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27 U. Mem. L. Rev. 333 (1996-1997)
Reopening Tennessee's Open Courts Clause: A Historical Reconsideration of Article I, Section 17 of the Tennessee Constitution

handle is hein.journals/umem27 and id is 343 raw text is: Reopening Tennessee's Open Courts Clause: A Historical Reconsideration of Article I, Section 17 of the Tennessee Constitution WILLIAM C. KOCH, JR.* I. INTRODUCTION ............................... 335 II. PRINCIPLES OF CONSTITUTIONAL INTERPRETATION 342 III. ORIGINS IN MAGNA CARTA .............. 349 IV. THE CONTRIBUTIONS OF COKE AND BLACKSTONE 357 V. MAGNA CARTA IN COLONIAL AMERICA ......... 364 VI. EARLY STATE CONSTITUTIONS ............. 366 VII. THE UNITED STATES CONSTITUTION AND BILL OF RIGHTS ..................... 368 VIII. EARLY CONSTITUTIONALISM IN TENNESSEE ..... 375 IX. THE TENNESSEE CONSTITUTION OF 1796 ...... 381 X. THE TENNESSEE CONSTITUTION OF 1835 ...... 390 XI. THE TENNESSEE CONSTITUTION OF 1870 ...... 395 * Judge, Tennessee Court of Appeals; B.A., Trinity College 1969; J.D., Vanderbilt University 1972; LL.M., University of Virginia 1996. This Article is adapted from a thesis submitted in partial fulfillment of the require- ments for the degree of Master of Laws in Judicial Process at the University of Virgin- ia. The Author wishes to acknowledge the assistance of A.E. Dick Howard, White Burkett Miller Professor of Law and Public Affairs at the University of Virginia, who served as his thesis advisor. The Author also wishes to thank Susan W. Dulin and Eliz- abeth Ann Hurd for their assistance in the preparation of the original manuscript. This Article uses citation forms for state constitutions as a matter of style in the text. Additionally, this Article includes parallel citations to Tennessee cases where applicable as an aid to Tennessee practitioners. This Article contains the Author's personal views and should not be construed as a probable decision of any particular case or matter that may come before the Tennessee Court of Appeals. 333

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