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The Hurst Collection

Series I: Topical Outlines & Notes

Material in this series includes outlines of ideas, speeches, and papers developed by Hurst throughout his career.  Hurst’s thoughts are written on a variety of material ranging from note cards to envelopes to typed pages.  Topics range from a discussion of Brown v. Board of Education’s impact on society to a discussion of secrecy within the executive branch in the aftermath of Watergate.  The content is organized topically.

Displaying Records: 1 to 311 of 311 Results

Title: Workmen's Compensation Considered as A Creative Use of the Legal Process

Summary: Paper covering the development of Workmen's Compensation since the early twentieth century through an investigation of the changing economy, social and legislative elements, and Wisconsin's Workmen's Compensation.

Document Type: 24 pages with an attached memorandum from the School of Commerce indicating Dean Gaumnitz edited the piece in October of 1961

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Title: Workmen's Compensation Considered as a Creative Use of the Legal Process

Summary: Rough draft of previous series entry edited by Dean Gaumnitz. (Item #2)

Document Type: 15 pages with an attached correspondence from Hurst to Gaumnitx on October 3, 1961 explaining current stage of draft

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Title: Doherty v. Ayer

Summary: A brief review of Doherty v. Ayer that examines the application of a Massachusetts roadway statute from 1786 to contemporary modes of transportation and roadway conditions.

Document Type: 1 page with some handwritten notes, November, 1961

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Title: School Segregation Cases

Summary: Outline covering the basic decisions made in Brown v. Board of Education, the responses and struggles for power that followed, and the relevance of human values within the debates surrounding the constitutionality of the topic.

Document Type: 3 pages, Rockford Rotary, February 2, 1956

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Title: No Title

Summary: Five pages of handwritten notes that seem to be covering (?)

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Title: Re: "Threats to Freedom"

Summary: Hurst's response to the various resolutions that were written by The Council for Social Action of the Congregational Christian Churches. His primary subject matter focuses on security, constitutionality, and the preservation of freedom.

Document Type: 2 pages

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Title: No Title

Summary: The draft resolutions that were produced by the Council for Social Action. They address issues of freedom, totalarism, constitutional practices, racial issues, and international affairs within the context of Christian faith and freedom.

Document Type: March 1, 1956

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Title: Bias in U.S. Makes Headlines in Asia

Summary: Newspaper clipping that appeared in the New York Times reporting on the astonishment and concern individuals in Southeast Asia had regarding the racial tensions within the American South.

Document Type: April 29, 1956

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Title: School Segregation Cases

Summary: Identical outline to previous entry.

Document Type: Rockford Rotary, February 2, 1956

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Title: The United States Supreme Court School Segregation Cases: July 4, 1954

Summary: Outline covering the presence of value judgments, the role of the Supreme Court, and the relationship between the law and historical precedents in Brown v. Board of Education

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Title: Brown v. Board of Education of Topeka, Shawnee County, Kan, et al

Summary: The opinion delivered by Chief Justice Warren on Brown v. Board of Education. The text contains several handwritten notations that were made by Hurst correspond with specific sections of the next outline in the series.

Document Type: 4 pages

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Title: The Desegregation Cases: Implementation (October, 1955)

Summary: Outline covering the aftermath of Brown v. Board of Education in terms of enforcement limitations, the shortcomings of law in social and institutional settings, and other potential threats to the decision's overall effectiveness.

Document Type: 4 pages

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Title: No Title

Summary: Outline addressing the question: Do lawmen have something to give to the college? It covers the purpose of training lawyers, the benefits of an education that encompasses liberal arts and law, and the changes that need to be made within the current educational system in order to enhance its academic credibility.

Document Type: 2 pages

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Title: Social Science on the Lawyer's Bookshelf

Summary: The synopsis of a lecture that Hurst would give at a spring program regarding the increasing importance of researching social sciences in conjunction with other fields of study.

Document Type: 5 Pages, attached is a listing of the books Hurst planned to cite during the lecture

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Title: The Desegregation Cases: Implementation (October, 1955)

Summary: Identical in content to previous series entry. (Item #13)

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Title: Why History?

Summary: Brief outline explaining history's ability to enhance the value of a topic by adding a new dimension of illumination and explanation.

Document Type: 1 handwritten note card

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Title: No Title

Summary: Excerpts of speeches from Franklin, Brandeis, and an individual at the 86th Convocation at University of New York in 1952 relating to various aspects of civil liberties.

Document Type: 1 page

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Title: The Relation of Law and Freedom

Summary: Outline defining the historical origins of law and freedom, the spaces they occupy within an American value system, and the risks and privileges facilitated through freedom.

Document Type: 1 page, Freshman Forum Lecture, September 28

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Title: Civil Liberty-For Solid Citizens

Summary: Paper enumerating the freedoms the Bill of Rights grants to citizens and whom they ultimately protect. Hurst expounds upon this question by intertwining history and everyday experiences to define civil liberties within the realm of private property, social, economic, and political arenas.

Document Type: 15 pages

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Title: No Title

Summary: Last page of a paper addressing the dangers that free discussion create, and the presence of impartial judgment and equality within society.

Document Type: 1 page with two copies identical in content

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Title: Curbing the United States Supreme Court

Summary: Outline covering proposals that had recently been introduced to alter provisions regarding acts of congress, and jurisdiction of the Supreme Court. Hurst investigates the constitutionality of these measures.

Document Type: 2 pages

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Title: No Title

Summary: Paper in an outline format that investigates various elements of decreasing student standards, faculty research limitations, and the lack of communication between faculty and community leaders.

Document Type: 2 pages

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Title: No Title

Summary: Outline defining the basic precepts of learning, the purpose of organized education, and the importance of viewing both individuality and education within a social context.

Document Type: 2 pages including two lengthy quotes from Justice Holmes's collected Legal Papers

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Title: Current Civil Liberties Issues

Summary: Outline covering the meaning of civil liberties, the value they hold within American society, and the controversies surrounding the subversion of members of the American Communist Party.

Document Type: 1 page, Lecture is conducted jointly with Hurst and fellow colleague

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Title: Harvard Seminar: 1956

Summary: Outline covering the social functions of law, and its role within institutions. It also investigates the changes in law through an examination of private property and corporate growth.

Document Type: 8 pages

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Title: Social Cost Accounting, Distinguish Social Returns: Holmes

Summary: Outline identifying the unforeseen consequences of America's economic system, and the social and monetary costs that are necessary to maintain it.

Document Type: 1 note card

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Title: No Title

Summary: A series of United States Supreme Court cases and the delivered opinions that primarily relate to corporations and other topics regarding societal advancement.

Document Type: 38 pages (pages 1-2 are missing)

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Title: No Title

Summary: Outline depicting the climate that surrounded civil rights legislation after 1930's-1940's, and the obstacles that existed in handling the cases.

Document Type: 2 pages

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Title: What is the Bill of Rights?

Summary: Outline that details the legal placement and application of the Bill of Rights and the societal values and beliefs that support it.

Document Type: 2 pages

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Title: No Title

Summary: Brief outline covering the law and its interaction with societal ideas and changes, economic values, and the concept of rationalization.

Document Type: 1 page

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Title: No Title

Summary: Outline addressing the constitutionality of the legal hearing committees, and the protections that are offered through statutory immunity and self-incrimination laws. Through the examination of United States and English history, and an extensive quote by Thomas Jefferson, Hurst examines how these issues affect the balance of official and individual power.

Document Type: 3 pages

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Title: No Title

Summary: The cases of Perts v. Hobby, 349 U.S. 331 (1955), and Cole v. Young, 351 U.S. 536 (1956) are used to examine constitutionality within the framework of government's entitlement to loyalty, the role of courts in the separation of power, and the need to protect individual constitutional rights.

Document Type: 2 copies with identical content, 8 pages

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Title: No Title

Summary: The concluding page of the previous series outline addressing self-incrimination and immunity laws. This specific section weighs the benefits of free informational access against the limitations self-protection laws.

Document Type: 1 page

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Title: Civil Liberties with Special Reference to Freedom of Press: September, 1955

Summary: Outline that addresses the difficulty of protecting individuality within an ever changing society. Freedom of the press is used as example to expound upon this dilemma through an examination of its constitutionality, it infringement on freedoms, and the regulations that govern it.

Document Type: 2 copies identical in content, 8 pages

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Title: Freshmen Forum Talk: Law and Politics: Form and Substance (September 25)

Summary: Outline that investigates the relationship between law and politics, the presence of each element within society, and the areas in which these respective roles diverge.

Document Type: 1 page

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Title: Wisconsin Center Building: "Law and Society" April 11, 1958

Summary: Outline covering the university's ability to complement the law system when the law school has the necessary resources to keep up with contemporary changes and varying modes of research.

