Viewing Theory Category (21) found:Oliver Wendell Holmes, Jr.: "The Profession of the Law" (1886).In a lecture to Harvard University undergraduates on February 17, 1886, Associate Justice Oliver Wendell Holmes, Jr., of the Massachusetts Supreme Judicial Court, uttered one of his most famous epigrams about the law:
William Howard Taft: "The Right of Private Property" (1894).On June 27, 1894, William Howard Taft, a Judge on the Sixth Circuit Court of Appeals, delivered the commencement address to the University of Michigan Law Department. His subject was "The Right of Private Property," which he argued was under siege by populists, certain labor leaders and, especiall... "The history of law is the history of ideas" --- A preface to articles on intellectual legal history and theory posted on the MLHP.A category in the archives of the Minnesota Legal History Project ("Theory") is devoted to intellectual legal history. Here will appear articles, speeches and book chapters on a wide range of subjects written by lawyers, judges and other individuals about the law, the legal profession, the judiciar... Seneca Falls Declaration of Sentiments (1848).Posted here are the "Declaration of Sentiments" and eleven "Resolutions" adopted by the Women's Rights Convention at Seneca Falls, New York, on July 19-20, 1848. An excerpt from the memoirs of Elizabeth Cady Stanton, published in 1898, about the convention and its aftermath concludes this article. ... Declaration and Protest of the Women of the United States (July 4, 1876).The "Declaration and Protest of the Women of the United States" adopted July 4, 1876, by the National Woman Suffrage Association is posted here. Patterned after the Declaration of Independence, it frequently is called the "Declaration of Rights of the Women of the United States." ... Justice Calvin L. Brown: "State and Federal Police Power." (1908).On the evening of December 3, 1908, Calvin L. Brown, Associate Justice of the Minnesota Supreme Court, delivered a paper on governmental "police powers"---- what is called regulation today ---- to the Minnesota Academy of Social Sciences. A constitutional conservative, he did not believe that this p... James J. Hill: "The Railroad: Legislative Regulation and Its Limits." (1910).In 1910, James J. Hill, the builder of a transcontinental railroad, published a collection of articles on aspects of American life titled "Highways of Progress." In one chapter, he expressed strong views on state and federal regulation of the nation's railways----he despised state regulators, prefe... Louis D. Brandeis: "The Opportunity in the Law." (1905).On May 4, 1905, Louis D. Brandeis, then a prominent Boston attorney, gave a famous talk to the Harvard Ethical Society on "the unusual opportunities for usefulness" offered the legal profession in America. He saw that the reputation of the bar had fallen in part because influential corporate lawye... Louis D. Brandeis: "The Living Law." (1916)."The Living Law" is the title of an address Louis D. Brandeis gave to the Chicago Bar Association on January 3, 1916, three weeks before he was nominated to serve on the United States Supreme Court by President Woodrow Wilson. The "living law" reflects and arises out of contemporary social, economi... Justice David J. Brewer: "Protection to Private Property from Public Attack." (1891).On June 23, 1891, U. S. Supreme Court Justice David J. Brewer delivered the commencement address to the Yale Law School. He urged the "young gentlemen" seated before him to defend private property from attack by government. Those attacks came in three guises: taxation, eminent domain and the exerci... Justice David J. Brewer: "The Movement of Coercion." (1893).On January 17, 1893, David J. Brewer, Associate Justice of the United States Supreme Court, addressed the New York Bar Association. He called upon the bar and the bench to resist the demands by the "multitudes" to diminish protection of private property, a coercive movement to share the wealth and ... Henry George: "Progress and Poverty: An Inquiry into the Cause of Industrial Depressions and of Increase of Want with Increase of Wealth. . .The Remedy." (1879)."Progress and Poverty," self-published by Henry George in 1879, was both enormously popular and influential in the late nineteenth and early twentieth centuries. He proposed a single tax---on the value of land---to solve the problems of modern society:
Oliver Wendell Holmes, Jr.: "The Path of the Law." (1897).On January 8, 1897, Oliver Wendell Holmes, Jr., then a Justice on the Massachusetts Supreme Judicial Court, delivered an address dedicating a hall at Boston University Law School. "The Path of the Law" is famous, provocative, influential and, in the words of Harvard Law Professor David Rosenberg, "... Oliver Wendell Holmes, Jr.: "The Theory of Legal Interpretation" (1899).In January 1899, the Harvard Law Review published a short article titled "The Theory of Legal Interpretation" by Oliver Wendell Holmes, Associate Justice of the Supreme Judicial Court of Massachusetts. It is posted here. ... Oliver Wendell Holmes, Jr.: "Law in Science and Science in Law." (1899).In January 1899, Oliver Wendell Holmes Jr., an Associate Justice of the Massachusetts Supreme Judicial Court, addressed the New York State Bar Association. It was his last major extra-judicial address.
Roscoe Pound: "The Need of a Sociological Jurisprudence" (1907).In 1907, Roscoe Pound's "The Need of a Sociological Jurisprudence" appeared in The Green Bag, a popular journal for the legal profession. Here Pound repeated and expanded upon his criticisms of how law was taught, interpreted and implemented. He saw that lawyers and courts routinely applied and e... Roscoe Pound: "Mechanical Jurisprudence." (1908).In 1908 the Columbia Law Review published an article by Roscoe Pound, Dean of the Nebraska Law School, in which he contended that American common law had become a system of ossified rules deduced from abstract "conceptions" and applied mechanically to cases and situations regardless of their act... Roscoe Pound: "The Pioneers and the Common Law" (1920).In an address to the North Carolina Bar Association in June 1920, Roscoe Pound, Dean of the Harvard Law School, contended that the views of nineteenth century pioneers and rural frontiersmen toward the common law were obstacles to the enactment of legislative reforms necessary for the administrati... President Theodore Roosevelt: "The Courts." (1908).In his last State of the Union Message to Congress, delivered on December 8, 1908, President Roosevelt devoted a lengthy section to a stinging critique of the judiciary. He denounced judges who were out-of-touch with the realities of the modern industrial workplace, who imposed out-of-date social ... William Howard Taft: "The Federal Courts" (1908).During his campaign for the presidency in 1908, Republican candidate William Howard Taft addressed the Virginia Bar Association on problems facing the courts. He proposed multiple procedural reforms to the court system to address the popular belief that the current administration of justice favored... Edward T. Young: "The Present Problems Involved in Minnesota's Statehood." (1908).On the evening of December 3, 1908, state Attorney General Edward T. Young, delivered a carefully drafted paper to the Minnesota Academy of Social Sciences describing serious threats to the American system of government. It was more a lecture than a lawyer's brief. He singled out for criticism propo... |