20Century USA law (below)

Author: Su Yanxin (  )

Legal reform and unificationIvory tower

Compared with the great changes of major events with some of the civil rights revolution and legal structure and content, strictly speaking, "legal reform movement" is really not worth mentioning.Legal reform movement symbolizes the rationalism design and legal pluralism detachment, and it is a kind of dim and fuzzy method.The law reform should be criticized just due to its narrowness importance of lawyers. In order to unify, compilation of legal codification, legal continuity and orderliness and similar trade game, organized lawyers and the occupation of their academic Party in twentieth Century with little war.

On the surface, the law reform movement actually achieved success, unlike in nineteenth Century just crazy dream. This should not surprise. In a sense, "the law reform", in fact, organized lawyers use the term is a kind of occupation protection measures. A large extent, legal reform is characterized with occupation of elite consciousness reaction siege colleagues. In twentieth Century the occupation become larger in early 80 -- about 600000 -- and the practicing lawyer occupation is always controversial. The lawyer occupation leaders -- especially Wall Street and Washington lawyer -- sullied reputation they call before the nobles, who was born and special agent for traffic accident lawyers, divorce lawyers and similar Krai lawyer in foreign underclass tide before, in a sad way they thought, review the golden age is a lawyer.

Reform of the law to show the world the lawyers also serve the public interest; and since 1870, the legal reform from the history of official organization has been linked with a lawyer. Lawyers association was started in 1870 twentieth Century, the bar association of importance in enhancing, though it has never been America Medical Association that full power. Founded in about the turn of the century, National Committee on uniform state law and America Law School Association also involves legal reform, but also enjoy the occupation with the interests and reputation. In late nineteenth Century, inspired by the lawyer organizations America law has begun drafting the uniform code. At the beginning of twentieth Century, many, many other things follow close on succession. "Uniform sales law" (1906) is one of the most important, but not the problem is too small; "unified national flag law" (1917) (to prohibit any person damaged, defaced, contempt or trampling USA flag), and "unified instant death" (1940) is the National Committee on uniform state law another contribution on public welfare. After the second world wars, in about 1950, compiled the "Uniform Commercial Code" of commercial law is the great contribution. Professor Karl Llewellyn is the code, mainly the intellectual father. The code summarizes all the commercial law, and improved (in theory), and instead of the old law on the sale, wholesale, warehouse receipts, bills, bills of lading and secured transactions (many of which itself is a "unified" legal issues).

"Uniform Commercial Code" to attract a generation of outstanding academic experts commercial aspects of attention. First of all, the experts drafted the "Uniform Commercial Code", and "Uniform Commercial Code" lobbying to be adopted; and pundits began writing "embodiment" of the uniform commercial code. Spare no effort to put the code to sell not aware of legislators need a code. Pennsylvania (1953) and Massachusetts (1957) is a pioneer in code adopted; after a fierce debate for many years, the states have adopted the "Uniform Commercial Code". To some extent, the code with the history is a clear break. America commercial legislation is often fragmented and partial. The other hand, the Uniform Commercial Code revolutionary considerably less. In one aspect, it is very out of date. Deals with the problem of strictly speaking is "legal"; that is, the various problems of case law precedent principle, the chaos of conflict and seems to be hated and indifference of the statute law arrangement. The drafting of that court and legislation institutions do not understand the business needs and how to think what, businessman. One final point should be emphasized, because it means the uniform commercial code is a mixture of two kinds of consciousness. One is the law consciousness, emphasize system, structured, logical, uniform; another is the merchant law consciousness. This is a flying commercial social services banner. However, it is generally the first leading consciousness. Can profoundly feel that it is committed to commercial practice; but it is in essence the window layout. The Uniform Commercial Code drafters not on what or business how to run the business need to conduct empirical research; the plan also does not have the unification of economic theory. Some of Wall Street's lawyers and businessmen to provide their opinions; but the way commercial service business world -- or the society does not exist, what is really wrong (if there is something to explore what words). However, the code is different. In the treatment of local attitude. But any state requirements "Uniform Commercial Code" exception, the United States can imagine having an economic or social benefit idea is regarded as heretical, but in fact are not allowed. The commercial society people -- workers or consumer code does not give too much attention. This point is very unfair. In the legal scholars, the issues about the poor and the consumers of academic interest to 1960 years before the actual together at the fashion. Era of product of "Uniform Commercial Code" now with high button shoes, it seems odd and out of date. This code is the legal scholars, law school and Wall Street lawyers love feast of the work, and the only objection is that conservative lawyers association to resist any change.

In any case, uniform commercial code itself with "restatement" compared with modernity, mark is probably the conceptual jurisprudence peak. In American law Initiative (founded in 1923), "restatement" compilation work in late 1920. But advocates is precisely the codification idea hostile people. These are the people who want to reduce the various principles through and make easier not to more systematic way to strengthen and save the common law. The result is restatement not law. The judges and professors can do work is the common law that scrape off the main field: Contract Law, trust law, property law, tort law, agency law, conflict of laws. The legal field they choose to live, cut their meat, dry blood, reduced to only bones. These bones are the various principles and norms (boldface legal) arrangement, and comments on the slightly poor. "The first restatement" contract law was completed in 1932. Thoroughly clean the restatement basically is to have social or economic impact of normative ideas. On the whole, the theme content strictly according to the logic, the purpose is to show systematic and reveals the chaos (is not identical to the court to apply to mainstream restatement, common law development.). The main drafting people such as Samuel Williston and Harvard's J W Scott (contract law, trust law) is subject to the influence of the concept of a prolific author randal. They take great to commit themselves to this cause, and let the legal scholars today insisted the trend of the new legal thought is new in order to be different than good looks. But a be hardly worthy of belief is the restatement of work (and re restatement) continues.