Document Type: A brief note to Hurst dated April 18, 1958 is attached which summarizes the main points of the speech and offers a word of encouragement, 2 pages

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Title: Curbing the United States Supreme Court

Summary: Identical in content to previous serious entry. (Item #22)

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Title: Part of a University: (Subsidy) Meaning?

Summary: A series of ideas addressing the paradoxes of western life, the university as a part of this system, and law review within the university.

Document Type: 1 note card

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Title: No Title

Summary: Outline focusing on the need to be aware nineteenth century history regarding awareness, control, and privatization due to the demands the twentieth century places on the individual to possess self-knowledge.

Document Type: 3 note cards

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Title: Individuality and the Law

Summary: This paper investigates the impact that law has had upon the interaction of the individual and society, and the lack of emphasis that is placed upon understanding this process. It focuses on viewing constitutionality through a historical lens in order to understand the way in which legal tradition has affected values of individuality within the context of awareness, control over life, and privacy.

Document Type: 44 pages

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Title: Potential Contribution of Legal History to Study of the Growth of the United States

Summary: In this paper Hurst addresses the limited images the public uses to define law and the importance of recognizing legal contributions to social events. He links this process with its philosophical rewards, and the broadening of individual potential.

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Title: "Foundations of Freedom:" The American Legal System (October, 1959)

Summary: Outline that identifies law as a support mechanism for the values of liberty, and details the role the electorate plays in also ensuring these principals. It explores the limitations that are placed on individuality in order to offer this security to the larger body politic.

Document Type: 3 pages

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Title: State Law and Economic Growth in the Nineteenth Century

Summary: Outline examining the importance of social life in the twentieth century, it's creation within the context of state economic laws, and the immense imbalances that have resulted as corporations exploit various market opportunities.

Document Type: 2 pages

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Title: 200 Years of Lawyers

Summary: Outline examining the role of a lawyer, and the increased specialization and formalized training the profession experienced in the 1870's. A professional education, an emphasis on service functions, and self-discipline are identified as traits that became areas of contention as the lawyer interacted with society.

Document Type: 2 pages

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Title: No Title

Summary: Outline examining the power, constitutionalism, form, and resource allocating functions of legal order, and its formation around the concept of human nature.

Document Type: 2 pages with 2 copies identical in content

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Title: No Title

Summary: Correspondence to Hurst in which the usage of words in their historical and literal meanings is critiqued in relation to a specific text Hurst had written.

Document Type: 1 page front and back, handwritten

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Title: Three Appraisals of Legal History Work in Relation to Social Function

Summary: Outline critiquing the lack of emphasis placed upon ideas and values within the study of legal history, and the need to integrate this research with the values and pragmatism that exist within society.

Document Type: 2 note cards

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Title: No Title

Summary: Outline investigating the link between the constitution, business and professional men, the relationship of civil rights and the individual and society, the challenges violence poses to legal order, and the historical myth that pairs civil rights and property rights.

Document Type: 5 half sheets of paper in non-sequential order

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Title: Memorandum from Hurst on January 23, 1963: Regarding Pending Proposals to Amend the United States Constitution

Summary: Hurst objects to the joint Resolution 9, A and 11, S for a "Court of Union," Joint resolution 12, S on apportionment issues, and Joint Resolution 13, S for amendments on state action alone. In all three, Hurst objects to the lack of balance between national, local, and private interests, organizational limitations, and the infringement upon basic constitutional precepts.

Document Type: 6 pages

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Title: No Title

Summary: Paper in which Hurst extols the value of learning by abstraction: looking at political, economic, and social elements to encompass all dimensions of human activity. This concept is linked with the behavioral side of law to examine changes in family, job, livelihood, class system, law and government, education, and the church.

Document Type: 26 pages

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Title: No Title

Summary: Plethora of handwritten notes that were extracted from an envelope labeled A-T Bibliography. The first section contains 11 pages of notes with one typed section regarding cases that relate to Federal Anti-Trust Laws: Trade and Regulation. The next section constitutes 26 half sheets of paper with the following typed headings: 1. Social-Function-in fact 2. Comparative Roles of Major Agencies (Ideas, Sinews) 3. Comparative Roles of Major Agencies (2) 4. Comparative Roles of Major Agencies (3) 5. Comparative Roles of Major Agencies (4) 6. Comparative Roles of Major Agencies: Judicial Doctrine 7. Law as Mediator, or Independent Force 8. The Economic Scene, 1890 Compared to 1940: esp. concentration, practices 9. Sanctions: Admin: FTC History 10. Sanctions: Executive: General Executive Policy re enforcement Technique 11. Sanctions: Executive: General Executive Policy: 2 12. Sanctions: Executive: General Executive Policy: 3 13. Sanctions: Executive/Courts: Consent Decree 14. Sanctions: Courts: Criminal 15. Sanctions: Courts: Civil: Public: Suits (contested) 16. Sanctions: Courts: Civil: Private Suits 17. Ideas: Diagnosis of Sources of Trouble 18. Ideas: Diagnosis: 2 19. Ideas: Objectives: Evidences of Confusion 20. Ideas: Objectives: Evidences of Confusion: 2 21. Ideas: Objectives: Evidences of Confusion: 3 22. Ideas: Objectives: Evidences of Confusion: 4 23. Ideas: Objectives 24. Ideas: Objectives: 2 25. Recommendations for Legislation

Document Type: This grouping concludes with another 16 pages of notations

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Title: Hurst: Brandeis

Summary: Paper exploring the various belief systems and personal attributes of Justice Brandeis. Hurst frames him within the description of a man who strongly believed in the strength of facts, dignity of government, the application of federalism to ensure decentralization, and the dignity of human life.

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Title: No Title

Summary: Outline covering the legislative nature of parliament and facts surrounding sources of power, purpose of legislative inquiry, and legislative procedure.

Document Type: 1 note card

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Title: House Spy Hunter Bar Photos, Radio

Summary: Newspaper article that discloses the Committee on Un-American Activities' decision to exclude radio recorders, newspaper, television, and photographs from hearings.

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Title: 81st Congressional Session that Covers Proposals Regarding Procedural Elements of Investigating Committees.

Summary: Three booklets that detail a bill by Mr. McCormack regarding reform procedures of Congressional Committees, a bill to amend Legislative Reorganization Act of 1946, and a bill submitted by Mr. Buchanan regarding procedures of Congressional Investigating Committees and the protection of those they interrogate. It also contains a joint statement by Congressman Karl E. Mundt and Richard M. Nixon on the proposed code of committee procedures, and Hurst's summary, which cites commonalties in all of the three proposals and their main deficiencies

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Title: Who is the "Great Judge?"

Summary: Paper exploring the deficiencies in current judicial biographers, and the ways in which the focus on appellate judges could be made more valuable through a depiction of judges as educational symbols, planners of policies, and administrators of the judicial system.

Document Type: 8 pages

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Title: No Title

Summary: Handwritten notes regarding appellate on the back of a correspondence to Hurst from Little, Brown and Company, Law Book Department.

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Title: No Title

Summary: Outline covering the key points of Hurst's previous paper regarding important qualities of appellate judges.

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Title: No Title

Summary: Outline focusing on the role of facts in legislation, and examines the purposes of inquiry, the stance of non-involvement adopted by courts, and areas in which controls do not govern the process of inquiry.

Document Type: 1 half-sheet of paper

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Title: No Title

Summary: Correspondence to Professor Kenneth J. Arnold on March 1, 1948 regarding the subject "Who is a loyal American?" and suggestions for a class discussion.

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Title: The Profession of Law: February 17, 1886

Summary: A concluding point regarding the self-enriching experience and the importance of studying all facets of law.

Document Type: 1 page

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Title: "The Law and You"

Summary: A series in a weekly public service program sponsored by the Dane County Bar Association and UW-Madison. In this particular segment, Hurst is paired against a skeptic who continually questions the worth of lawyers within society. Hurst covers the myths that surround trial lawyers, advancements in commerce and industry, and the increase in out-of-court legal work as lawyers pave the way towards increased social inventions.

Document Type: 14 pages

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Title: "Law and You"

Summary: This series picks off from the previous program on law and society as Hurst answers questions regarding the changes in the law profession, advice outside of the technical range of law, and the need for increased standards in legal education and admission.

Document Type: 14 pages

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Title: The Relation of Law and Freedom: Outline for Freshman Forum Lecture: September 28th

Summary: Outline that examines the compatible nature of law and society, the closeness of law to value systems, the protection of individual freedom, and the risks involved in this system.

Document Type: 1 page

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Title: Cooley Lectures

Summary: Hurst creates four separate stories to answer specific questions relating to basic questions that legal history raises, the direction legal history is headed in, the exaggerated nature and conflicts within this movement, and the defining characteristics of legal order.

Document Type: 7 pages

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Title: Brown v. Board of Education

Summary: Test examining the attacks that met the Brown decision, and the battles that it prompted between state legislatures and federal court systems.

