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19 April 2024 / Roger Smith
Issue: 8067 / Categories: Features , Rule of law
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Blackstone, myth & the American frontier

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Roger Smith revisits his gun-totin’ youth

You get a bit of time later in life to disappear down rabbit holes on topics upon which you were once too busy to explore. For me, this has meant returning to the opening up of America’s West with the added advantage of half a century of life and legal experience.

My formative youth was actually split between south London and Edinburgh suburbs. However, in our imagination, my two brothers and I actually spent a lot of time in Montana, Wyoming and the like. I doubt if any of us knew at the time—or could say to this day—exactly where these are. Nor did we have much sense of the reality of the actual violence behind our obsession. We were all sons of a father who had been a conscientious objector in the War. In retrospect, he must have despaired at our bedrooms re-purposed as armouries of Colt revolvers and Winchester rifles in plastic form.

History re-imagined

The fascinating thing about revisiting this lost territory of youth is excavating the layers of myth. The famous

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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