DOCSLIB.ORG

Plea Bargaining's Triumph

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Article Plea Bargaining's Triumph George Fishert CONTENTS 1. LIQUOR LAWS, MURDER CASES, AND THE PROSECUTOR'S CHARGING POWER ........................................................................... 868 A. Charge Bargaining in Liquor Cases ....................................... 868 B. Charge Bargainingin Murder Cases...................................... 885 II. THE PROSECUTOR'S MOTIVES IN PLEA BARGAINING ...................... 893 A. Why Plea Bargain at All? The Role of Caseload Pressure..... 893 B. Why Plea Bargain in Liquor Cases?....................................... 904 C. Competing Theories ................................................................ 916 1. The Role of Absent Victims and Savvy Defendants........ 916 2. A Culturaland PoliticalApproach ................................ 919 IIl. ON-FILE PLEA BARGAINING AND THE RISE OF PROBATION ............ 936 A. The Prosecutor'sPowers and On-File Plea Bargaining........ 943 1. The Power To Protect Defendantsfrom Judicial Severity........................................................................... 943 ' Professor, Stanford Law School. Many people have helped me get hold of the records and documents that support this study. I would like to thank in particular Bill Milhomme, Michael Comeau, Janis Duffy, and the reference staff of the Massachusetts Archives; Mike Haire and John Reardon of the records management team at the Massachusetts Trial Court: Andrew Gurthet and Dave Bridgman of the Stanford Law School Library; and many and able research assistants- Blake Hurst, Tami Swiger, Alexis Hailer, Dan Levin. Josh Greenberg. and Tyler Fuller in California, and Phil Coppinger in Boston. For their guidance and insights, I would like to thank Al Alschuler, Dick CraswelL Ted Ferdinand, Lawrence Friedman, Tom Green, Tom Grey, Don Herzog, Adam Hirsch, Marc Miller, Chet Mirsky, Bill Simon, Avi Soifer, Mary Vogel. Lloyd Weinreb, and Bob Weisberg. Craig Estes gave me indispensable help managing the case database. And Maritza Okata, James Sing, David Lam, and the staff of The Yale Law Journal have edited with insight and precision. The Yale Law Journal [Vol. 109: 857 2. The Prosecutor'sPower To ProtectHimselffrom JudicialLeniency ........................................................... 951 B. Probation'sBase-Born Status ................................................. 957 IV. THE DEFENDANT'S POWER To PLEAD ............................................. 965 A. The Power of Representation.................................................. 966 B. The Impact of Defendant-Testimony Laws .............................. 977 V. JUDGES AND THE POWER To SENTENCE .......................................... 984 A. Incentives: The Judges' CaseloadPressure ........................... 989 B. Principles:The Effects of Probationand Parole.................. 1001 C. Pride: The Plea-WithdrawalRule ......................................... 1007 VI. EXPLAINING PLEA BARGAINING'S PROGRESS ELSEWHERE ........... 1016 A. Plea Bargaining'sAbsence in Earlier Times ........................ 1017 B. Plea Bargaining'sRise Elsewhere in America ..................... 1024 1. California..................................................................... 1025 2. New York ...................................................................... 103 1 VII. THE POWER OF PLEA BARGAINING ................................................ 1038 A. The Sources of Plea Bargaining'sPower ............................. 1038 B. The Consequences of Plea Bargaining'sPower ................... 1044 1. The Indeterminate Sentence .................................... 1044 2. Public Defenders .......................................................... 1057 C. Principlesof ProceduralChange ......................................... 1063 VIII. THE BALANCE OF POWER To PLEA BARGAIN ............................... 1067 APPENDIX A: A NOTE ON THE CASES .................................................... 1076 A. The Records and Where To Find Them ................................ 1076 B. Counting Cases and StatisticalProtocols ............................. 1080 APPENDIX B: FERDINAND'S CATEGORY OF" VICE OR REGULATORY O FFENSES"..................................................................................... 