Document Type: Includes a quote from Senator Eastland of New York in 1957, 4 pages

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Title: No Title

Summary: Outline investigating the court that gave the Brown decision, controversies surrounding the Supreme Court's decision, the tenth amendment, and a prediction regarding the effects of the case.

Document Type: 2 note cards with some handwritten notes

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Title: Perspectives on Legal History, Second Half of Twentieth Century

Summary: Outline that identifies the meaning of law to society, the demands made upon law in the latter half of the twentieth century, regulating systems, resource allocation, and predictions regarding the future functions and organizations of law.

Document Type: 2 pages

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Title: State Law and Economic Growth in the Late Nineteenth Century

Summary: Duplicate to previous entry. (Item # 44)

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Title: Social Cost Accounting: (October, 1954)

Summary: Outline that examines the discrepancy between market values, the trends of big industry, finance, and property, and the interdependence of these elements after 1870.

Document Type: 1 page

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Title: No Title

Summary: Outline investigating the historical memory of Abraham Lincoln as "Honest Abe," "the lawyer," "the frontiersman," and how the truth about the "great emancipator" complicates these viewpoints.

Document Type: 1 page with a condensed outline version

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Title: No Title

Summary: Outline identifying the various elements that collectively form a policy, and their effect upon economic and social functions.

Document Type: 1 note card

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Title: Two Law Professors to Give Series Talks

Summary: Article covering a lecture Hurst was to give on the relationship between the bar and the court at Stanford. It also contains some brief biographical information.

Document Type: New York Times: July 22, 1950

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Title: Supreme Court Stands Changing on Major Economic, Social Issues

Summary: Article covering the speech that Hurst gave at Stanford as he is quoted on comments regarding property, historical perspectives, and current civil liberties.

Document Type: New York Times: July 26, 1955

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Title: Church and State

Summary: Outline that investigates the separation of church and state within the educational system by focusing on sources of tension, existing attempts to separate, and the issue of federal funding.

Document Type: 1 page

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Title: No Title

Summary: Outline concerning the role of law and social factors in the study of social sciences.

Document Type: 3 pages (Pp. 6-8)

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Title: No Title

Summary: Outline examining the separate cases of Evans v. Gore and Marbury v. Madison.

Document Type: 1 page

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Title: No Title

Summary: Outline for a speech detailing the various centers of power in Anglo-Saxon societies, and the role law plays in determining these trends.

Document Type: 8 pages

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Title: Garrison State

Summary: Outline dealing with the legal aspect of civilian and military relationships.

Document Type: 1 note card

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Title: No Title

Summary: Correspondence from Thomas A. Keegan to Hurst covering the issue of worker's rights.

Document Type: Only two pages of the letter are intact and the backside contains some handwritten notes.

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Title: What is the Court?

Summary: Outline covering the functional operations of the court in terms of decision-making, policy-formation, conflict, and its overall symbolic value.

Document Type: 1 page

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Title: No Title

Summary: Rough draft of a paper written by Hurst concerning the changing nature of the legal profession from the nineteenth to the twentieth century. An emphasis is placed upon the increased schooling and flexibility the law profession experienced after 1870.

Document Type: 11 pages with attached handwritten notes

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Title: No Title

Summary: Program for the 1961 Midwinter Meeting and Institute on Trial Problems and Techniques that was held at the Schroeder Hotel in Milwaukee for the State Bar of Wisconsin.

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Title: Development in Law and re Real Property (Radcliff Class, October, 1961)

Summary: Notes outlining past legal legacies of land use and connection with twentieth century legal operations.

Document Type: 2 pages

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Title: No Title

Summary: Short synopsis of Hurst's assessment of Worker's Compensation. He defines it as an act that was helpful at its inception but lacking in the creativeness necessary to adapt within the context of a changing society.

Document Type: 1 page

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Title: No Title

Summary: Correspondence from Thomas A. Jacobson, Milwaukee Attorney, to Hurst concerning garnishment before judgment laws.

Document Type: 1 page

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Title: No Title

Summary: A booklet that outlines the unconstitutional aspects of the Garnishment Before Judgment Laws (accompanied previous letter from Jacobson). This book was produced by the Wisconsin Supreme Court in August of 1967, and was labeled as series no. 64.

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Title: No Title

Summary: Handwritten outline concerning the hierarchy of values, the university law school, public responses, legal processes, and benefits to the individual.

Document Type: 1 page

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Title: Workmen's Compensation

Summary: Outline addressing Workmen's Compensation as it reflects both the flexibilities and complacency of society.

Document Type: 3 pages typed with additional note cards

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Title: Workmen's Compensation Considered as A Creative Use of the Legal Process

Summary: Paper dealing primarily with Workmen's Compensation, its ability to operate within the twentieth century society, and the need to continually reassess its utility.

Document Type: 16 pages

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Title: General Situation of Research

Summary: Outline concerning individual and public interest in research and examples within the larger context of law.

Document Type: 1 page

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Title: No Title

Summary: A series of correspondences between Hurst and Professor Martin Ridge of Indiana University in 1968. Ridge asks Hurst to Review Everyman's Constitution, which focuses on the study of American Legal History.

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Title: No Title

Summary: Hurst's critique of Everyman's Constitution in light of its contribution to legal history.

Document Type: 12 pages

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Title: No Title

Summary: Correspondence to Hurst from Raoul Berger announcing Berger's retirement and his acknowledgement of the Hurst's impact upon his work.

Document Type: 1 page, November 20, 1997

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Title: United States Supreme Court School Segregation Cases: July 4, 1954

Summary: Outline covering issues of school segregation through an examination of value judgments and the workings of law.

Document Type: July 4, 1954

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Title: Some Historical Perspectives on Anti-Trust Policy and Practice

Summary: Notes for a speech delivered to an Anti-Trust Seminar examining the history of institutions within the larger context of society and the relation to anti-trust legislation.

Document Type: 7 pages

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Title: Changing Views of the Man in the Street About Law and Lawyers

Summary: Paper focusing on the changing role of the courts and lawyers due to changing societal attitudes and transitions.

Document Type: 14 pages

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Title: No Title

Summary: Outline covering the profession of law and main currents of social change from 1790-1952, and the historical factors that contributed to these transitions.

Document Type: 8 pages with some handwritten notes on back. The last two pages are duplicates but contain additional handwritten notes

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Title: No Title

Summary: Outline delineating the relation between law and society beginning in 1870 with a strong focus on institutions and the shift in societal attitudes.

Document Type: 2 pages

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Title: Developments in the Law re Real Property (Ratcliff Class, October, 1961)

Summary: Outline covering property laws through the historical lens of changing societal policies and attitudes.

Document Type: 2 pages

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Title: No Title

Summary: Short outline concerning law as an institution, its relation to other areas of society, and the involvement of value judgments.

Document Type: 1 path

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Title: Nature of Decision

Summary: Outline concerning factors that contribute to lawmaking.

Document Type: 1 note card

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Title: No Title

Summary: Outline covering political parties and the various rifts between them. A focus is placed upon the trends that existed during the Hoover era and the era of the Have and Have Not Parties.

Document Type: 2 note cards

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Title: Legal History Should be Social History of Law

Summary: A listing of various concepts, in outline form, stressing the importance of studying law within the larger context of society.

Document Type: 1 note card

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Title: Why Legal History?

Summary: Note card that answers three questions pertaining to the importance of legal history within the framework of its impact upon society.

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Title: If Laymen too Narrow re Lit, Lawmen Haven't Led

Summary: Lists four limits of writing about and researching North American Legal History and explains the rationale behind this scenario.

Document Type: 1 note card

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Title: Intangibles and Organization

Summary: Outline focusing on the relationship between societal attitudes/ideas and organizational structures.

Document Type: 2 note cards

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Title: No Title

Summary: Correspondence from Hurst to Professor William Tucker of Cornell Law School regarding an upcoming lecture that Hurst would give in Chicago on legal history and its relation to various professional student categories.

Document Type: 1 page, October 19, 1956

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Title: A Memorandum on Legal Research

Summary: Paper detailing the obligations and actual directions that university law schools take within the realm of changing demands for legal research.

Document Type: 24 pages

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Title: No Title

Summary: Outline addressing court cases, the role of the court, and judicial limitations.

Document Type: 1 note card

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Title: The Professions in American Life

Summary: Paper that links the changing nature of the law profession to the changing expectations of specialized professions since the nineteenth century.

Document Type: 8 pages

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Title: No Title

Summary: Rough draft of previous paper entitled "The Professions in American Life."

Document Type: 8 pages

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Title: Techniques of Judicial Decisions, as they Bear on the Distinctive Role of the United States Supreme Court, in a Changing World

Summary: Outline concerning the role of the Supreme Court in preserving constitutional tradition and acting within its fairly limited societal role.

Document Type: 4 pages, contains two copies of the same outline, and handwritten note cards with a condensed version of the actual typed outline

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Title: Sixty Years of Modern Administrative Law (dating from the Interstate Commerce Commission, 1887) in the Courts

Summary: Outline identifying the circumstances that created a need for an administrative system, and, using specific cases as examples, the legal problems associated with this new administration.

