debates ; the Journals of the House of Representatives (1789-1875) and the Senate (1789-1875), the debates of Congress as published in the Annals of Congress (1789-1824), the Congressional Globe (1833-73), and

77. A Great Moment In Legal History - May 26, 2005 - The New York Sun - NY Newspaper A Great Moment in legal history May 26, 2005 - The New York Sun - NY Newspaper. The book describes the momentous 10-week trial in 2000 under British http://www.nysun.com/article/14452

Sign In Subscribe Now May 26, 2005 edition of The New York Sun Search our Archives Advanced Search NEWS Home National Foreign New York ... It Shines For All FEATURES Fall Guide Entertainment On The Town Photo Gallery ... Travel CLASSIFIEDS Careers Real Estate Automotive Notices ... Email this article A Great Moment in Legal History Knickerbocker By GARY SHAPIRO May 26, 2005 A D V E R T I S E M E N T AFC East Contenders Take the Spotlight Simply Smashing Bush, God, and the Hurricanes Constance Moore, 84, Versatile Actress ... Giambi's Talent Shines Through Emory University Jewish Studies professor Deborah Lipstadt's triumph over Holocaust denier David Irving, who sued her and her publisher for libel in London, is "one of those great moments in legal history when truth, justice, and freedom of speech are all simultaneously served," writes lawyer Alan Dershowitz in the afterward to Ms. Lipstadt's new book, "My Day in Court With David Irving: History on Trial" (Ecco).The book describes the momentous 10-week trial in 2000 under British libel law, which (unlike its American counterpart) places the burden of proof on the defendant. At a celebration held in her honor at the American Jewish Committee this Tuesday, Ms. Lipstadt discussed the case, which stemmed from assertions made in her book "Denying the Holocaust: The Growing Assault on Truth and Memory" (Free Press). The event marked a return to New York for Ms. Lipstadt, who grew up on the Upper West Side and Far Rockaway, where her rabbis included Norman Lamm and Emanuel Rackman. AJC Executive Director David Harris, introducing the evening's program, spoke of the effort to raise money for her legal costs: "Good lawyers do not come cheap - in London or in New York." He said: "what was going to be on trial was not Deborah Lipstadt per se but the Holocaust. For generations it would shape the way people view the Holocaust. This was not her battle alone." They asked themselves "what we could do, not only as friends of Deborah but as friends of the truth."

78. Supreme Court Queensland - Supreme Court History Program Court history Program’s efforts to preserve legal history is through the The collection includes over 50000 pages of transcript from the trial, http://www.courts.qld.gov.au/schp/collections/

Historical Collections A significant component of the Supreme Court History Program’s efforts to preserve legal history is through the collection and preservation of significant documents and items of legal memorabilia. The Supreme Court Library currently holds a number of special collections, which have been built up from donations and consist of a wide array of items ranging from manuscripts and diaries to photographs and legal dress. These items are used for displays and are also an important resource available to researchers of legal history. Details of each collection are listed below. Large Collections The Woolcock collection The Douglas Diaries The Lilley family collection The McPherson collection ... The Sir John Latham Papers and Sir John Barry Papers Smaller Collections Tokyo War Crimes Trials Sir Roslyn Philp's Judgements MacDonnells collection Joan Priest collection of documentation used in writing a biography of Sir Harry Gibbs ... Queensland Parliament donation of documentation relating to disagreements between Lutwyche J and the Queensland Legislative Council Large collections The Woolcock collection Donated by Mrs Dorothy Woolcock, these are items relating to the life of the Honourable John Laskey Woolcock. Woolcock went to Sydney University, where he completed an Arts degree. This was the start of a long and productive career, which included a stint as Griffith’s private secretary. In this role, he accompanied Griffith overseas and to several

79. Historic Treasure Article City’s first legal hanging had high drama in case Later, knowing of his interest in county and legal history, he gave the papers to attorney John Biel. http://web.indstate.edu/community/vchs/ht/ht011589.htm

Vigo County Historical Society Historical Treasure Article Historic Treasure of the Week - January 15, 1989 By David M. Buchanan Vigo County Historical Society City’s first legal hanging had high drama in case "We the jury find the defendant, Oliver Morgan, guilty of murder in the first degree and that he suffer death," stated Ralph Wilson, the foreman of the jury for the murder trial of John Petri. These 20 words propelled the case to the Indiana Supreme Court. This was the first murder case in Vigo County to go to the Indiana Supreme Court and the case that ended in the county’s first and only legal hanging. On July 11, 1869, John Petri locked his home and store on Lafayette Avenue and started for downtown Terre Haute. His wife and family were accompanying for the afternoon. His wife glanced back and saw someone climbing over their fence and going toward the read of the house. Petri rushed back. Petri entered, searched his home and found a man on the second floor. He told the intruder to stand and wait for the police. The intruder, later identified as Oliver Morgan, pulled a piston, shot Petri in the abdomen and in the head, and then fled. In the 1860s, that area of town towards the Wabash River was not very developed. Large stagnant ponds, small streams, and thick underbrush were common. Morgan, hoping to escape, ran towards the river. Neighbors who had been attracted by the commotion pursued him. Morgan jumped into a pond, swam across and disappeared into the surrounding woods, even though a large group of men had the area surrounded.

80. | In This Issue | Law And History Review, 19.1 | The History Cooperative This issue of the Law and history Review delves into the historical analysis to trial even though the prosecutor was no longer interested in the case. http://www.historycooperative.org/journals/lhr/19.1/iti.html

In This Issue This issue of the Law and History Review delves into the historical analysis of legal processes and outcomes. The three articles that comprise the bulk of the issue not only provide fine examples of the originality that legal historians are bringing to the conceptualization of their research, but also demonstrate the breadth of method and analytic technique available to scholars in the field, whatever their period (here ranging from the thirteenth to the twentieth century). As such, this issue helps us continue and broaden the discussion of substantive research and methodological possibilities in legal history (also a feature of our last issue) by offering three extended examples of the practice of exposition in our tradeone quantitative, one more traditionally narrative, and one explicitly interpretive. In our first article, Daniel Klerman investigates in considerable detail the prosecution of crime in premodern societies. Modern societies generally entrust enforcement of the criminal law to public prosecutors, but most crimes in premodern societies were prosecuted privately by the victim or a relative. Focusing on thirteenth-century England, Klerman offers us a rigorously quantitative analysis of private prosecution, employing statistical techniques such as regression analysis to chart and explain prosecution rates. He finds that the rate of private prosecution fell by fifty percent between 1200 and the 1220s, returned to turn-of-the-century levels by the 1240s, then swiftly dropped by two-thirds and remained at a low level through the end of the century. The most plausible explanation for such wide

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