1084 2000] Plea Bargaining's Triumph There is no glory in plea bargaining. In place of a noble clash for truth, plea bargaining gives us a skulking truce. Opposing lawyers shrink from battle, and the jury's empty box signals the system's disappointment. But though its victory merits no fanfare, plea bargaining has triumphed. Bloodlessly and clandestinely, it has swept across the penal landscape and driven our vanquished jury into small pockets of resistance. Plea bargaining may be, as some chroniclers claim, the invading barbarian. But it has won all the same. The battle has been lost for some time. It was lost at least by the time prominent observers of the 1920s first lamented our "vanishing jury," and in some places it was lost decades before then. In the years since the jury succumbed in a war few knew it was waging, advancing waves of who-lost- the-jury scholarship have tried to retrace the path of defeat. Much of this work has charged that the ever-weightier burden of modem jury trials overbore the system, which surrendered to the plea bargain's efficiency to avert collapse. Another, newer collection of studies looks beyond the courtroom to spy out broader social forces that aided plea bargaining's cause. But in the breadth of its scope, this work overlooks the first principle of conflict: that victory goes to the powerful. And so while we can find many worthy accounts of why the jury fell, we must ask as well why plea bargaining triumphed. Like most of history's victors, plea bargaining won in great part because it served the interests of the powerful. In the battlefield of the criminal courts, the kind of power that mattered most was the authority to dictate sentences, which judges held in great measure and prosecutors in a compromised but still substantial way. To track the course of plea bargaining's rise, we must discover how prosecutors, who had an almost inherent interest in plea bargaining, secured the power to make it happen, and why judges, who inherently had the power to make it happen, began to see it as in their interest. In this account of plea bargaining's rise, legislators will play a large role, for their power to allocate sentencing authority between prosecutor and judge tilted the terms of battle. And criminal defendants, who held a nominally absolute power to plead or not to plead but who often found themselves hopelessly undefended, must play a real if complicated part. This is not, then, a "social history" of plea bargaining's rise, if by that we mean a story that highlights the play of social forces and minimizes the role of human actors. Although recent scholars have put forth appealing accounts of the electoral pressure of new immigrants or the analogical force of new industry in the creation of "assembly-line justice," these theories either stand without evidence or fall beside the point. Plea bargaining's triumph was manifestly the work of those courtroom actors who stood to gain from it. To the extent that external actors, especially legislators, played The Yale Law Journal [Vol. 109: 857 a conscious role in the struggle, they mainly took sides with the ultimately defeated jury trial. And to the extent that broader social forces, such as immigration and industrialization, influenced the outcome of the conflict, they did so by increasing the criminal caseload on the one hand and the civil caseload on the other, thereby altering the interests and options of prosecutors and judges. And yet in one striking way, the story of plea bargaining's rise is bigger than the actors who made it happen. Plea bargaining, once it took hold, possessed a power of its own. That power derived ultimately from the individual power of those whose interests plea bargaining served, but in its collective form that power made plea bargaining a dominant force in the evolution of modern American criminal procedure. Sometimes, plea bargaining's influence appears on the face of the historical record. This is most true in the case of probation, one of the most enduring nineteenth- century contributions to our penal mechanisms. I will argue that the birth of probation was in some part, and perhaps in large part, the work of prosecutors who sought a new way to expand their power to bargain for pleas. Once in place, probation grew in symbiosis with plea bargaining and became in time one of the most useful tools of lawyers cutting deals. Plea bargaining's role in shaping other procedural institutions appears more subtly in the historical record. But the unmistakable correlation between those procedural changes that have survived and thrived and those that aided plea bargaining's cause compels a conclusion that plea bargaining has so fast a grip on our institutions of justice that antagonistic institutions cannot survive. The demise of the indeterminate sentence, one of the most promising of the late nineteenth century's progressive brainchildren, bears the mark of plea bargaining's malice. A true indeterminate sentence, in which only prison officials and parole boards could set the length of criminal sentences, would have stripped both judges and prosecutors of the power to bargain over the length of terms and would have hobbled the plea-bargaining regime. But though widely promoted, true indeterminate sentences never emerged, and even
Recommended publications
  • The Proceedings of the Cambridge Historical Society, Volume 11, 1916

