Author: Publisher:
ISBN:
Category : Law
Languages : en
Pages : 41
Book Description
File No. 1387
BUCKNER v. FINLEY AND VAN LEAR, 27 U.S. 586 (1829)
Author: Washington's Heir
Author: Gerard N. MaglioccaPublisher: Oxford University Press
ISBN: 0190947047
Category : Judges
Languages : en
Pages : 297
Book Description
The first biography of George Washington's extraordinary nephew, who inherited Mount Vernon and was Chief Justice John Marshall's right-hand man on the Supreme Court for nearly thirty years. George Washington's nephew and heir was a Supreme Court Justice for over thirty years and left an indelible mark on American law. Despite his remarkable life and notable lineage, he is unknown to most Americans because he cared more about establishing the rule of law than about personal glory. In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War, served in Virginia's ratifying convention for the Constitution, and was Chief Justice John Marshall's partner in establishing the authority of the Supreme Court. Though he could only see from one eye, Justice Washington wrote many landmark decisions defining the fundamental rights of citizens and the structure of the Constitution, including Corfield v. Coryell--an influential source for the Congress that proposed the Fourteenth Amendment. As George Washington's personal heir, Bushrod inherited both Mount Vernon and the family legacy of owning other people, one of whom was almost certainly his half-brother or nephew. Yet Justice Washington alone among the Founders was criticized by journalists for selling enslaved people and, in turn, issued a public defence of his actions that laid bare the hypocrisy and cruelty of slavery. An in-depth look at Justice Washington's extraordinary story that gives insight into his personal thoughts through his own secret journal, Washington's Heir sheds new light not only on George Washington, John Marshall, and the Constitution, but also on America's ongoing struggle to become a more perfect union.
Enterprise and American Law, 1836-1937
Author: Herbert HovenkampPublisher: Harvard University Press
ISBN: 9780674038837
Category : Law
Languages : en
Pages : 470
Book Description
In this integration of law and economic ideas, Herbert Hovenkamp charts the evolution of the legal framework that regulated American business enterprise from the time of Andrew Jackson through the first New Deal. He reveals the interdependent relationship between economic theory and law that existed in these decades of headlong growth and examines how this relationship shaped both the modern business corporation and substantive due process. Classical economic theory--the cluster of ideas about free markets--became the guiding model for the structure and function of both private and public law. Hovenkamp explores the relationship of classical economic ideas to law in six broad areas related to enterprise in the nineteenth and early twentieth centuries. He traces the development of the early business corporation and maps the rise of regulated industry from the first charterbased utilities to the railroads. He argues that free market political economy provided the intellectual background for constitutional theory and helped define the limits of state and federal regulation of business behavior. The book also illustrates the unique American perspective on political economy reflected in the famous doctrine of substantive due process. Finally, Hovenkamp demonstrates the influence of economic theory on labor law and gives us a reexamination of the antitrust movement, the most explicit intersection of law and economics before the New Deal. Legal, economic, and intellectual historians and political scientists will welcome these trenchant insights on an influential period in American constitutional and corporate history.
Cases on Federal Procedure Together with Judicial Code, Equity Rules, Forms and Questionnaire
Author: Carl WheatonPublisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 784
Book Description
State courts. could not reach those cases, and, consequently, the injunction of the Constitution, that the judicial power shall be vested, would be disobeyed. It would seem, therefore, to follow, that Congress are bound to create some inferior courts, in which to vest all that jurisdiction which, under the Constitution, is ex elusively vested in the United States, and of which the Supreme Court cannot take original cognizance. They might establish one or more inferior courts; they might parcel out the jurisdiction among such courts, from time to time, at their own pleasure. But the whole judicial power of the United States should be, at all times, vested either in an original or appellate form, in some courts created under its authority. This construction will be fortified by an attentive examination of the second section of the third article. The words are the judicial power shall extend, etc. Much minute and elaborate criticism has been employed upon these words. It has been argued that they are equivalent to the words may' extend, and that extend means to widen to new cases not before within the scope of the power. For the reasons which have been already stated, we are of opinion that the words are used in an imperative sense. They import an absolute grant of judicial power. They cannot have a relative signification applicable to powers already granted; for the American people had not made any previous grant. The Constitution was for a new government, organized with new sub stantive powers, and not a mere supplementary character to a government already existing. The consideration was a compact between States; and its structure and powers were wholly unlike those of the National Government. The Constitution was an act of the people of the United States to supersede the confederation, and not to be ingrafted on it, as a stock through which it was to receive life and nourishment.
Cases and Other Materials on Federal Jurisdiction and Procedure
Author: Carl WheatonPublisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 678
Book Description
United States Reports
Author: United States. Supreme CourtPublisher:
ISBN:
Category : Courts
Languages : en
Pages : 664
Book Description
Hastings Law Journal
Author: Uniform Decisions
Author: Official Manual of the State of Missouri
Author: Missouri. Office of the Secretary of StatePublisher:
ISBN:
Category : Executive departments
Languages : en
Pages : 1516
Book Description
Backcountry Revolutionary
Author: William T. GravesPublisher: Lulu.com
ISBN: 098599990X
Category : Biography & Autobiography
Languages : en
Pages : 405
Book Description
Biography of Col. James Williams, 1740-1780, the highest ranking officer who died from wounds suffered at the Battle of Kings Mountain (October 7, 1780) during the American Revolutionary War.