Document Type: 7 pages

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Title: Urbanization in re City Planning

Summary: Outline detailing the social implications involved as the United States shifted into urbanization.

Document Type: 1 note card and 1 page

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Title: No Title

Summary: Outline concerning the historical changes and directions that legislation has experienced.

Document Type: 2 outlines are intact-one condensed version on a note card and a larger version on one-half sheet of paper

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Title: Commercial Sponsorships for Political Convention Broadcasts

Summary: Joint outline by Hurst and Spence primarily examining the role of the media in relaying/covering political conventions. Hurst addresses most of the key points, while Spence raises counterpoints and summarizes.

Document Type: 1 page

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Title: No Title

Summary: Outline covering the functions, debatable aspects, and responsibilities of a lobbyist.

Document Type: 1 page typed with a few handwritten notes

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Title: Social Science On a Lawyer's Bookshelf

Summary: Outline for a speech covering the development of research in social sciences, and the relevance of this category to various societal factors.

Document Type: 3 pages with an attached sheet that was printed to announce the lecture that Hurst would be giving and a listing of the sources he cited throughout the outline. (Dual copies exist)

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Title: Science, Scientists, and the Law

Summary: Outline for a lecture Hurst gave with Carlisle Runge (Associate Professor of Law) for the Freshmen Forum on May 20, 1958. It covers the interplay of scientific and legal development and uses military policy and science as a specific case study.

Document Type: 1 page

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Title: Wisconsin Center Building: "Law in Society" (April 11, 1958)

Summary: Outline for lecture covering the role of the university, functions of the law, and how the university law school integrates these to properly operate within the context of a changing society.

Document Type: 2 pages and one condensed version on 5x7 note card

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Title: Brown v. Board of Education

Summary: Outline primarily examining state legislatures and the federal courts in the Brown decision.

Document Type: 4 pages

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Title: Why is it a Good Investment to Spend Money on a State University?

Summary: Hurst uses an outline form to expand on the greater utility and significance of education within the context of its benefits to society, man, and progress.

Document Type: 2 pages

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Title: No Title

Summary: Opens with a correspondence from Marion Alderton (assistant to Dr. Willits of the University of Pennsylvania) regarding Hurst's revised manuscript of "Research Responsibilities of University Law Schools."

Document Type: 1 page, August 13, 1957

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Title: Research Responsibilities of University Law Schools

Summary: Paper defining the need for legal research to cover wider societal implications, and the impact of lack of funding/support upon the development of university law programs.

Document Type: 23 pages

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Title: No Title

Summary: Short outline that seems to be touching on post-Reconstruction legislation using the Washburn case as a specific example.

Document Type: 1 note card

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Title: No Title

Summary: Outline for joint lecture by Hurst and Bunn in which they the cover various aspects of self-incrimination rights.

Document Type: 1 page

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Title: No Title

Summary: Outline covering the nature of civil liberties and what this meant to society in 1954.

Document Type: 2 pages with additional handwritten notes

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Title: No Title

Summary: Outline that defines the term civil liberty and the government's role in preserving it.

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Title: No Title

Summary: Outline covering the importance of civil liberties within a secure legal system and the various questions/problems the existence of civil liberties raises.

Document Type: 1 page, 2 identical copies exist

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Title: Really Believe?

Summary: Outline identifying the beneficiaries of civil liberties, how they are defined, and the policies that are implemented within society to enforce them.

Document Type: 2 note cards

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Title: No Title

Summary: Benjamin Franklin, Louis Brandeis, and a speaker at the University of New York are quoted on their varying interpretations of civil liberties within a system of law.

Document Type: 1 page

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Title: No Title

Summary: This paper is a culmination of all previous outlines in this series. It covers civil liberties in the context of private property, the indivisible nature of liberties, and the risks that are associated with it.

Document Type: 14 pages

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Title: No Title

Summary: Outline covering various aspects of the law, politics, and politicians within a historical perspective.

Document Type: 3 note cards

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Title: No Title

Summary: Outline concerning the interplay of science and society, and the results of this interaction.

Document Type: 1 note card

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Title: Estimate of General Character of Legislative Evidence

Summary: Rough outline format identifying the effects of laissez-faire upon the responsibilities of law.

Document Type: 1 note card

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Title: No Title

Summary: Speech Hurst gave honoring an award that had been granted to Charles Bunn, University of Wisconsin faculty from 1934-1961.

Document Type: 3 pages, 1 page summary version

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Title: The Challenge of the Constitution (September 1970: Lion's Club)

Summary: Outline identifying the constitution as an instrument that is receptive to change, legitimizes private and public power, and promotes the sharing of assets in order to uphold "commonwealth values."

Document Type: 2 pages, 1 page condensed version

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Title: No Title

Summary: Outline covering the necessity of law and the distrust that surrounds it. Hurst incorporates social interdependence, human nature, selfish governmental interests, and a lack of public interest into this concept.

Document Type: 3 pages

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Title: No Title

Summary: Outline covering what Hurst terms a "legitimate monopoly of violence" through an examination of the legitimate monopoly of violence, mid-twentieth century constitutionalism, suggestions for reducing violence, rational-aiming procedures, and the resource-allocating roles of law.

Document Type: 4 pages

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Title: Susan Flader Seminar: March 6, 1973

Summary: Outline covering land classification and public policy controls, and the role of federal power and the courts in reducing long-term depletion of lumber producing forests. This is tied to the conflicts surrounding productivity, individuals, economic structure, and governmental limitations.

Document Type: 1 page, 2 copies identical in content

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Title: Nineteenth Century U.S. as an Underdeveloped Area

Summary: Outline covering factors of production, political-social climate, and the importance of contracts, marginal power, and delegated decision making within the market economy.

Document Type: 1 page

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Title: No Title

Summary: Speech commemorating the work of Professor Nathan P. Feinsinger as a counsel member of the Wisconsin Board of Relations and the National War Labor Board, his efforts in peacetime labor relations, and the Disputes Settlements program he established within the law school.

Document Type: 1 page outline, 3 pages constitute actual speech

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Title: What is Law? First Year Law Orientation: September, 1968

Summary: Outline investigating current behaviors used to define law, the role of client-care taking, the complex nature of agency structure, jury legislation, and the legitimacy of legal order within the context of public power and a monopoly of violence.

Document Type: 2 pages with 1 page quote from Justice Holmes entitled "The Profession of Law" which he gave at Harvard in 1886

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Title: What is Law? First Year Law Orientation: September, 1959

Summary: Outline examining the social framework, which allows human values and the institutions of family, church and school to validate law. This concept is emphasized through an examination of social, economic, and legal factors in automobile development, individuality, and society.

Document Type: 4 pages

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Title: What is "Law": Freshman Orientation, September, 1962

Summary: Outline examining law beyond its legislative role by distinguishing between law and justice and emphasizing its non-regulatory aspects.

Document Type: 1 page

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Title: What is Law? First Year Law Orientation, September, 1968

Summary: Outline identical in content to previous series entry with attachment containing "The Profession of Law" by Justice Holmes.

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Title: (Role of Law, 1955)

Summary: Outline covering the gains and costs of force, principals of governmental force within a monopoly, legitimization through the constitution, rational procedures, and resource allocation.

Document Type: 1 page with additional page covering A.G. Pehnquist and the computerized gathering of personal records, and Thomas Jefferson's views on human weakness.

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Title: No Title

Summary: Handwritten outline that covers the nature of Legal History.

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Title: No Title

Summary: Statement Hurst submitted in 1971 on behalf of the Wisconsin Civil Liberties Union in opposition to Joint Resolution 35, a proposal that would call a state convention to amend the constitution. Hurst contends it on the basis of its uncertain results, and the various difficulties it would raise regarding election of delegates, voting issues, the executive role, and legal limits for future proposals

Document Type: 7 pages

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Title: No Title

Summary: Copy Identical in content to initial series entry on Joint Resolution 35.

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Title: No Title

Summary: Pages 1-3 for Hurst's proposal on Joint Resolution 35.

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Title: Relations of the Courts to Legislation Under the Constitution

Summary: Examines the relationship of the fourteenth amendment to a Wisconsin Statute devised in 1967 requiring operators and riders on motor-driven cycles to wear helmets, and the challenges it received due to its unconstitutional nature.

Document Type: 1 page

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Title: The Rotary News: March 20, 1971

Summary: Contains an article entitled "Concerning Power Official and Unofficial" that recounts a speech Hurst gave regarding the social mechanisms that govern private power and the public role in checking executive power.

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Title: Law and Individuality: The Nineteenth Century U.S. Inheritance of Policy: (1968 Seminar in Law and Behavior Sciences)

Summary: Outline examining the historical roots of present-day freedoms, public policies that governs individual freedom, the belief in personal possessions, and the basic right to privacy.