    The Proceedings of the Cambridge Historical Society, Volume 11, 1916

    The Proceedings of the Cambridge Historical Society, Volume 11, 1916 Table of Contents OFFICERS AND COMMITTEES .......................................................................................5 PROCEEDINGS OF THE THIRTY-SEVENTH TO THIRTY-NINTH MEETINGS .............................................................................................7 PAPERS EXTRACTS FROM LETTERS OF THE REVEREND JOSEPH WILLARD, PRESIDENT OF HARVARD COLLEGE, AND OF SOME OF HIS CHILDREN, 1794-1830 . ..........................................................11 ​ By his Grand-daughter, SUSANNA WILLARD EXCERPTS FROM THE DIARY OF TIMOTHY FULLER, JR., AN UNDERGRADUATE IN HARVARD COLLEGE, 1798- 1801 ..............................................................................................................33 ​ By his Grand-daughter, EDITH DAVENPORT FULLER BIOGRAPHICAL SKETCH OF MRS. RICHARD HENRY DANA ....................................................................................................................53 ​ By MRS. MARY ISABELLA GOZZALDI EARLY CAMBRIDGE DIARIES…....................................................................................57 ​ By MRS. HARRIETTE M. FORBES ANNUAL REPORT OF THE TREASURER ........................................................................84 NECROLOGY ..............................................................................................................86 MEMBERSHIP .............................................................................................................89 OFFICERS OF THE SOCIETY
  • Bits of Harvard History

    Bits of Harvard History

    This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com 1 و هب dan @@ CUBBERLEY LIBRARY JUNKC COLD STANFORD UNIVERSITY LIBRARIES 1 1 BITS OF HARVARD HISTORY LONDON : HUMPHREY MILFORD OXFORD UNIVERSITY PRESS OPENING SCENE OF “ THE REBELLIAD ” ( See page 144 ) BITS OF HARVARD HISTORY BY SAMUEL F. BATCHELDER VERI TAS CAMBRIDGE HARVARD UNIVERSITY PRESS 1924 COPYRIGHT , 1924 BY HARVARD UNIVERSITY PRESS Second Impression PRINTED AT THE HARVARD UNIVERSITY PRESS CAMBRIDGE , MABS . , 0.8 . A. TO THE CLASS OF 1893 “ THE BEST CLASS THAT EVER GRADUATED FROM HARVARD COLLEGE ” Concerning the material here collected , the two military articles first appeared in the “ Harvard Graduates ' Maga zine . ” Of the legal articles , the sketch of Professor Lang dell was written for the “ Green Bag " ; and the history of the Law School has been elaborated from a paper read be fore the Choate Club of the School , and subsequently pub lished in the “ Atlantic Monthly . ” The medical paper , an extract from an extended essay on the medical conditions of 1775 , was read before the Harvard Medical Society and afterwards printed in the “ Harvard Alumni Bulletin . " The architectural paper ( first read before the Harvard Me morial Society ) , and the remaining articles in this volume , likewise appeared in the “ Bulletin . ” Acknowledgments are due the editors of the above publications for courteous permission to reprint . 1 7 CONTENTS I. THE SINGULAR STORY OF HOLDEN CHAPEL 1 II . THE STUDENT IN ARMS OLD STYLE 35 III .
  • Harvard Law School's Promotional Literature, 1829-1848

    Harvard Law School's Promotional Literature, 1829-1848

    HARVARD LAW SCHOOL’S PROMOTIONAL LITERATURE, 1829-1848 A REFLECTION OF THE IDEALS AND REALITIES OF THE STORY-ASHMUN-GREENLEAF ERA Michael von der Linn† OEL PARKER, CHARLES WARREN, and later scholars attribute Harvard Law School’s renaissance in the years spanning 1829 to 1848 to the endowment provided by Nathan Dane, the sup- J port of President Josiah Quincy, and the contributions of Jo- seph Story, John Hooker Ashmun, and Simon Greenleaf.1 These were indeed the primary reasons for the school’s remarkable growth. Another, which has received little attention, was an aggres- sive promotional campaign initiated by Story in the 1830s.2 This † Michael von der Linn is the manager of the Antiquarian Book Department of The Lawbook Exchange, Ltd. 1 The law school’s faculty and staff consisted of two people during this period. Story was the superintendent; Ashmun handled most of the administrative duties. They divided the teaching load fairly evenly. This arrangement continued when Greenleaf joined the faculty after Ashmun’s death in 1833. Asahel Stearns, Story’s predecessor, directed the school from its establishment in 1817 to 1829. He was the sole administrator and primary instructor, but he shared his teaching duties with Isaac Parker, who held a joint appointment with Harvard College. 2 I have found two references. Warren, who provides the quote cited in Footnote 6, devotes a paragraph to this topic. Newmyer, perhaps based on his reading of Warren, mentions it as well. Charles Warren, History of the Harvard Law School 13 GREEN BAG 2D 427 Michael von der Linn was not the first time Harvard issued marketing materials, nor was it the first or only school to use them.3 But the size of Story’s cam- paign was unprecedented.
  • Calculated for the Use of the State Of