In twentieth Century, all the legal reform activities did not get what social outcomes. In fact, the law reform has become almost synonymous with the game. "A variety of topics in the reform" is the theme of the essence of law. From a theoretical point of view, the public interest is the monarch, is reform of the soul and reason; in practice, to solve the problems of reform to get rid of the appeal is not enough, this is also the logic and continuous problems. Sometimes, it will also include the public interest. Judicial "structures" are reform (in the state of New Jersey, under the leadership of Arthur Vanderbilt), this work may bring the actual social benefits. Later compared with the restatement of the model penal code, more sophisticated performance. The Model Penal Code drafters at least aware of the problems the world is significant, and very concerned about from the portal out loud. But, fundamentally speaking, the uniform code full of twists and turns that or at least improved. "The uniform probate law" by most people settled in some western states populated adopted (till the end of Book Writing), delete some of the probate procedures cumbersome ornaments bad reputation. But the core of the uniform probate law "does not touch the testamentary system. Many scholars (and public) think it cumbersome, old perversely.

1960 years of unrest triggered a new law reform in many aspects. Civil rights, the Vietnam War, the war on poverty, widespread rioting pollution and population concerns and University -- all these as suffering from adrenaline disorder, long in the law school and the occupation field edge. There are also some leftist lawyers: with social consciousness and sometimes even aggressive, stubborn minority. The difference between present and past is, the first is the passion, the second is money: Linden Johnson Department of "anti poverty battle" recruited legal corps, paid for by the government, is responsible for the aid the poor parties prosecute to the enemy (often is the government itself). Aid the poor lawyers on the system gradually applied pressure to make far-reaching changes.

In a sense, this is the second such incident. In 1930 during the new deal, the lawyers and the view to vent to law school; lawyers to guide social progress forward. They were gathering in crowds and groups to Washington to build the Roosevelt society. Moreover, their interest is largely true -- not the Justice Department, is the sector of the economy. Radical 1960's of course of the substantive law is also interested in the. But they also use a special view of Justice: court, procedure, have power. To promote the "internal" lawyer occupation here give legal reform and external real social sport round together. Two kinds of force not only before the formal legal equality; have openly opposed to vertical pluralism American law and life; and both sides is crucial to the judicial procedure.

In any case, not all active lawyer working for the government. Some members of the so-called public interest law firm. Funds from the mountain club, or from the NAACP donors or other aspects of. The number of members involved is not much: in more than 500000 people in the occupation of hundreds instead of thousands of proportion. But this guy who completed a lot of work -- some people think very much. Most of the group is listed in the legal aid institutions wage government issued list of lawyers. The lawyer is especially at risk. The funds may be broken at any time. The lawyer's job easier to violate the interests of those in power. They especially hate a man named Ronald Regan the governor of California, but when Reagan was elected president, he tried to cancel the plan. Encountered congressional veto, but the money has been greatly reduced. In the long run, whether the plan can exist is still be in suspense problem.

The development of law

In twentieth Century, the law itself is still rapidly and continue to change. Some of the main title has been referred to as the rise of administrative law. Due to the requirements in detail too much, other title area.

In the law of the land, it is a land use control of the century. Restrictive land contract and the common law nuisance principles are not enough to potently block change force big city. Twentieth Century tried zoning. New York City promulgated the first comprehensive zoning ordinance (1916) [12]. From the beginning, partition system has almost become the universal characteristics of city land use. Partition and control is the current controller of city development, the protection of city status, to prevent any decline in land values, rules to balance the market of iron. These are common targets, planning system is a common tool, it serves the interests of the middle class housing ownership, and (to some extent) also serves on the business.

In short, the land use control is popular due to the income of isolation measures America habits. The rich and the poor are divided into different areas and. That's enough standard, problems arise in the critical and surrounded by area. From the beginning of the first World War, the black communities of rural began to immigrate to the north in search of work. After the Second World War, the migration to form a flood. Therefore, the white fears become another major support used to implement the control of the land. The federal program -- City revival and reconstruction started from 1949, isolation measures reduce the city in the late 60 model city -- almost failed to. These programs generally takes the form of the princes agreed to license to the local princes. Development of city and urban policy, most white people do not agree with any project, large-scale desegregation idea in 1948, Shirley v. Kramer announced the restrictive land contract; 1949 city re development plan out the closed box. Although not say two directly related events, but a kind of behavior of energy release of another kind of behavior. If the black and poor is directly rejection in the neighborhood, so, it is best to indirectly through a resistance movement to achieve the purpose of destruction.

Two important reformist goals, at least as a reconstruction and later reconstruction gorgeous pillar revised. One is the low income housing; another is the beautiful city of dreams. The actual effect of the two plans of different, but not what benefits; neighborhood was destroyed, slums in the city and transfer. Can be expected, the negative effect of strong on the city reconstruction plan. The army is under the black, militants and (sometimes) white small owners; they think the bulldozer approaching their backyard. Of course, from the beginning of reconstruction of special planned protests. In accordance with the good, old American way, some of the prosecution to the court. In 1950, the courts have all opposition to ignore. Skim the jargon, first of all, the case description, me most clearly; secondly, the judge can not interfere with each authority respected shall make a decision.