Document Type: 5 pages

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Title: No Title

Summary: Outline detailing the legitimacy of power and the ways in which competing group interests interact in society.

Document Type: 4 pages

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Title: No Title

Summary: Outline investigating the separation of power between the executive, legislature, and courts, and the constitution in relation to public interest.

Document Type: 1 note card, 1970

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Title: Is Law Real?

Summary: Outline identifying centers of interest, commonalities, and the failures of the law.

Document Type: 1 note card, 1969

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Title: No Title

Summary: Outline examining a proposal regarding the relationship between faculty members and attorneys. Hurst critiques its vagueness in defining the employer, "professional employment," and "interests of the employer."

Document Type: 2 pages with a note card condensed version, 1970

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Title: The Challenge of the Constitution: (September, 1970: Lion's Club)

Summary: Outline presenting the constitution as a symbol and an instrument that can be weakened if not handled properly. Hurst supports this assertion by investigating the constitution's adaptation to change, and its legitimization of public and private power.

Document Type: 1 page

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Title: No Title

Summary: Outline investigating various aspects of due process of law through an inspection of its procedural elements, its ideal meaning, the role of the courts, and changes that have affected substantive and procedural due process.

Document Type: 1 page

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Title: Wisconsin School of Air: 1969-1970 "Exploring the News"

Summary: Rough draft of a script for a weekly news series. This particular segment ties issues of law such as contempt of courts, civil rights, and contempt of the assembly with societal issues of welfare, anti-war, and black militancy demonstrations that had been taking place locally and nationally.

Document Type: Hurst's responses to these issues are not filled into the script, only the comments by Roy Vogelman are printed. Pp. 1-4, and 6, October 9, 1969

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Title: Legislative Draftsmen Seminar: September, 1969

Summary: Outline concentrating on the drafting process of judicial review, the varying judicial interpretations between the nineteenth and twentieth century, and the overall construction of statutory texts.

Document Type: 1 page

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Title: Legislative Draftsmen Seminar: September, 1969

Summary: Identical in content to previous series entry (Item#164).

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Title: No Title

Summary: Similar to previous texts in opposition to amending the state constitution. This particular version focuses on the debatable issues and procedural elements, the lack of precedent, and legal limitations.

Document Type: 3 pages, 2 copies identical in content

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Title: Powell v. McCormick: June, 1969

Summary: Outline detailing the legal questions answered by Powell v. McCormick, the questions of authority it created, and the legitimacy of the courts in viewing the case at the federal level.

Document Type: 1 page, 2 copies identical in content, 1 page of handwritten notes, and 1 half sheet of paper covering congressional policies

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Title: No Title

Summary: A series of outlines covering the contribution of agencies to corporate law by examining the interaction between corporations, law and society, and historical transformations, bi-partisan nature and functions, and the legitimacy of regulation and preventative administrations.

Document Type: 16 pages

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Title: Workings of the Court

Summary: Outline examining the effectiveness of the courts and morality, the importance of exercising its limited role, the support it provides to fair government, and its own need for protection. The latter half covers the personal life of Justice Holmes and his role in the public arena.

Document Type: 4 pages, 1968

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Title: No Title

Summary: Text detailing the various cases undertaken by the Supreme Court regarding corporations and law. The following cases are covered: Townsend v. Yeomens (check date), Doherty v. Inhabitants of Ayer (1908), Spanger v. Coless (1922)-check, and Fox Film Corporations Application (1929).

Document Type: Pp. 9-13, 2 copies identical in content

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Title: The University of Wisconsin Law School Advocate: April 7, 1996: "J. Willard Hurst to Speak at Law Banquet"

Summary: Article announcing Hurst's role as the main speaker at the 23rd annual law school spring program banquet, and his speech entitled "The Legal Profession."

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Title: 200 Years of Lawyers

Summary: Outline identifying a lawyer as an advocate, policymaker and administrator, and a professional with an increasingly formalized education. It also stresses the importance of self-discipline and service.

Document Type: 2 pages with an attached brochure for the State Bar of Wisconsin's winter meeting at the Institute on Jury Selection and Argument at the Schroeder Hotel in Milwaukee, Wisconsin, 1957.

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Title: No Title

Summary: Outline focusing on political affiliations, social classes, education, the changing social functions of a lawyer, and the bar's role as a governmental institution.

Document Type: 2 pages

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Title: No Title

Summary: Outline examining the profession of law and social change from 1790-1952 by covering science and technology, population changes, legal and societal changes, and the implications this had upon the role of the lawyer.

Document Type: 5 pages, two outlines in a condensed and more extensive form

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Title: No Title

Summary: Outline comparing the role of a lawyer in 1873 to contemporary times. This is accomplished through an investigation of private practitioners, the need for special qualifications, challenges to the bar, and fundamental unchanging aspects.

Document Type: 6 note cards with closing of 1886 speech of Justice Holmes

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Title: The Sources of Law (February, 1966: "Spring Tonic" Program)

Summary: Outline defining law through its relationship to the constitution, statutes, common law, and administrative regulation.

Document Type: 1 page

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Title: Law Enforcement Conference: October 26, 1965

Summary: Outline addressing the relatively new profession of law enforcement, the relation of the police system to society as a whole, and automobiles, youth, and race.

Document Type: 2 large note cards

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Title: "Our Changing Social Complex"

Summary: Expanded outline to previous series entry addressing the relationship between law enforcement and the society it operates within. (Item # 177)

Document Type: 2 pages

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Title: No Title

Summary: Outline covering the contributions of legal history to professional responsibility, the morale it invests in man, and the topic areas it should investigate.

Document Type: 5 pages with closing quote from 1866 speech by Holmes to Harvard undergraduates

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Title: No Title

Summary: Discussion outline for the spring program Hurst regularly participated in called Social Science on a Lawyer's Bookshelf. It covers various texts that detail the interaction between social science and legal history. Attached is a bibliography of the books covering political history, anthropology, social psychology, sociology, the politics of economy, and the balance of power.

Document Type: 2 note cards

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Title: Nineteenth Century: We take too much for Granted: Sources of Knowing

Summary: Expanded version of previous series outline.

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Title: No Title

Summary: Outline investigating societal values, the negative attitudes surrounding organized power, and the impacts this has upon the individual and society.

Document Type: 3 note cards

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Title: No Title

Summary: Outline covering states' rights, and the conservative and liberal tags that are embedded within political philosophy.

Document Type: 3 note cards

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Title: Lincoln's Manager: David Davis

Summary: A review of Lincoln's Manager which focuses on Mr. Justice Davis, who served in the court with Lincoln, managed his campaign, and was appointed to U.S. Supreme Court in 1862. Hurst cites Davis's lack of renown as a judge as an impediment to the book's content.

Document Type: 2 pages of a rough draft with attached correspondence from the Dean of the University of Chicago disclosing Hurst's rather low opinion of the text

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Title: No Title

Summary: Outline exploring the regulations, costs, and risks surrounding the concepts of freedom and liberty.

Document Type: 2 note cards

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Title: No Title

Summary: Outline examining the virtues of a public man, a private man, and lawmaker.

Document Type: 2 note cards

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Title: Tensions of Constitutional Order in the United States of 1964

Summary: Outline linking the constitutional order within society to policies regarding violence, access to jobs and housing, states rights (schools, voting privileges, equal access to national life), and the constitutional government's receptiveness to change.

Document Type: 6 note cards, 1 consists of a condensed outline with #2-6 expanding on these topics

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Title: No Title

Summary: Outline investigating the attitudes surrounding values, applications within society, and the changing nature of police power within a political economy.

Document Type: The back of page 2 has an outline for Ratcliff class of February 1962 regarding political economy, political/economic values, links to feudal relations, and the constitutional basis of values, 2 note cards

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Title: No Title

Summary: Handwritten notes that seem to briefly cover statistical information.

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Title: West High School Vocational Program

Summary: Outline for speech to high school students regarding entrance into law school, undergraduate and law school training, projected earnings for a lawyer in 1960, and key characteristics of being a lawyer.

Document Type: 1 note card

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Title: Charles River Bridge v. Warren Bridge

Summary: Outline and paper produced by Mr. Taylor of the University of Wisconsin Law Department. The documents cover the demarcation of public and private values, and the achievement of stability and change within the 1837 case of Charles River Bridge v. Warren Bridge. These themes are flushed out through an examination of the values that exist within law-making processes, individual conceptions of order, and opinions surrounding social change.

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Title: No Title

Summary: Outline examining the role Washington played from 1789-1796 in shaping the executive role through his use of executive power, foreign relations, relations with Congress, and his influence upon future leaders.