    Calculated for the Use of the State Of

    i: m^4- 3n.3M31 H41 A " REGISTER, AND FOR 1835. ALSO CITY OFFICERS IN BOSTON, AND OTHER USEFUL INFORMATION. BOSTON: JAMES LORING, 132 WASHINGTON STREET. — ECLIPSES IN 1835. Tliere will be bvt two Eclipses this year of the Sun, and one of the Monty and a Transit of Mercury, as follows, viz.— I. The first will be of the Sun, May, 27th day, 8h. 48m. evening, invisible. II. The second will be of the Moon, June, 10th day, 6h. Im. eve- ning, invisible. III. The third will be of the Sun, November, 26th day, 5h. 46m. morning, invisible. The Transit of the Planet Mercury, over the Sun's Disk, will take place, November, 7th day, partly visible, as follows, viz. Transit begins Oh. 46m. "^ Mercury wholly entered on the Sun...O 49 / Mo=n *imtx Nearest the Sun's centre 3 21 V^t^n®^®"' Sun's lowest limb sets 4 42 C Transit ends 5 56 j ^ Nearest approach to the Sun's centre, 5m. 34sec. ^fCr The Compiler of the Register has endeavoured to be accurate in all the statements and names which it contains ; but when the difficulties in such a compilation are considered, and the constant changes which are occurring, by new elections, deaths, &c. it is seen at once to be impossible to attain perfect accuracy. He therefore distinctly states, that he declines this responsibleness, and only pre- sents information to the best of his knowledge. 3)7,3 M3 Mil A INDEX. Academy of Music ... 165 Convention of Cong. Min. 123 Agricultural Society ..
  • Washington City, 1800-1830 Cynthia Diane Earman Louisiana State University and Agricultural and Mechanical College

    Washington City, 1800-1830 Cynthia Diane Earman Louisiana State University and Agricultural and Mechanical College

    Louisiana State University LSU Digital Commons LSU Historical Dissertations and Theses Graduate School Fall 11-12-1992 Boardinghouses, Parties and the Creation of a Political Society: Washington City, 1800-1830 Cynthia Diane Earman Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_disstheses Part of the History Commons Recommended Citation Earman, Cynthia Diane, "Boardinghouses, Parties and the Creation of a Political Society: Washington City, 1800-1830" (1992). LSU Historical Dissertations and Theses. 8222. https://digitalcommons.lsu.edu/gradschool_disstheses/8222 This Thesis is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Historical Dissertations and Theses by an authorized administrator of LSU Digital Commons. For more information, please contact [email protected]. BOARDINGHOUSES, PARTIES AND THE CREATION OF A POLITICAL SOCIETY: WASHINGTON CITY, 1800-1830 A Thesis Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Master of Arts in The Department of History by Cynthia Diane Earman A.B., Goucher College, 1989 December 1992 MANUSCRIPT THESES Unpublished theses submitted for the Master's and Doctor's Degrees and deposited in the Louisiana State University Libraries are available for inspection. Use of any thesis is limited by the rights of the author. Bibliographical references may be noted, but passages may not be copied unless the author has given permission. Credit must be given in subsequent written or published work. A library which borrows this thesis for use by its clientele is expected to make sure that the borrower is aware of the above restrictions.