In 1960, there were more cases; some judges began to rethink; some housewives chained themselves to the trees to attract public attention; and from many of Washington's handwriting works and pamphlets. To sing one's own praises general cuts have overwhelmed the city renaissance. Thanks to renewed economic strength is still strong; but also the enemy is strong. The planner must struggle with the increasingly conservative movement; and the city of corruption, as a social problem lost some of its luster. Now, must treat the latest social serious problems, the human and the natural environment, its central location for the stage.

Air and water pollution, city crowded with other alarming symptoms are very old; there is always calling for a return to the sounds of nature. But from the beginning of 1960, the calls became more strident. True destructive consciousness started according to the cage in the small and limited world. Encourages the ecology movement many roots. First, the economic growth (after all, the community there are a lot of demand, on the other hand, is the commodity scarcity) no longer make everyone satisfied, especially not to those who spend satisfaction, but still not inner satisfaction. Secondly, there is a crisis, resources are not inexhaustible. Big business is contaminating rivers and to emit black smoke into the sky; the logging companies are cutting non renewable forest; city driving is putting a lot of wastes into lakes and oceans; highway engineers are paved with concrete road through the American Heart and cultural heritage fragment. This allowed only by the blind trust market this invisible hand, by the "progress" and public organizations of virtue and reason and justification. Such trust itself is becoming a scarce commodity. Third, this is a lot of rich and leisurely people, by professionals and bureaucrats formed a large government and its administrative institutions of society; a soaring in search of the dominant position of the scholars and intellectuals. All of these interest groups (such as they are objective) have their conscience and the essential reason. Because, only when the government is in pursuit of the interests of the state, it's huge can only forgive; every part of every government must have a certain social useful plans. The scholar and the leisure class and consumers as a self interests, they also need and require some way to consume their time and money. Many people spend collecting stamps, China history writing, to antique shop, drink and so on, and some of them hit the environmental crisis, this problem is real, and the time is ripe. Therefore, have some power interests -- especially has the power to mobilize neutral -- for 60 years of a dispute with the other power cooperation. By the late 60's, many of the previous problems have become No one shows any interest in the (for example, blacks don't say thank you brusquely took their own liberation work.

The ecological movement implies the interests of consumers of the prominent rise. It is still the law forward in the struggle and compromise of interest groups in the society. However, consumers first formed an organized interest group. To be able to feel this in many areas of public and private law. A famous example is the development of product liability. In a sense, product liability is just off "goods sold are not returnable long flight" to continue. In twentieth Century, compared with the previous flight is naturally more demanding government investment. Personal action as usual is quite high cost and unrealistic. Therefore, the law allows manufacturers and processors bear higher costs. In 1906 adopted the "Federal Food and Drug Act" enacted before, it has unusual struggle. Purify food movement has been carried out for 30 years. The works of Upton Sinclair "Jungle" to promote the last incalculable. The public readers almost think of their meat products is moldy, mice excrement sausage, canned food containing acid and perfumes rotting, and worst of all, have made similar animal lard, you sick to your stomach. This book was written by Sinclair, revealed in a crowded city "of Chicago beef trust wage slavery" situation. [13] in a famous sentence, he said "I aim at the heart of the Republic", "and I hid in the......... The stomach". In fact, he exposed the scandal nearly halved the carnivorous product sales. This makes the food industry to understand better than emotional or socialist. If purifying food legislation will resume on processed meat and food products, trust, it is worth the price regulation, at least talk the credibility of the enterprise is worth.

After 1906, in the complex history of food and anesthesia of law, continue to play a role in the scandal. In 1937 more than 100 people, mostly children, died in the "elixir"; a drug company like in the market in the form of liquid selling medicine; the solvent is a deadly poison. Therefore, the 1938 legislative authorities to strengthen the Federal Food and drug administration, and announced in the not fully before testing [14] sales in the market for illegal drugs.

Fatal episode also help to encourage state and federal clean air and water. Environmental protection seems to be, but is a paid in popularity. However, the late 1970's and early 1980's, has been strongly resisted. Whether public opinion vacillating too extreme? For the sake of safety, Pedicularis plants a few small fish of endangered (no matter what), or harm insect, sank economic ruin? The federal environmental protection agency and the work is at the centre of a fierce debate, but will still be in the center of the controversy; however, the main pillar the plan, has widespread support.

The Federal Food and drug administration, the federal environmental protection agency and its staff with a common theme: control by the external economic effects of what economists call, private activity effect is beyond the direct action of group imposed on other people's cost and burden. Of course, no man is an island; there are subtle influence all the behavior; the problem is the demarcation line in what place. New York (1984) has decided to force the driver to fasten the safety belt; some people yell brother, complain about arbitrary; but the expressway on the inevitable crash along with the pilot also affect other people, if the seat belt to reduce this effect, it is to ask them to reason. However, accidents, legal expression for the amazing society in twentieth Century.

