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The Contractarian Basis of the Law of Trusts
II. FROM CONVEYANCE TO MANAGEMENT: THE HISTORICAL TRANSFORMATION OF THE TRUST ........................ 632 A. The Early Trust as a Means of Conveyance .............. 632 B. Why Early Trust LawExpand
The Origins of Adversary Criminal Trial
INTRODUCTION 1. The Lawyer-Free Criminal Trial The Altercation The Rapidity of Trial The Rule Against Defence Counsel The Marian Pretrial The 'Accused Speaks' Trial The Plight of the Accused 2. TheExpand
The Secret Life of the Trust: The Trust as an Instrument of Commerce
In the culture of Anglo-American law, we think of the trust as a branch of the law of gratuitous transfers. That is where we teach trusts in the law school curriculum,1 that is where we locate trustsExpand
The Criminal Trial Before the Lawyers
The common law criminal trial is dominated by the lawyers for prosecution and defense. In the prototypical case of serious crime (felony), counsel take the active role in shaping the litigation andExpand
The German Advantage in Civil Procedure
Our lawyer-dominated system of civil procedure has often been criticized both for its incentives to distort evidence and for the expense and complexity of its modes of discovery and trial." TheExpand
The Uniform Prudent Investor Act and the Future of Trust Investing
In recent years, American law has undergone a fundamental revision of the rules that govern how trustees invest. In 1987 the American Law Institute (ALI) began working on a partial revision of theExpand
Torture and Plea Bargaining
In this essay I shall address the modern American system of plea bargaining from a perspective that must appear bizarre, although I hope to persuade you that it is illuminating. I am going toExpand
Torture and the Law of Proof: Europe and England in the Ancien Régime
In "Torture and the Law of Proof "John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medievalExpand
Questioning the Trust Law Duty of Loyalty: Sole Interest or Best Interest?
The duty of loyalty requires a trustee to administer the trust solely in the interest of the beneficiaries. Any transaction in which the trustee has an actual or potential interest violates the soleExpand