  • Calculated for the Use of the State Of

    317.3M31 H41 AIICHIVM H^*' Digitized by tine Internet Arcliive in 2009 witli funding from University of IVIassacliusetts, Boston littp://www.arcliive.org/details/pocketalmanackfo1823amer : ;; J^>^\iuS^,J^n^^qg^,^T ^s^S^^^^T^i)a,r ^^^^Q^q^ ^^j;:^ ^'^ THE MASSACHUSETTS AND Unit^ed States Calendar For the Year of ouh LORD * 18^ a, aad Forty-seventh of j^msricai/ /NDBPEAfOENCE. coNTAiariwG I Civil, Judicial, Eccl'fsiastical and Military Lisfs in MASSACHUSETTS; Associations, and Corporatk Institutions for literary^ agricultural^ and charitable Purposes. A List 'if Po&T-TowNS n Massachusetts, titith f/ic| Names o^ the Post-Masters. CITY OFFICERS IIS" BOSTON. also, Catalogues of the Officers of the GENERAL GOVERNMENT, With its several Departments and Establishments Times of the Sittings of the several Courts; Governors in each State ; And a Variety of other interesting Articles. BOSTON PUBLISHED BY JAMES LORING, AND RICHARDSON^ 8c LORD. Soldwholesale and retail, at their Book-stores, Comhil ECLIPSES FOR'1823. There will be nolens than six Eclipses this year, four will be of the Suri^ and two of the Moon^ in the follow- ing order, v iz. I. Thefirstwill be of the Sun, January 12(hday,4h.l0m. morning, consequently invisible. Moon's lat. i° 24' N. II. The second will be of the Moon, January 26th day, Oh. 27m. evening, of course invisible. III. The third will be of the Sun» February 10th day, lOh. 21ni. evening-, likewise invisible. IV. The fourth will be of the Sun, July 8lh day, near 2h. morning, also invisible. V. The iiCth will be a total Eclipse of the Moon, begin- ning July 22d, and ending on the 23d, visible, as follows: Beginning, July 22d, 8h.
  • The Harvard Law School

    The Harvard Law School

    THE HARVARD LAW SCHOOL Louis D. Brandeis† HE MUCH-DEBATED QUESTION, whether the law school or the lawyer’s office affords the better opportunity for le- gal training, may well be considered settled. Undoubt- edly each offers advantages which the other does not pos- Tsess. All lawyers concede that a short apprenticeship in the office of a practitioner is valuable; but a thorough knowledge of legal princi- ples is essential to higher professional success, and this knowledge, which under all circumstances is difficult of acquisition, can rarely be attained except as the result of uninterrupted, systematic study, under competent guidance. For such training, the lawyer’s office seldom affords an opportunity. That this is now the prevailing opin- ion among lawyers is shown by the growth of law schools in the United States, and the introduction in England of systematic in- struction in the common law, both at the Universities and at the Inns of Court. It is but a century since the first school for instruction in the common law was founded. The Harvard Law School, the oldest of all existing institutions devoted to such education, is scarcely sev- † This article (with illustrations) first appeared at 1 GREEN BAG 10 (1889). At the time, its author was ten years out of Harvard Law School and practicing law in Boston. He had declined an offer by Professor Langdell to be an assistant professor at the school, but was the secretary of the Harvard Law School Association (whose creation he had spearheaded) and had recently been involved in the founding of the Harvard Law Review.
  • GOVPUB-T-57B1bd03d2e1ea104b5864fea301f09d.Pdf