First of all, on the injury accident. In 1900 we know peer employees rules no longer works. Although very hard, but it no longer has the advantages of simplicity. It is no longer effective allocation of industrial accident costs. Promulgated the "federal employer's Liability Act" in 1906, Congress abolished the regulations for railway workers. [15] many states have abolished this provision; moreover, a fierce debate and clamour between 1900 and 1910 on the compensation scheme. USA industry resisted, but resist gradually disappeared. Legislation and accident insurance cost the industry a lot of money. Compensation really does not add too much burden is possible? Most of the money paid directly to the workers, less pay parasites, lawyers and brokers. Perhaps such a scheme will give industry buy peace. European countries, notably Britain and Germany, have adopted the workers compensation, but the day did not fall down. 1910 New York state passed a compensation law, [16] and Wisconsin passed the statute law (1911), this time successfully. Other states have to follow, avoiding the New York law violated the judge set trap. The most common solution Supreme Court later ruled constitutional. In 1948 the Mississippi is the last through the compensation law of the state.

Workers' compensation method is a trade-off system. The parties to pay some, get some. Workers compensation. If workers injured on the job, the person may receive compensation, regardless of whether the employer fault. [17] peer employees rule was abolished, the same risk principle should be abolished. No matter whether the workers themselves negligence: unless the behavior of workers have serious negligence or alcohol, or most states still allow compensation; on the other hand, the employer must pay workers amount prescribed by law, and strictly limited. The fixed percentage of workers will receive medical compensation and pay the actual loss, but there is a maximum amount. For example, in 1911, Wisconsin, workers as long as life, then can obtain the average weekly wage of 65%, four times the average annual income until; this is disabled workers can get the most high. The law also provides for a unified [18] fixed cost for "lifelong partial disability" -- the fingers, toes, legs, eyes, arms for several weeks. Employee is not much; but not much; not through a trial; fully meet the relief no longer suit. To this end, the employer is very happy.

 

Workers' compensation is considered to drive away the accident case law of plague. In general, it is successful. Almost all the industrial accident case very smoothly through the committee process, no action. But the new law is indeed a surprising and disappointing a lot of case law, and lead to the system. Tendency to case law expanded early proponents think responsibility. Now some state, the workers for working with cardiac disease claimed compensation; the office of a secretary turned to talk with her girlfriend sprained his neck, the loss of wages; accident dozens of cases of the treatment is due to the company party or on a picnic. In part, these responsibilities are wishes to expand. In the "difficult" cases, personal dilemma often affects judges and officials at. In addition, white collar and service sector workers more than blue collar workers in the labor quantity. It is their law, their welfare state. Since the country is still not applicable the general law of social security, then from birth to death, it is only through the sporadic development or existing system obtained by "special interests". The workers' compensation responsibility is based on this point of view.

Hurt workers so far, after failed, workers' compensation has been a basic target. At the same time, tort law has been completely revolutionized. Since 1920 time, the vehicle has been playing a more and more important role in tort law in everyday. From the practical aspect, many personal injury lawyer for motor vehicle accident case, and this kind of case holds court infringement cases catalogue record. In addition, 1950's, some state highway accidents accounted for 40% cases of the court, the vast majority of insurance company to claim. With personal injury lawyers association using contingency fee system, and some are big relief compensation; but the litigation cost, so the accident most dealt with in court. Legal scholars and others have put forward some compensation scheme. So what did not happen. Workers' compensation results from bilateral system clear, is the side of organized labor, the other side is organized employer. The public bus; and at least make the most of people tolerate general insurance system. With the rapid increase in insurance, accident can not grasp improved. "No fault" system was first implemented in massachusetts. "No fault" to be stable, although on the agency personal injury lawyer's body (so to speak).

The car accident is tort law's bread and butter; but the most striking change is already happening in 1900 before the almost did not happen: the field of product liability and medical malpractice. In 1916, clearly is for generations to come to a decision, judge Benjamin Cardozo of New York to seize an opportunity, promote the transformation of the development of product liability law. The case is Mcpherson v. Buick Company [19]. The situation is made from wood wheel flawed spoke "broken to pieces", resulting in serious injuries to Mcpherson. Cardoso judgment flawed car buyers are the victim may bring a lawsuit directly to the manufacturer. But there are technical obstacles, because it doesn't matter between the legitimate interests of others, have no direct relation to link the plaintiff and the defendant. Mcpherson not from Buick Company to buy a car, buy it from vendors. In accordance with the law, older, he can only prosecute vendors. Nevertheless, Cardoso's court granted Mcpherson for indirect manufacturers prosecution reason. If the products the existence and possible risk, then the manufacturers know their products will be third consumer use, the manufacturer in the product "shall make note", otherwise the consequences.

Cardoso's language is persuasive, is clear reasoning. The case raises legal sensation; the case has more litigation, in some cases, win. About 30 years later, the majority of States to accept this innovation. But other court follow Cardoso may be wrong. Of course, they cited his views, his views are convincing itself is another question. If the facts convincing, so not because of their own views and eloquent but because eloquently summarizes a this can be expressed by any mood reason mood.Twentieth Century is destined to basic ideas to accept the product liability, namely the manufacturer should be responsible for the final consumer. In recent years, the Be Cardozo product liability court has applied imagination far. Strict or absolute liability instead of the standard of fault; if the flaw product harm someone, the company must pay.In some amazing case, claims soared millions of dollars.

Similar explosions have occurred in medical malpractice cases. The majority of these cases are accused of doctors, dentists, nurses and hospital but also obtained the penalty; and recently also include lawyers, accountants, and even teachers and priests. In nineteenth Century, and entered the twentieth Century, this case rarely. By the age of 70, in part because of some small but important group of cases are generated huge compensation, insurance premiums increase and doctors under the victim's anger shocked. Some states have even taken the caps on the claim. Statistically speaking, these cases are not common case; but they have a feeling: litigation has posed a serious threat to everyone in the occupation life.

