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The prominence of law and lawyers in popular culture is shown in
the wealth of late-nineteenth to mid-twentieth century postcards
and ephemera collected in this book. From humorous cards depicting
love, divorce, drinking and cute animals and children in legal garb
to serious depictions of women lawyers, courthouses and law firm
libraries, they are a rich source for understanding popular
opinions of lawyers, the courts, and the law. MICHAEL H. HOEFLICH
is the John H. & John M. Kane Professor of Law at the
University of Kansas School of Law. He is the author of numerous
books including Roman and Civil Law and the Development of
Anglo-American Jurisprudence (1997), Sources of the History of the
American Law of Lawyering (published by The Lawbook Exchange, Ltd.,
2007) and Legal Publishing in Antebellum America (2010).
With a preface by Michael H. Hoeflich, John H. & John M. Kane
Professor of Law, University of Kansas School of Law and an
introduction by William E. Butler, John Edward Fowler Distinguished
Professor of Law, Pennsylvania State University Dickinson School of
Law and Emeritus Professor of Comparative Law at University College
London; Academician of the National Academy of Sciences of Ukraine.
Includes the text of Vol. 1, No. 1 (Oct. 21, 1876) to Vol. 1, No.
26 (April 14, 1877), originally published: St. Paul, Minn.: J.B.
West & Co. 1876-1877. "In 1876, John B. West, twenty-four years
old, launched a new publication that would within a decade evolve
into the National Reporter System. As a traveling salesman for an
office supply company in St. Paul, young West visited many
Minnesota attorneys. He learned that the official publishers of
court reports were chronically slow. West was later to say that if
the official state publishers had been properly doing their jobs
there would have been no need for his reporters. His first
publication, The Syllabi was an eight-page weekly news-sheet that
contained "prompt and reliable intelligence as to the various
questions adjudicated by the Minnesota Courts at a date long prior
to the publication of the State Reports." Its immediate popularity
among the bar soon forced it to outgrow its original format and
coverage. In early 1877, only six months after it had begun, The
Syllabi was replaced by the North-Western Reporter. The reporter,
another weekly, was also a transitional publication. It contained
the full text of all Minnesota Supreme Court decisions and
Minnesota federal court decisions, as well as those from the
Wisconsin Supreme Court in cases "of special importance." This
publication lasted two years, four semi-annual volumes. In 1879,
West announced a new series of the North Western Reporter (the
first of the modern West regional reporters) that would publish the
full text of all current supreme court decisions from Iowa,
Minnesota, Michigan, Nebraska, Wisconsin, and the Dakota Territory.
The Federal Reporter and the Supreme Court Reporter began within
the next two years and, in 1885, West Publishing (as it was
incorporated in 1882) announced the publication of four new
reporters that, along with its current reports, gave it nationwide
coverage. (.) The National Reporter System was soon proclaimed to
have "Unquestionably revolutionized the whole plan of law
reporting." --Thomas A. Woxland & Patti J. Ogden, Landmarks in
American Legal Publishing. An Exhibit Catalogue 38-40.
Jurist of the 18th and 19th centuries were often in disagreement as
to the proper method of instructing students who wished to take up
the practice of law. This volume distills the essential elements of
the controversy over legal education and offers many articles and
papers on the topic that are no longer available in print. A
compilation of seventeen essays by influential legal scholars of
the period, it presents arguments for and against the educations
approaches that dominated English and American legal study for more
than two centuries. Dean Hoeflich's introduction examines the
historical and legal context that formed the background of the
controversy. Many of the essays that follow are polemical
contributions to the debate on the relative merits of
apprenticeship and academic training--the methods oflegal education
that were commonly practiced. Some authors favored a pragmatic,
non-elitist training, others recommended greater emphasis on
systematization and method through the teaching of logic, moral
philosophy, or Roman law. Still others proposed a blending of
approaches or altogether new types of legal education--some of
which were frankly utopian. Several essays focus on the need to
develop American legal education independent of English models.
Renowned jurists such as Oliver Wendell Holmes, Jr., and William
Blackstone are represented, together with lesser known legal
thinkers credited with substantial or original contributions to the
field. The editor provides supplementary notes on the authors, a
bibliographyu, and an index.
Seeking to fill a gap in our knowledge of the legal history of the
nineteenth century, this volume studies the influence of Roman and
civil law upon the development of common law jurisdictions in the
United States and in Great Britain. M. H. Hoeflich examines the
writings of a variety of prominent Anglo-American legal theorists
to show how Roman and civil law helped common law thinkers develop
their own theories.
Intellectual leaders in law in the United States and Great
Britain used Roman and civil law in different ways at different
times. The views of these lawyers were greatly respected even by
nonlawyers, and most of them wrote to influence a wider public. By
filling in the gaps in the history of jurisprudence, this volume
also provides greater understanding of the development of
Anglo-American culture and society.
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