    GOVPUB-T-57B1bd03d2e1ea104b5864fea301f09d.Pdf

    tran C. &. ! ;T ' g~c, cos , 3' LiHR~& Y RCJ", ', " '~" . i/'r TI'. ~"&.Sj'RY |'Et.ARl i', !""t'1; AX AGGOUXT or T«r; RKGKHPTS XXIII EXPEXMTURKS 'l HE UNITED STA1'KS. FOR THE YEAR ts&6. STATED IN PURSUANCE OF THE STANDING ORDER OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES PASSED ON THE THIRTIETH DAY OF DECEMIIER~ ONE THOUSAND SEVEN HUNDRED AND NINETY-ONE. WASHINGTON: E. BE KRAFFT) PRINTER. 181f. '1N RELATION TO RECEIPTS. STATEMENT of duties arising on merchandise and tonnage A. of internal revenue B. of direct tax C. of revenue arising from the postage of letters D. of moneys received into the Treasury in 1816 Page 9 IN RELATION TO EXPENDITURII'S for the. legislative department O 17 PAYMENTS f) l to the President of the United States for the Department of State 0 26 Treasury Department 30 C1 C1 'War Department 0 Navy Department general postoAice 37 department ofthe mint 38 38 surveying department o commissioner of.the public buildings 38 to the commissioners of loans 39 for the government of the Missouri territory 41 ditto Mississippi do a 42 ditto Indiana do. 43 ditto Illinois do. 44 ditto Michigan - do. 45 judiciary department 46 for pensions, annuities, and grants 57 military pensions 58 mint establishment light house establishment 73 surveys of public lands 78 ascertaining land titles in Louisiana a 80 privateer pension fund 81 accommodation of the President's household 81 purchase of books for Congress 83 trading houses with the indians 82 roads within the state of Ohio roads in the Illinois territory 82 road from Cumberland to the Ohio 83 marine hospital establishment 84 public buildings in Washington 87 bounty to the owners, Rc.
  • The Business Model of Unitarian and Congregational Religious Societies in Northern New England, 1790-1850

    The Business Model of Unitarian and Congregational Religious Societies in Northern New England, 1790-1850

    University of New Hampshire University of New Hampshire Scholars' Repository Doctoral Dissertations Student Scholarship Spring 2021 Pews, Proprietors, and Plutocracy: The Business Model of Unitarian and Congregational Religious Societies in Northern New England, 1790-1850 Amy Beth Smith University of New Hampshire, Durham Follow this and additional works at: https://scholars.unh.edu/dissertation Recommended Citation Smith, Amy Beth, "Pews, Proprietors, and Plutocracy: The Business Model of Unitarian and Congregational Religious Societies in Northern New England, 1790-1850" (2021). Doctoral Dissertations. 2595. https://scholars.unh.edu/dissertation/2595 This Dissertation is brought to you for free and open access by the Student Scholarship at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. Pews, Proprietors, and Plutocracy: The Business Model of Unitarian and Congregational Religious Societies in Northern New England, 1790-1850 BY Amy Beth Smith B.A., Saint Joseph’s College, 1999 M.S. Ed., University of Southern Maine, 2003 M.A., University of New Hampshire, 2015 DISSERTATION Submitted to the University of New Hampshire in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in History May, 2021 All RIGHTS RESERVED © 2021 Amy Beth Smith ii iii This dissertation has been examined and approved in partial fulfillment of the requirements for the degree of Ph.D. in History by: Dissertation Director, Jessica M. Lepler, Associate Professor of History Lucy Salyer, Professor of History Cynthia Van Zandt, Associate Professor of History David Bachrach, Professor of History Michael C.
  • The History of Chelmsford

    The History of Chelmsford

    This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com 3 3433 08190917 ! .THE HISTORY OF J CHELMSFORD, EROM ITS ORIGIKT Iff 1653, TO THK TEAR 1820— TO. GETHER WITH AN HISTORICAL SKETCH OP THE CHURCH, AND BIOGRAPHICAL NOTICES OJE THE FOUR FIRST PASTORS. TO wmcn rs ADDED A MEMOIR OF THE PAWTUCKETT TRIBE OF INDIANS. \ WITH A LARGE APPENDIX. BY VVIl.KES ALLEN, A M. Pastor of the Church and Society in Chelmsforu. Tell ye your Children, and let them tell their Children, and their Children, another generation. Prophet Jeel.. " Majorum gloria posteris lumen est ;" — Sal. HAVERHILL .. S - PRINTED BY P. N. GREEN. 1830.- Chelmsfard, Jan. 12, 1820. REV. SIR, THE Subscriber being appointed Agent for the town of Chelmsford, to carry into effect a vote, passed May 6, 1819, "to pro cure the printing of 400 copies of the History of Chelmsford," which they Understand you have lately composed, requests you to accept his cor dial thanks on their behalf, for the unwearied attention and labor you have bestowed upon the collection of their history, and to favor him with a copy of the same for the press. With due respect, yours &c. CYRUS BALDWIN. Rev. W1LKES ALLEN. Chelmsford, Jan. 20, 1820. DEAR SIR, THE attention of the town to its History, and the in terest they have expressed in its preservation and transmission to pos terity, are no less honorable to them, than grateful to the subscriber — As a testimony of bis respect for them and an expression of his regard for their posterity, he commits the History written for them, to their agent for publication agreeably to his request.
  • American Legal Education: Where Did We Come From? Where Are We Going? by Daniel R