The revolution of the tort law is largely the cause, it is a remarkable fact. This caused the jurist's interest and that the court plays a huge role in the twentieth Century law revision. No doubt, the court plays a role; but exactly how old? should not take the judges work. Of course, the court in twentieth Century is very busy and active. Some high-profile cases -- Brown v. Board of education is one of them -- the judge in the state affairs left effect. They changed the old rules and the development of new rules. But their power is limited. In this century, the judge often conservative display a huge ambition own. In 1930, the supreme court legal means to veto that some new precious aground. Franklin I on this issue threatened "expansion" court -- add new appointed places, and be loyal to the new person. Although Roosevelt has a high reputation, but the plan has gain extreme notoriety and get the opposite of what one wants, and the expansion plan before the court.

Roosevelt won the victory, he was elected the four session. But the most obvious is the "nine old" than he has long term. The new appointment, on second thoughts, to the court to enter more rational state. In this country, freedom of thought, it is no longer offensive (at least since 1985). In fact, the 1950's and 1960's, in judge Earl Warren leadership situation change, it was a conservative short.

In the late 1930, the Federal Supreme Court concessions, the power of the federal government, as well as the huge expansion of the expansion of the welfare state and government regulation of business, the road is no longer what legal barriers. The main economic power firmly in legislative and administrative departments. The court is (in Alexander Bickel's words) "the least dangerous Department"; is the least important? Even the so-called private law is a law. The actual control of state of the vast majority of norms and rules from Congress and legislatures, usually by the office of the president or a governor or drafted by them in the bureaucratic representatives and agents. Administrative institutions numerous rules of law itself is important, even crucial origin. Tax law is the best explanation. In 1913, the sixteenth amendment abolished the Pollock case of damages, the Congress passed a new income tax law. After many years, congress raised the multiple rates, added the legal provisions. Around 1950. "Internal Revenue Code" (dominated by the federal income tax) is the longest, most complex American, most mysterious code; and with any legislation or in any other situation compared to single legal tax code is likely to affect more people and companies (and give more lawyers and accountants to bring more the work of a code). To levy the tax levy also billions of dollars every year. This is a huge government must have a fuel; therefore all this attention is not surprising. Formed a huge norms, rules, and temporary notes and supplementary regulations of the tax law system. The court case in the tax law as the policy origin to a poor third.

In fact, affecting the entire population by the twentieth Century welfare law. The biggest change and breakthrough comes as president Franklin D Roosevelt. Unemployment compensation, unconditional grants in aid of public housing, old-age insurance, dependent child family supports -- all these either began in the 1930's, or substantially revised and improved. The great depression makes people into poverty. The mass lost to the business leader's trust, also eliminate its not used and that should not be the plight of the government behavior. Miserable people not can safely not minority underclass ignored, they are a large group, many of them fell from the middle class. To restore the vitality of the party and with the stones built their forts. 1930 years later, every new government was forced to adhere to core not to touch the new problems: social insurance. Increase the social security payment into the usual way. 1960 years of Medicare, Medicaid, increased federal education fund, and the economic opportunity act into a welfare family.

However, in the social welfare legislation and administration of the world, not everything is rosy. After 1939, the negative effects of successful middle class some welfare programs, notably the family subsidy and public housing, they are more and more poor people continued down. For a time, this is more in order to submerged middle-class plan. Black and expelled with fattening middle class out and moved. But this means losing a very important factor, the political popularity. The poor law old long shadow over the plan again. They become stingy, the complicated conditions and grinding, and those political sniper but easy to plunder. This in turn in the range of discontent. Therefore, for the 1960 time resisting and anti boycott these welfare plan ripe. In the late 70's and early 80's doubts and misgivings about finance began to core middle-class distress of the welfare state: social security under the old age pension, medical care scheme. Most critics believe, the crisis is imminent. How to solve the problem is still not clear. From one election to the next election, is the tendency to muddle along, away from the most difficult issues and choices.

Judges and lawyers

Despite 1930 years of recession, but compared to the middle of twentieth Century, the Federal Supreme Court in prestige or power is never very high and very. The Federal Supreme Court instead of a powerful voice on economic problems with very strong about "social problems" voice: apartheid, death, crime prevention, contraception and abortion. Its decision is front page news. Claim to the Supreme Court and the Supreme Court mysterious secret pulled the curtain of a book, topped the 1979 bestseller [20].

Of course, this is a unique court. Indeed, the federal court system reflects its role and activism growth; on the other hand, state courts and judges despite likely remain (or even) absolutely on the issue of power, but, rather, they lose their power, but relatively speaking, the courts and judges in the central sector in twentieth Century belongs to the government. Of course, the state court judges have few more fame. Benjamin Cardozo of New York (1870 - 1938) is a rare exception (Cardoso from the beginning of 1930 has served the Federal Supreme Court). The 1950's and 1960's, probably in all state judges, Roger Trenna in California to enjoy the highest reputation. Almost all the lawyers have said he. Later, some judges for this or that reason is famous or notorious repute -- such as Ross Bird, the chief justice of California's controversial. But almost all state court judges do not attract sb.'s attention and not be exalted.

In some ways, Cardoso and Trenna's difference is extremely remarkable, two lived in different times. The two reform as the judge is the most famous. However, Cardoso preferred in common law coat reform; he likes change between the present continuous, when innovation, argues that the common law essence or spirit requirements change. He gives the impression of a perfusion traditional clay craftsmen. Trenna was more like to break with the past and cut off; his words more unique and frank.