Document Type: 7 note cards in non-sequential order

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Title: Memorandum to the Committee on the Legislative Branch, of the Governor's Commission on Constitutional Revision: Regarding Draft Amendment of Wisconsin Constitution, IV, 3

Summary: Solutions for the process of reapportioning and redistricting the voting districts for members of the state senate and assembly. The texts offers suggestions for the duration of the procedure, the selection and size of the redistricting commission, alternative options, the apparatus needed to assist the commission, and includes a copy of Baker v. Carr which covers a similar issue in Pennsylvania.

Document Type: Pp. 1-3, and 1-2

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Title: No Title

Summary: Two separate outlines covering the costs and benefits of legal protection. The first outline examines the legitimate monopoly of violence, constitutionalism, rational-aim procedures, and the resource-allocating role of law. The second outline investigates the goals, processes, and social framework for legitimized private and public power.

Document Type: 4 Pages

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Title: Oklahoma: 1971

Summary: Outline investigating the presence of legal operations within societal institutions, public distrust with the legal process, historical examples concerning the legitimacy of power, the complex nature of power, and the constant concern the public has with public and private power.

Document Type: 10 pages

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Title: Legislatures and the Bargaining of Interests

Summary: Hurst draws on a variety of cases to portray the presence of bargaining interests within the legislative branch, twentieth century trends regarding the interest bargaining background of legislation, and the discrepancy this creates between constitutional ideals and community life.

Document Type: 2 copies, identical in content

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Title: Before Constitution

Summary: Outline covering free speech, the absence of a Bill of Rights, the first amendment, and the Sedition Acts during the nation's beginning.

Document Type: 2 copies identical in content, 1981

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Title: Legislatures and Bargaining of Interests: State Bar, 1982

Summary: Outline covering interest groups with strong focus on the background of interest bargaining and goals in the twentieth century.

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Title: Legislatures and The Bargaining of Interests

Summary: Outline nearly identical in content to previous series entries covering the legal aspects of the market, and the non-market preferred values that complicate relations with the public.

Document Type: 1 page

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Title: No Title

Summary: Outline covering judicial authority and legislative titles, interpretations that utilize historical precedents, and legislative authority.

Document Type: 2 note cards

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Title: Dane County Bar, November 17, 1981

Summary: Identical information to previous series entry with additional information regarding the emergence of non-market preferred values. (Item # 199)

Document Type: 1 page

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Title: No Title

Summary: Handwritten outline dealing with the historical changes of law, values, and public opinion.

Document Type: 2 pages

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Title: No Title

Summary: Outline citing specific texts and cases in relation to the interaction of culture, ideas, and social patterns for both public and private spheres.

Document Type: 1 page

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Title: Organizations

Summary: A variety of interrelated ideas that seem to reflect the themes Hurst planned to cover in his summer seminar of 1981 regarding organizations. He highlights the topics of private and official organization, the relation of group activity to the mass media, legal and social contacts, and the values and moral contributions that contribute to organizations.

Document Type: 6 pages

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Title: Dane County Bar, November 17, 1981

Summary: Identical to previous series entry. (Item #201)

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Title: Dane County Bar, November 1981

Summary: Outline covering the role of the legislature in the twentieth century legal order.

Document Type: 1 page, 2 copies identical in content

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Title: Organizations: Legal History Summer Seminar 1981

Summary: Outline dealing primarily with the functioning, structural purposes, and interactions of public policy and private and public organizations.

Document Type: 7 pages, many repeat similar information

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Title: Arthur M. Schlesinger, Jr, and The Imperial Presidency

Summary: A collection of rough notes and outlines regarding Schlesinger's text on the presidency from 1787-1789, the United States Supreme Court during this time frame, and the governmental structure he addresses in his text.

Document Type: 7 pages, some are duplicates

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Title: No Title

Summary: Outline covering the basic curriculum and structure of the law program, including a critique of the research that it has undertaken.

Document Type: 1 page

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Title: No Title

Summary: Outline covering the history of corporate structure since 1900, changes starting in the 1950's, and the government's federal and legislative controls.

Document Type: 3 pages

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Title: No Title

Summary: Outline investigating the growth in presidential responsibility in conjunction with congressional controls, the courts, and federal bureaucracy.

Document Type: 1 page

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Title: No Title

Summary: Outline that investigates the legal order surrounding investigation, its relation to impeachment, and its effects.

Document Type: 2 note cards, West Side Rotary Club, 1973

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Title: No Title

Summary: Notes detailing an essay theme of "Constitutional Rules Compared to Constitutional Standards," and the evidence that will be used to support it.

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Title: No Title

Summary: Outline exploring the variety of topics that Hurst would be covering during a NEH funded PBS program on law in society. His general ideas cover problems of professional attitude and technique, institutional processes and structural elements, and areas applicable to everyday life.

Document Type: 4 pages, 2 identical copies

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Title: Columbia, September of 1977 and Board of Visitors, October 30, 1977: Judicial Review

Summary: Two outlines covering the role of the judicial system in public policy-making, and the history of the United States Supreme Court's judicial review and policy-making over a 30 year period.

Document Type: 3 pages

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Title: No Title

Summary: Outline covering the emergence of law for the purposes of public order, and the balancing of selfish and public interests.

Document Type: 2 pages with attached sheet covering the case of Eastern RR Press Conference v. Noerr Motor Freight, Inc, and Thoreau's 1846 comments on limited government

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Title: No Title

Summary: Idea for a lecture topic covering student reactions to Locke and the move away from an investigation of religion.

Document Type: 1 page

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Title: University of Florida: June, 1980

Summary: Outline examining the interaction of big government and big business within the public tradition of constitutionalism and legitimated power.

Document Type: 3 pages

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Title: No Title

Summary: Handwritten outline covering the legislation of morality.

Document Type: 1 page

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Title: Taxation and the Humanities Conference

Summary: Copy of a speech Hurst gave at a tax conference. He identifies government, law, and other structures as resource allocating institutions through their roles in the regulation of taxing and spending, fiscal policy, tax preferences/exemptions, and the control of the money supply.

Document Type: 24 pages with an attached note requesting permission from an outside source to print, October 24, 1974

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Title: No Title

Summary: Handwritten notes and sheet outline covering the contribution of the individual to larger institutions, private associations, and the market.

Document Type: 6 pages

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Title: Milwaukee Bar: May 23, 1974

Summary: A historical overview of the effect of law upon the private lives of individuals within the context of a changing government and economy.

Document Type: 4 pages

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Title: The Rotary News: "Wise Framers Framed Wisely," July 3, 1976

Summary: Article that covers a speech Hurst gave on the constitutional model of federalism, the flexibility of the United States legal framework, a system of balanced power, and ways in which these factors coalesced to endure and adapt to changing situations.

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Title: Who Made the Constitution? Lion's Club: October, 1975

Summary: Condensed outline covering the role of the framers, the court, and public opinion in the formation of the constitution.

Document Type: Attached sheet with quotations from Holmes in Missouri v. Holland (1920) and "Learned Hand" speech from 1944, 1 page

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Title: Examine Roles of Law in Social Order

Summary: Notes identifying the roles of law and social order in legitimizing force, achieving a "commonwealth," and implementing constitutionalism to create a just society.

Document Type: 4 pages, 1976

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Title: Attention to Legal Order Limited by Want of Philosophy: What is the Subject Matter?

Summary: Outline examining force and legitimacy, institutional effectiveness, and the varying directions of law within the societal context.

Document Type: 1 page

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Title: No Title

Summary: Outline covering basic characteristics of the executive role, the growth of responsibility in national affairs, and responses of other governmental institutions.

Document Type: 1 page

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Title: Program for Annual Judicial Conference of the Judges of the Seventh Federal Circuit of the United States, May 13-15, 1974

Summary: Program handout for conference presided over by Circuit Justice William H. Rehnquist.

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Title: Watergate: Round Table, April 3, 1974, Seventh Judicial Conference, May 15, 1974

Summary: Examines the legal processes surrounding Watergate through the Erwin committee, the judicial role, and the political legitimacy of presidential impeachment.

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Title: No Title

Summary: Outline covering various elements of Alexander Hamilton's role within the governmental apparatus through a detailed look at his role as Secretary of State, the structure of national government, social/economic developments, the middle class coalition, and taxing and spending policies.

Document Type: 3 pages, 2 duplicate copies

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Title: No Title

Summary: Outline focusing in on Hamilton's role in establishing the governmental powers to tax, borrow and appropriate, regulate commerce and the economy, interpret the constitution, and the leadership he embodied to implement these tasks.

Document Type: 3 pages

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Title: "Reception" in Wisconsin: Columbia, September, 1977

Summary: Outline examining the reception clause in Wisconsin through its origins in the Northwest Ordinance, original implementation, the problems it created, and its reliance upon English sources.

Document Type: 3 pages

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Title: No Title

Summary: Outline covering government's interaction with big business and corporations, and the way in which policies are adopted in response to social pressures.