    American Legal Education: Where Did We Come From? Where Are We Going? by Daniel R

    AMERICAN LEGAL EDUCATION: WHERE DID WE COME FROM? WHERE ARE WE GOING? by Daniel R. Coquillette Editor’s Note: This is the keynote address made by Professor Daniel R. Coquillette on the morning of April 19, 2013, at the NCBE Annual Bar Admissions Conference held in Boston, Massachusetts. Professor Coquillette arrived at the Boston Marriott Copley Place conference site at 7:00 that morning only after navigating two police checkpoints and traveling through deserted streets, in the face of a citywide lockdown, as police searched for the second suspect in the Boston Marathon bombings. He began his speech by acknowledging the audience’s support in the wake of the bombings. elcome! And thank you for coming My topic is to address the historic roots of to Boston. Your support means a American legal education, many of which are also lot to us these days. Today is the here in Boston, particularly in what we call the real Patriots’ Day, April 19th, the People’s Republic of Cambridge, and to reflect on Wanniversary of the battles at Lexington and Concord. where we are headed now. Most of you have prob- I was going to start by making a few cute jokes about ably heard of the current “crisis” in American legal Patriots’ Day, like how it is the day all New England- education. I recently made the mistake of ordering ers give thanks for Tom Brady and Bill Belichick, but Brian Tamanaha’s blockbuster book, Failing Law Patriots’ Day has this week taken on a new, and grim, Schools, from Amazon.com.
  • Maine State Legislature

    Maine State Legislature

    MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) RESOLVES OF THE GENERAL COURT OF THE PASSED AT 'l~HEIR SESSION YlIHICH COI'tfMENCED ON WEDNESDAY, THE 28th DAY OF MAY~ A1':I.D ENDED ON THE 18th OF JUNE., 1.817. Published agreeably to Il Resolve of 16th JUnt\alj', 181.g, "e BOSTON: PRINTED BY RUSSELL) CUTLER & CO. FOR BENJ1~~nN RUSSEI.I,IJ PltlNTER 'I'D TilE STA'l.'E. " ••• 'O"' ... D •• Io •••• 0.0.t1 CIVIL G-OVEllNl\{ENT OF THE COMMONWEALTH OF MASSACHUSETrSj FOR THE POLITICAL YEAR 1817 .... 18. HIS EXCELLENCY JOlIN BROOl(S, Esq. G(YVe1~nOl~. HIS HONOR WILLIAM PHILLIPS, Esq. Lieutenant Gove1'noro COUNCIL. Hbll. DAVID COBB, , IHon. JOSIAH STEBBINS, PRENTISS MELLEN, JOHN C. "VILLIAMS, SAMUEL FALES, TIMOTHY PICKERING, NAHUM MITCHELL, f PETER C. BROOKS. JOSEPH ALLEN, ALDEN BRADFORD, Esq. Secreta?'Y ~fthe C'ommomuealtlz. Hon. DANIEL SARGENT, Treasure!' and Receivel'-General of the Com11lon1l,Jealth~ SENATE. Hon. JOHN PHILLIPS, Esq. President. Suffolko-'"'-Hon. John Phillips, Josiah Quincy, Thomas' B. Pe.rkins, John Welles, Jonathan Hunewell, Richal'd Sllllivan. Essex.-Hon. Israel. Bartlett, Dudley L. Pickman, N e .. hemiah Cleaveland, William B. Bannister, Leverett 8al= tonstalL .M.iddlesex.-Hon. Joseph. B. Varnum, Samuel Dana, John .Hart. fflo'l'c este '1· ...-11 on. Oliver CrosbY!i Thomas H. Blood, Daniel Waldo, James Humphreys. Hampshire, Hampden and Jt1rankUn.-·Hou.