A philosophy of the two judges, affected the legal education and legal knowledge destiny. This is known as the realistic legal awareness, legal realism greatly with 1930 years a number of authors, notably Jerome Frank and Karl Llewellyn. Realism is not a true philosophy but an attitude, against the late nineteenth Century emphasizes the legal logic and pure concept of judges and scholars thinking; in other words, abandoned the philosophy of Randall. The legal tradition in the realist intermediate no longer enjoy higher prestige. The realism of the judges and the author is disclosed instrumentalism; they ask: the doctrine of precedent or rules have what use! A few lines of citation is certainly not sufficient answer; for the past famous judge, resort to sb's papers, or from a previous case principles embodied in the case of deduce the logic results, is not the answer the. The reality and irrational skills, fiction less tolerance. The law must be changing social tools; but no matter from what point of view should see this point.

These ideas are not new; but they never dominate all the judges and lawyers of the thought, but they do affect a number of prominent people. Realism has produced to the narrow but is important to judge group works on the influence of different level, and perhaps (though we to be very careful) affects the behavior of judges and judgment. From the surface, the case is more (and more clear) to resort to "public policy". About a century or so, judges are more like the case directly declared invalid. Declared invalid in American always possible, but this power is rarely used. As the chief justice of the Supreme Court in the Earl Warren case, declared invalid more popular, modern high court judge dissent than their predecessor. Judges have agreed more but also have their own opinion. In 1870, Michigan state Supreme Court case is about 95% of all agreement; 1960's public opinion, disagree or agree with each accounted for 40%[21].

The most obvious sign of this trend in this century is the original 1/3 century, "the great dissenter" Oliver Wendell Holmes and Luis Brandeis period, the Federal Supreme court. But in the era of different opinions don't like later then normal. By the late 1950's, agreed that the decision is not normal. At least in some special cases. In fact, school segregation case is agreed; the case itself makes people think a behind the scenes of Warren's diplomacy enthusiasm. Often, the Supreme Court has the proportion of 5:4; in some cases, the judge wrote three times, four times or even more different views; political scientist caucus of the Supreme Court and be absorbed in analysis, analysis of the scene judges staged.

In twentieth Century, judges and lawyers to continue its progress (if it is) and move towards a comprehensive occupation. The majority of lay judges -- even lay magistrates court -- step wilderness the hen and the Carolina parakeet. Indeed, the judge still generating by election; in a sense that the judge is a part of civil servants as the judge is a politician. But the judge election tends to become the regular course of official duties, Guan xiang. More often, an old judge died or retired, a judge and sit on the position of the judge appointed by the. In term of office, although the new judge to re-election competition, but no real opponent, almost no senior court judges had been beaten, even with the defeat of the threat.

   Missouri project (1940) proposal to end the election game. The plan was cancelled by the local lawyers, judges, the layman term consisting of the lawyers committee election of judges appointed by the governor and then practice. The panel recommended that the three candidates from three people; the governor appointed a judge. The judge in the court to service a year; at that point, everyone will participate in the re-election campaign, and shall not be opposed. Since no one can beat somebody, so not against the judges will certainly win (Chief Justice Ross Bird, the late 1970's appointed California controversial in trying to force her to resign, she managed to continue as a judge). 1960 years, some states adopted the Missouri plan. In the early 1940's, USA Lawyers Association made a powerful lobbying for federal elections for judges, lobbying achieved some success. However, now to the USA Bar Association's Committee on consulting some nominated judge whether qualified just regular course of official duties. For no binding force, but the impact on the selection and determination of the judge.

In 1908, USA lawyers association through the occupation ethics. Most states adopted the specification or through a similar code as the official regulation law. From about the middle of the century, lawyers' Association in many states have begun to "merge". This means that all the lawyers, a state must belong to a (state) lawyers association, Association for membership dues, and at least in theory, have the right to dispose of its members. By 1960, more than half of the states have joined the association of lawyers. In this direction, this trend continues -- for example, Illinois in the 1970's "into the" lawyers association. Nevertheless, to control the doctor compared with USA Medical Association (largely through the hospital control), legal occupation is actually loose and free. Undoubtedly, more than half of the lawyers and the association staff not to participate in the National Lawyers association. Although the association of lawyers try to unify caliber, but it never convince the outside world to listen.

Some people would say that this is for the benefit of. Compared with the exaggerated propaganda, operation organization of lawyers association is a backward and weak. At one time, when the justice and civil liberties in the crisis, organized Lawyers Association and hadn't stood patron side. This century is a period, it is racist (Blacks were not allowed into American Lawyers Association). During the period of Mccarthy, USA Lawyers Association urgently oath of allegiance and cleaning [22]. The vast majority of "the ethics" is to avoid competition and prohibited advertising and protection of lawyers. The last 30 years or so, bar association to amend some industry rules. However, it has been towards the political centre. When the bar association to lift the ban on advertising, the Supreme Court has given a boost to. Now people can hear lawyers get drunk driver business on TV; legal "firm" like fried chicken shop opened in. Old Wall Street lawyer will be hard to sleep in the lower.