Document Type: 2 pages with 2 copies identical in content

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Title: Structure and Governance of Corporations: Chicago, October 20

Summary: Outline investigating government, society, and corporations by linking past and current events, emphasizing the relation between social sensitivity and legal regulation, and enumerating the issues that fall under the role of "governance."

Document Type: 11 pages

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Title: Corporate Structure and Governance: October 20, 1977 (Lincolnshire)

Summary: A historical overview of corporations and the government that examines the sequence of events, the social problems created, and legal responses to institutional problems.

Document Type: 3 pages, two copies identical in content

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Title: A Symposium on the Structure and Governance of Corporations

Summary: Examines the interaction between environmental concerns and corporations, existing regulations, the effectiveness of controls, and additional proposals for reform.

Document Type: This publication seems to have been created by outside sources and cites Hurst and other experts to support various facts. Pp. 3-9

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Title: No Title

Summary: Outline covering the role of laissez-faire in the economy, governmental involvement in the economy, and arising disputes.

Document Type: 1 page, two copies identical in content

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Title: Tallahassee: May 5, 1978

Summary: Outline that utilizes legal history as a lens to view the interaction of law and social structure in determining the links between public policy, value systems, and economic, and market controls.

Document Type: 2 pages, 2 copies identical in content

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Title: No Title

Summary: Outline examining the values that the U.S. places on individuality, and the impact this has upon the implementation of law into the social order. This concept is supported through an investigation of Thoreau's arguments, the bargaining of self-interests, and the pervasive nature of constitutional ideals.

Document Type: 3 pages

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Title: Milwaukee Bar: May 23, 1974

Summary: Outline investigating the impact of law on basic life experiences through a historical overview of national identity, economic growth, political trends, and the efficiency of official decision-making power.

Document Type: 3 pages

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Title: Corporate Structure/Government: October, 1977

Summary: Identical in content to previous series entry regarding the interplay of corporate structure and government. (Item #235)

Document Type: 2 pages

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Title: No Title

Summary: Identical in content to previous series entry regarding laissez-faire and government regulation. (Item # 237)

Document Type: 1 page

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Title: Board of Visitors, October 30, 1977: Judicial Review

Summary: Outline exploring the historical changes of judicial review, the English origins of the United States Supreme Court, the impact of the Fourteenth amendment upon public policy, and overall judicial influence upon non-market related values.

Document Type: 2 pages

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Title: Who Made the Constitution? (Lion's Club: October, 1975)

Summary: Investigates the role of the framers, the court, and public opinion in the formation of the constitution.

Document Type: Attached sheet with quotations from Holmes in Missouri v. Holland (1920) and "Learned Hand" speech from 1944

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Title: Examine Roles of Law in Social Order

Summary: Outline identical in content to previous series entry from 1976. (Item # 223)

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Title: No Title

Summary: Outline examining the ability of social history to enhance the understanding of force, constitutionalism, procedure, and resource allocation in the American West.

Document Type: 2 pages

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Title: The Net of "Watergate" (Kiawanis: September, 1974)

Summary: Outline investigating the tensions surrounding secrecy in the executive role, the checks and balances implemented by the Erwin Committee, the case of U.S. v Nixon, and House of Representatives Judicial Committee.

Document Type: 1 page, 2 copies identical in content

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Title: No Title

Summary: Investigates the dilemmas that arise as law attempts to influence the market, and the impact of shared values upon congress, courts, and the executive.

Document Type: 2 pages

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Title: Legitimacy: 1971

Summary: Outline examining organized society and the lack of trust surrounding legitimized power. This concept is investigated through a historical overview of the presidential role, racial tensions, big corporations, and the impact of law upon individuality.

Document Type: 4 pages, 2 copies identical in content

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Title: ASLH: October 21, 1978

Summary: Outline examining the limitations of legal history, the new theories it can foster, and its ability to link public policy to individual life.

Document Type: 2 pages

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Title: Unitarian Society, Madison: January 28, 1979

Summary: Outline examining the tools the legislature can utilize to form public policy, the impact of public and private interests, and the importance of areas of specialization.

Document Type: 1 page

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Title: Environmental Change in the Great Lakes Forest, June, 1979

Summary: Outline examining the role legal agencies played in the depletion of the forests, the role of private ownership, and the lack of regulatory involvement in Wisconsin lumber yards.

Document Type: 3 pages, 2 copies identical in content

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Title: No Title

Summary: Outline examining the link between the public and the courts in terms of the types of public policies that are established and the types of cases handled.

Document Type: 2 pages, 1980

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Title: No Title

Summary: Outline examining the historical trends of legal education, changes made since 1950 to improve the system, and existing points of tension surrounding the current method.

Document Type: 1 page

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Title: Curti: I

Summary: Outline examining law and the market as institutions of social control in relation to the need to deal with scarcity. This is supported through an investigation of the equal protection clause, the growth of market activity, the money supply, and incorporation.

Document Type: 3 pages

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Title: Curti: II

Summary: Outline examining the importance of the market as a societal institution and its interaction with a legal system based on commonwealth and individuality. It also includes an analysis of legal regulation, the process of extending markets with credit, and the role of public policy within the market.

Document Type: 3 pages

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Title: Curti: III

Summary: Outline examining the ways in which law is able to navigate its way through policies. This is accomplished through a historical overview of people, individual and collective interests, monopolies, diversity of competition, variation of powers, roles of other agencies, and the negotiation of public policy.

Document Type: 3 pages, 2 copies

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Title: No Title

Summary: Outline examining the interrelated effects of constitutionalism, social impact, and the legal processes upon the market.

Document Type: 1 page

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Title: New Deal of the 1930's and 1980's

Summary: Outline investigating the changes public policy underwent from 1930-1950 by comparing centers of public policy, styles of executive leadership, economic factors, the role of the government and the private market, and the impact of public policy upon power, wealth, and social status.

Document Type: 3 pages, 2 copies identical in content

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Title: University Club: October 24, 1978

Summary: Outline explaining the role contemporary society plays in reinforcing its concern for legitimacy of power within the governmental structure, racial issues, and the rise of Fortune 500 companies.

Document Type: 3 pages

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Title: No Title

Summary: Outline examining various aspects of legal history: organized power of government, legal agencies and public policy, social institutions, ideas, and inertia, constitutional elements of public policy and government, and the regulation of law and the market.

Document Type: 14 pages

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Title: No Title

Summary: Repeat of pages 1-4 of Cornell IV from previous series outline

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Title: Arlie:1

Summary: Outline covering the relationship management and investors have with the public through an examination of historical trends of corporate law, the role of scarcity and public policy, and means of implementing new forms of public policy.

Document Type: 4 pages, 2 copies

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Title: Individual's Place

Summary: Outline covering the importance of individuality within a changing society through an examination of the individual's access to power, protective public policy measures, the role of the government, organized interest, and regulations in the marketplace.

Document Type: 6 pages, 2 copies and additional handwritten notes

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Title: Watergate: Round Table April 30, 1974: Seventh Judicial Conference-May 15, 1974

Summary: Identical in content to previous series entry.

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Title: Dane County Bar: October 2, 1973

Summary: Outline focusing on congressional investigative power, the procedural emphasis adopted by the United States Supreme Court, public interest, and connections with the executive office since the 1930's.

Document Type: 1 note card

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Title: No Title

Summary: Handwritten notes regarding utility and the principle issues of the Watergate case, including actions of the courts, impeachment, and legislative investigation.

Document Type: 2 pages

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Title: Rights of Individuals: (Wausau Conference: September 24, 1973)

Summary: Outline covering individual rights for peaceful groups, security, and the sharing of values. These concepts are linked to American public policy regarding individual rights, private power, and the areas of individuality that the law has impacted.

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Title: Hurst on Garrison

Summary: Biographical sketch of Lloyd Garrison, who served as Dean of the University of Wisconsin Law School from 1932-1942. Hurst exonerates his public roles as a member of the National Labor Relations Board, a lawyer, a legal educator, and his overall energetic persona.

Document Type: 3 pages with additional note card

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Title: Taxation and the Humanities: March 6, 1974

Summary: Outline investigating taxation and spending powers of the government by examining resource-allocation, goals of taxing/spending, and overall policy objectives.

Document Type: 3 pages, 2 copies identical in content

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Title: Willard Hurst: Kastenmeier Hearing, February 9, 1974

Summary: Paper asserting the necessity of the impeachment process when it is used with judgement and follows the guidelines set by the framers. It goes on to investigate the House Judiciary Committee's ability to use congress, the constitution, and acts of other high officials to initiate this process.

Document Type: 3 pages

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Title: Violence Issues

Summary: Outline focusing on the control of violence within society through a historical overview of public response, the legitimization of force, and governmental allocation of power.

Document Type: 3 pages, 2 copies

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Title: No Title

Summary: Quotations from Hobbes and Alexander Hamilton regarding the legitimacy of organized power.

Document Type: 1 page

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Title: No Title

Summary: Thoreau's thoughts on governmental involvement in the lives of citizens, and the concepts behind a peaceable revolution.

