Origins of Federal Common Law: Part Two

The Origins of Public Prosecution at Common Law

However fundamental he may appear to us, the public prosecutor was an historical latecomer. Judge and jury we can trace back to the high Middle Ages. But the prosecutor became a regular figure of Anglo-American criminal procedure only in Tudor times. Further, his appearance then has not been noticed in our historical literature, an especially remarkable omission when we discover that the prosec...

Common Law and Continental Law: Two Legal Systems

This paper tries to analyze the main differences between common law and continental legal systems with regard to administrative law taking into account some aspects of basic constitutional law (The UK does not have a written Constitution). Although both legal systems are committed to the constitutionalism of the modernity, their diversities are much more fundamental, than one would imagine from...

A Procedure: Common Part of Two Digraphs

The Federal Common Law of Statutory Interpretation: Erie for the Age of Statutes

The Sources and Scope of Federal Procedural Common Law: Some Reflections on Erie and Gasperini