However, the Wall Street itself has undergone dramatic changes, for a period of time, only 20 lawyers in a big firm, only once every 30 years, the 100 lawyers means giant firms. In 1980, Beck and Mackenzie has more than 500 lawyers. The development of many firms not only like a tramp's tent, and law firm has found the advantages of branches. Before World War II, branch obviously less. Recently, only a few law firm with branches -- perhaps in Columbia zone; the one or two firms with small overseas offices. Branch is now quite common, some firms have four or five or six branches -- some in Saudi Riyadh, or nearly in the outskirts of the city on the edge.

 

So far, in fact, law school monopoly into the lawyers of the power [23]. Compared with the medical school, law school established more -- by 1980, about 200 law schools around. Almost every state has at least one law school -- some states do not adhere to school, but, after World War II, Hawaii and Vermont has opened a school of law. Law school start up cost is not high or not medical school strictly control -- not the law school as early as the variety. In the first half of this century, method and concept of Randall's plays a dominant role in the legal education of jurisprudence. Can say, 1930 or 1950 national, some small scale and lack of funds to do law school, school, voluntary and try to emulate Harvard, use the method and case textbooks, rather than looking for their mission and spirit. The 60's and 70's, amazing for the tide that almost all of the law school can have more choices; prestige first-class law school and wiped the income of cream. Many law schools have tried to reach out to grab a few students. Is engaged in lawyer business, learning the number of legal girls have phenomenal growth. Some law school about 1% or so, but to the 1960's, the girls grew 1/4, 1/3, even to the half of 1980.

Most of the time in this period, Randall and the concept of nationalism prevailed in the literature. This is a prolific papers in. Samuel Williston built a huge fortress with contract law (1920 -1922), heavy contract law -- a roll of a roll of rigorous planning and then, no matter from any ethical, economic, or social concept, armed to the teeth to resist the invasion of [24]. After 1920, legal realism movement is a challenge, but also an important opponent leading law school. Karl Llewellyn and Jerome Frank, and other people started the concept of law battle, even produce realistic works, such as Arthur Corbin's "contract", a Yale man against an old harvard. Realism all courses of law school also has deep influence. Included in the administrative law and tax law course, and try to change some of the old course content, to comply with the new characteristic of the times. On the whole, despite the declaration has for decades, but a full course of law school surprisingly boycotted the thorough reform. Some law schools have added a "rich" course; some law schools have to do some experimental training clumsy-handed. Center course regardless of good or bad seems to still keep the core curriculum, let a person be hardly worthy of belief more firmly and impermeable.

From time to time, the law to the knowledge of the world sports. The 1920's and 1930's, at the Columbia University, Johns Hopkins University and Yale University had the test combined with the legal and social science, try and carried out one or two times of curriculum reform. These attempts failed. After the Second World War, there are still many difficult try. Now, at least, governments and foundations fund into law school. In 1950, at the University of Chicago, a study of the experience study in law school and social science cooperation of colleagues at least is possible. Most of the legal and social science, although still only a promise; but the promise is always better than the false and dream. There are several schools -- known as the Wisconsin and Berkeley statement in support of this idea. 1960 years, legal research to broaden the social problems include more -- such as law and poor, the rich, the laws of various countries. In addition to economics, social science basically no attention. Chicago is a leader in this respect; and Richard Posner, who later became a federal judge is the main contributor. Called the "law and economics" has been widely criticized, and that the school too narrow; but, in the 1980's, it has significant status in law, education, thought and study.

Put quality side not to talk, write legal books, no end in fact. In nineteenth Century, almost no university law review, but by the age of 1980 with a staggering amount, there are about 150 species of. In fact, every school of law, regardless of the actual profit as the local pride thing edit comments. I don't know why, these tens of thousands of journals filled with content. The more prestigious law school year than weak law schools publish journals more. Therefore, in Books are numerous. later, they published two or more journals. In accordance with the law school tradition, student run publications, editor of the law review is composed of outstanding students of law school. They are the best, the most excellent only ability related, but they get to go to good firms (some schools, 1960's egalitarianism prevailed, law review competition to all want to try the students open, regardless of grade). In early 1930, Duke University began publishing a "law and contemporary problems" journals, this is rare and courageous acts. It is a theme of the Symposium; and create special editions for the student works. Later, professional and academic journals such as "USA Journal of legal history" began to start publication. "Law and society review" the first volume was published in 1966.

In conclusion, despite the adverse effects of a law, but the law has never been like twentieth Century rich literature. In Roscoe Pound (1870 -1964) long life, change of biological research turned to the law, a Nebraska man, to his great creativity into many areas of the law, sometimes, he also play fast and loose and always controversial. The two World War, Charles Warren wrote of the America legal history a lot of creative. Legal history again from the Second World War the shadows, but at least the train a prominent figures, Willard Hester of the University of Wisconsin and his colleagues -- called the Wisconsin School -- their main effect is on the relationship between law and economy. In 1970, a group of young historians, slightly radical, Hearst began to question the school work, but this is a sign of the profound influence. From other disciplines scholars also began using a new and sometimes inspiring perspective on the law. These scholars -- most -- but not all -- the world talent showing itself in the law school.

In the late 1960, volcano eruption like thunder began to break the Law School of peace. The students guide: they flag flutters in civil rights and civil liberties slogan; then the anti war on poverty; then the overall impact of radicalism and mutation of the existing order. The richest and most famous law school is the most deep, but, in the school of law, on the whole, the most intense joined the protest against the trend is the most sensible positive those students. The entire occupation begin to taste the consequences. When the office of economic opportunity to put money to block the law firm, young lawyers eager to call to the minority inhabited areas of work. Wall Street to raise the price to avoid the genius of the pond dried up. The situation (it was) never completely. Legal education in classical, looks like a broken beyond repair car, go swaying, anchoring operation or sometimes?