Document Type: 1 page

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Title: Eastern RR Press Conference v. Noer Motor Frieght Inc., 365 US 127 (1961)

Summary: Text highlighting congressional legislation of political activities in relation to the right of petition, competition, and the Sherman Act.

Document Type: 1 page

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Title: No Title

Summary: Outline concerning the interaction of individual values and law within the existing social order, bargaining among selfish interests, and the continuation of constitutional ideals.

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Title: No Title

Summary: Speech by Thoreau on limited government, key points concerning Western RR Press Conference v. Noer Motor Freight Inc., and a dual copy of previous outline concerning the legitimacy of law.

Document Type: 6 pages

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Title: No Title

Summary: Outline concerning the importance of legitimacy within the United States legal order. This concept is supported through an examination of the purposes of legitimacy, public power, private power, corporations, and resulting conflicts.

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Title: No Title

Summary: Outlines covering the concept of group conflicts and the ways in which parties/interest groups can overcome these barriers.

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Title: Violence and Law: Contemporary Trends: March: 1971

Summary: Outline covering organized force within the law, and governmental use of fiscal powers to exert force within the government and communities.

Document Type: 2 copies with attached syllabus for Comptemporary Trends/Violence in America

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Title: Oklahoma: 1971

Summary: Outline examining both the continuity and distrust that lies within the legal order through a detailed look at historical foundations of legitimacy of power, the multifarious issues that serve to broaden the topic, and the controversies that accompany legislation.

Document Type: 10 pages

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Title: University Club: October 24, 1978

Summary: Outline covering principles and realities of legitimacy of power, and concerns that surround inheritance of government, domestic affairs, foreign affairs, race, and the increase in Fortune 500 companies.

Document Type: 3 pages

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Title: University of Florida: June, 1980

Summary: Covers the constitutional aspects of responsibility of power, governmental decision-making, revolutionary changes, private bureaucracies, and the legitimacy surrounding big government and big corporations.

Document Type: 3 pages

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Title: Law School: Law Day May 3, 1982

Summary: Outline defining a government of laws, John Adam's constitutional ideal of accountable power, private and special interests, and social changes shifting the focus to public interest.

Document Type: 5 pages including notes from March 4, 1787 defining liberty within the social context, constitutionalism, and national power

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Title: No Title

Summary: Outline covering the role of the court system in legislative authority, interpretation, and judicial review.

Document Type: 2 pages

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Title: No Title

Summary: Notes on Dean and the role he played in labor relationships and the university. (For the Fleming Award: November, 1986)

Document Type: 1 page

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Title: L&S Assn, Chicago May 1986

Summary: Outline examining human limits, self-centeredness, institutional force of law, uses of history, and the problems surrounding single-cause diagnoses.

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Title: Legal History Seminar: July 29, 1985

Summary: Outline investigating the impact of law upon society, sociology and history, and its historical relevance and relationship to family and power. (Item # 284)

Document Type: 2 pages, 2 copies identical in content

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Title: Law School: Law Day May 3, 1982

Summary: Identical in content to previous series entry.

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Title: First Year Convocation August 27, 1985

Summary: Outline identifying beneficial aspects of the law school by highlighting diversity, knowledge, competence, professional training/ordered learning, and the professional ideal of service.

Document Type: 2 copies with a few variations in handwritten notes and 1846 speech by Holmes to undergraduates at Harvard

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Title: No Title

Summary: Outline investigating the marginal aspects of law, laissez-faire legacies, and the legally protected autonomy of the market.

Document Type: 2 pages, 1 sheet of handwritten notes

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Title: No Title

Summary: Outline concerning public policy and internal corporate processes, constitutional efficiency with special interest groups, and defects of this system.

Document Type: 2 pages, one sheet of notes

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Title: No Title

Summary: Outline dealing with private property and public policy, and the ways in which public policy benefits the market.

Document Type: 2 pages with handwritten notes

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Title: No Title

Summary: Three variances of the same outline dealing with the development of the court investigation, federalism, and the shift away from individual claims to non-market preferred values.

Document Type: 8 pages

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Title: No Title

Summary: Outline serving as a culmination of past fragments regarding public policy roles affecting the market: marginal nature of law, private property, autonomy of the market, internal corporate process, public policy, and market defects.

Document Type: 3 pages

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Title: Stylistic Interpretation (November 9, 1984) Philosophy, Semantics, Political Theory and Facts of Life

Summary: Outline examining statutes, changes in the public policy role of the courts, the pragmatic nature of the legislative process, and areas of controversy.

Document Type: 3 pages, 2 identical copies

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Title: 1984 LLAW Committee Chairs

Summary: LLAW newsletter with copy of speech Hurst had given entitled "Reality and Fiction in the Uses of Legislative History." The speech covers English patterns, the Sherman Law, and includes materials from statute texts that relate to the Supreme Court and Wisconsin state courts. Audio recording of speech available in Series 3, Tape 2, Side 1.

Document Type: 8 pages

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Title: No Title

Summary: Text examining the English origins of the U.S. court system, the role of the United States Supreme Court in setting precedents, and the distinctive aspects of state courts.

Document Type: 1 page

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Title: No Title

Summary: Outline covering the work of one of Hurst's former colleagues, and the roles he played in strengthening the law faculty.

Document Type: 1 page, 2 identical copies

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Title: Wisconsin Hum Comm: October 1982

Summary: Text exploring the relationship between private government and the market, the contributions of law and government to the market, and the increasing presence of law within a bargain-centered market.

Document Type: 3 pages, 2 copies identical in content

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Title: Judges and the Statute Book: September 23, 1982

Summary: Outline comparing legal trends from1802 with statutes from 1982. It identifies patterns related to public policy and judicial interpretation.

Document Type: 3 pages, duplicates of page 1 with two separate versions

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Title: Legal History Class (Gordon): April 29, 1982

Summary: Outline examining the functional significance of the relationship between law and social needs/wants, questions of causation, and values and interpretations.

Document Type: 1 page

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Title: Dane County Bicentennial: September 19, 1987

Summary: Outline examining the proposed Wisconsin state constitutional convention, solutions used in the past for similar problems, past economic development, and adaptability to change.

Document Type: 2 pages, 2 duplicate copies with additional page of relevant quotations from Alfred Knopf.

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Title: No Title

Summary: Note from Hurst regarding the contents of Memorandum regarding the 13th and 14th Amendments, in Wisconsin, and related subjects.

Document Type: 1 page. (Copied from the Wisconsin Historical Society's Frances and Willard Hurst Papers collection.)

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Title: No Title

Summary: Correspondence between Hurst and William T. Coleman, Jr. regarding a request for research regarding school segregation cases and the legislative history of ratification of the fourteenth amendment by the various states.

Document Type: 6 pages (Copied from the Wisconsin Historical Society's Frances and Willard Hurst Papers collection.)

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Title: Memorandum regarding the 13th and 14th Amendments, in Wisconsin, and related subjects

Summary: Outline examining the 13th and 14th amendments done at the request of the NAACP relevant to Brown v. Board of Education.

Document Type: 21 pages (Copied from the Wisconsin Historical Society's Frances and Willard Hurst Papers collection.)

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Title: Administration of the Court

Summary: Memorandum of conversation December 18, 1947 between Mr. Chief Justice Rosenberry and Hurst regarding administration of the court.

Document Type: 5 pages (Copied from the Wisconsin Historical Society's Marvin B. Rosenberry Papers collection.)

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Title: Elections and the Court

Summary: Memorandum of conversation December 20, 1947 between Mr. Chief Justice Rosenberry and Hurst regarding elections and the court.

Document Type: 6 pages (Copied from the Wisconsin Historical Society's Marvin B. Rosenberry Papers collection.)

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Title: Jurisdiction

Summary: Memorandum of conversation January 12, 1948 between Mr. Chief Justice Rosenberry and Hurst regarding jurisdiction.

Document Type: 4 pages (Copied from the Wisconsin Historical Society's Marvin B. Rosenberry Papers collection.)

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Title: The Courts and the Bar

Summary: Memorandum of conversation January 17, 1948 between Mr. Chief Justice Rosenberry and Hurst regarding the courts and the bar.

Document Type: 5 pages (Copied from the Wisconsin Historical Society's Marvin B. Rosenberry Papers collection.)

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Title: Lumber Industry Legal Problems

Summary: Memorandum of conversation January 20, 1948 between Mr. Chief Justice Rosenberry and Hurst regarding lumber industry legal problems.

Document Type: 4 pages (Copied from the Wisconsin Historical Society's Marvin B. Rosenberry Papers collection.)

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Title: Types of Law Business

Summary: Memorandum of conversation January 24, 1948 between Mr. Chief Justice Rosenberry and Hurst regarding types of law business.

Document Type: 3 pages (Copied from the Wisconsin Historical Society's Marvin B. Rosenberry Papers collection.)

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