"To Agree Would be to Commit an Act of Artistic Suicide...": The Revision of the Design for the Law Courts

1983 ◽  
Vol 42 (2) ◽  
pp. 168-188
Author(s):  
David B. Brownlee

The 16 years of labor that George Edmund Street devoted to the Royal Courts of Justice were filled with artistic and political controversy. Amidst that turmoil Street created a design whose pragmatism and visual logic marked the end of the intensely intellectual, High Victorian phase of the Gothic Revival. "Without it," Robert Kerr concluded in 1884, "the whole process of the Revival had been quite incomplete."

Author(s):  
Molly Shaffer Van Houweling

This chapter studies intellectual property (IP). A hallmark of the New Private Law (NPL) is attentiveness to and appreciation of legal concepts and categories, including the traditional categories of the common law. These categories can sometimes usefully be deployed outside of the traditional common law, to characterize, conceptualize, and critique other bodies of law. For scholars interested in IP, for example, common law categories can be used to describe patent, copyright, trademark, and other fields of IP as more or less “property-like” or “tort-like.” Thischapter investigates both the property- and tort-like features of IP to understand the circumstances under which one set of features tends to dominate and why. It surveys several doctrines within the law of copyright that demonstrate how courts move along the property/tort continuum depending on the nature of the copyrighted work at issue—including, in particular, how well the work’s protected contours are defined. This conceptual navigation is familiar, echoing how common law courts have moved along the property/tort continuum to address disputes over distinctive types of tangible resources.


2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.


The Lancet ◽  
1892 ◽  
Vol 140 (3610) ◽  
pp. 1057
Keyword(s):  
The Law ◽  

2019 ◽  
pp. 69-102
Author(s):  
Thomas J. McSweeney

Roman and canon law were fields of knowledge based on the interpretation of authoritative texts. In their study of Roman and canon law, the authors of Bracton would have begun to think about the practice of law as a textual practice. This was not an obvious way to think about law in the thirteenth century. In England’s county and manor courts, much of the law was contained in the collective memory of the suitors of the court, not in authoritative texts. Thus, the fact that Bracton’s authors studied Roman and canon law would have led them to think about law in a different manner from many of their colleagues in the central royal courts.


2005 ◽  
pp. 95-112
Author(s):  
Shirley Roberts
Keyword(s):  
The Law ◽  

1945 ◽  
Vol 9 (1) ◽  
pp. 107-117
Author(s):  
W. Valentine Ball

It is not always appreciated that before a case is ready for trial, a vast amount of preliminary work has to be carried out. The playgoer who sits before the footlights, sees the actors, and hears them say their parts. He is but dimly conscious of all that has gone before—the playwright toiling at his manuscript, the rehearsals, and the labours of the dresser and the stage carpenter. So a visitor to the Law Courts who sees a judge on the bench provided with all the documents relating to the action, who watches counsel untie the red tape on his brief, and the solicitor produce documents from a dispatch case, is not always alive to the fact that all this has involved a deal of preparation, not only in the office of the solicitor and the chambers of learned counsel, but in the offices of the Supreme Court.


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