The law of vast oceans, legal bottomless abyss, along with other aspects of society, seems to be involved in the crisis. Dependence of the pillar to collapse. For example, everyone thinks that criminal justice is rotten to the core. Left that criminal justice is cruel, unjust; right complain on this work too soft hearted. In late 1970, some exaggerated the danger of the welfare state; and this also includes legal aspects. At the same time, each person both of the left and right, and the centrist complain that the legislative explosion (largely, may be a myth), while the society seems to be its own secretion suffocate.

However, by 1970, the student movement reached its climax. In the 1980's, the riots stopped; the country very calm; eager to old standards; term two conservative president (Ronald Regan) easily smile from the White House and the TV screen. In many school of law, Professor complained that students are in the occupation training with complacency. In all the professors, launched a radical movement new; but the student organization (and ignore the lawyers association). For too many laws, public complaints; however, in some ways, too much of the law is the law of its making monster -- in fact, if the law is simply a monster.

Even so, people ask: all this is from what place? What is the legal system of this amazing future? Of course, the legal system of the future -- quite clearly the future. If the law is an organized social control system, regardless of any size complex society has a legal system that, but is this legal system more and more. As long as the state exists, will have the legal system and the society always, and non rational, two edge and stultify oneself way reflect the country's wants and needs. Development will be accompanied with many twists and turns. Legal Reflection on justice -- but also the desire for power, profound inequality fixed social structure. The law must be the mirror of life. The law is the legal representative of the legal order; justice; and intimidation, insecurity and emptiness; regardless of the design, as well as the people and groups fought with each other and cooperation is what results. This point will not have any change. The whole America legal history probably is more or less a whole America of life history. A kind of things in the future also reflects another kind of things in the future. If America system can sustain prosperity efficient satisfactory society, the society should also be legal and justice. But on this system's fate beyond history can give the answer.

 

Notes.

 [1] 's, 80's signs in this aspect is very obvious federal authority.

 Max Walestan: "Max Webb [2] . See Synonyms at compilation of legal economy and society" (1954). [3] "American codification" volume forty-ninth, 449th pages (act of June 5, 1935).

 [4] during the Hoover administration, in 1932 passed the Norris LaGuardia act --. "American codification" volume forty-seventh, seventieth pages (act of March 23, 1932).

 [5] see Harry N said Baer: "Wilson government and civil liberty: 1917 -1921 year" (1960); Stanley Coben: "Mitchell Palmer: politician" (1963).

 [6] "Schenck v. American" carrier "America federal case set" volume 249th, forty-seventh pages, fifty-second pages (1919).

 [7] "USA federal case set" volume 163rd, 537th pages.

 [8] "USA federal case set" volume 238th, 347th pages (1915).

 [9] a detailed -- and frustrating -- case study, see Peter Ian: "wartime judicial: Japanese American camp history" (1983).

 [10] "USA federal case set" volume 334th, first pages (1948), on the general effect of the case and the NAACP in the civil rights movement, see Clement E Vos: "only the Caucasian: the Supreme Court, the NAACP and restrictive contract case" (1959).

 [11] "USA federal case set" volume 347th, 483rd pages.

 [12] Roy Lopur: "progress and slums" (1962) 229th pages, forty-fifth pages.

 [13] Upton Sinclair: "America Outpost: a memoir", 1932, page 154th. [14] James Harvey Jan: "three cases of Southern food and anesthesia case", "Journal of Southern history 1983" volume forty-ninth, third pages.

 [15] "American codification" volume thirty-fourth, 232nd pages (act of July 11, 1906). The law relating to constitutional issues; according to this speculation, the statute law includes many employees, the federal power from the law to expand the scope of. This is also the case in the employer's liability in the maintenance, "America cases" volume 207th, 463rd pages (1908) (A5-4 sentence). In 1908 a new bill passed, in the "America codification" volume thirty-fifth, sixty-fifth pages (act of April 22, 1908), and avoidance of the issue. [16] Ives v. South buffalo railway company, "New York reporter" volume 201st, 271st pages, "the reporter" volume forty-fourth, 431st pages (1911).

 The concept of [17] apportion blame was canceled, but the fault behavior of some serious work requires workers to exercise their rights, compensation.

 [18] "Wisconsin law compilation" (1911) the fiftieth chapter, page forty-sixth - 47.

 [19] "New York reporter" volume 217th, 382nd pages, "the reporter" volume eleventh, 1050th pages (1916).

 [20] Bob Woodward and Scott Armstrong: "the same person: the Supreme Court insider" (1979).

 [21] Laurence M Freedman: "the state Supreme Court: a century" style and citation; "Stanford University Law Review" volume thirty-first, 773rd pages, 790 pages (1981), Michigan is one of 16 states in the study; there is great variation among the states (different meaning rate is actually lower than the West Virginia between 1870 and 1970; in the 60 years to ten years, the West Virginia's high court 98% decision is agreed); but, on the whole, do not agree to the judgment number doubled in a century.

 [22] Jerrod S ohrbach: "not equal justice: Law and social change in modern American" (1976).

 [23] total see, Robert B Stevenson: "Law School: American from 1850's to 1980's legal education" (1983

 [24] Willis was born in 1861, died in 1963 in Dayton, lived to be 101 years old