THE COMMISSION MERCHANT AT COMMON LAW

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...

Western Philosophies of Law: the Common Law

THE LAW GOVERNING SALES OF GooDs AT COMMON LAW AND UNDER THE UNIFORM SALES ACT

Americanization of the Common Law

Code Versus the Common Law

Lawrence Lessig called the most recent battle ‘‘Hollywood v. Silicon Valley,’’1 but one could just as well dub it ‘‘Code v. The Common Law.’’ The content industries’ latest efforts to re-calibrate the balance of copyright2 imply that the United States copyright system has reached a crisis that cannot be resolved under existing law. In particular, bills such as the Consumer Broadband & Digital T...