Download or read book The International Law of John Marshall written by Benjamin Munn Ziegler and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law in the U S Supreme Court written by David L. Sloss and published by Cambridge University Press. This book was released on 2012-08-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law, and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century was a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.
Download or read book Without Precedent written by Joel Richard Paul and published by Penguin. This book was released on 2018 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A portrait of the influential chief justice, statesman, and diplomat illuminates his pivotal role in the establishment of the Constitution and Supreme Court and recounts his work as an advisor to multiple presidents.
Download or read book John Marshall and International Law written by Frances Rudko and published by Praeger. This book was released on 1991-10-30 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: During his thirty-five years as Chief Justice of the Supreme Court, John Marshall wrote the opinions in 80 cases involving international law issues. But unlike other scholars who have claimed that Marshall's education in international law came from these cases, Frances Howell Rudko argues that Marshall was intensively schooled in international law issues in the period between 1793 and 1801. In this work, she explores these crucial years in Marshall's life, and demonstrates that most of the key principles he applied in his international law cases were learned during his pre-Court days. Rudko focuses her study on Marshall's experiences in the eight years prior to his appointment to the Supreme Court, when the events following the Proclamation of Neutrality ushered him into the national political arena. Four episodes from this period are carefully examined and are shown to have provided the foundation for his understanding of international law. They are his appearance before the Supreme Court as debtors' counsel in the case against pre-Revolutionary British creditors; his role in representing the United States in a critical diplomatic mission to France; his time spent in the House of Representatives; and his direction of U.S. foreign policy during his tenure as Secretary of State. These experiences presented Marshall with a daily look at both the realities of international relations and the specifics of international law, and introduced him to many of the issues he would later face as Chief Justice. Students and scholars of American history, the Supreme Court, and political science will find this to be an indispensable work, as will most public, college, and university libraries.
Download or read book International Law and United States Law written by John Marshall Rogers and published by Ashgate Publishing. This book was released on 1999 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public international law is a system of binding obligations in international relations. This accessible volume identifies, explains, and justifies the generally accepted role of public international law in the application of United States law by United States courts. It rejects the trendy idea of international law as a sort of "super-constitution" that "controls" the President or Congress; it also rejects the opposite extreme, that international law is no more than a policy consideration for the courts to consider. The middle position is justified by a careful balancing of two important national interests: constitutional separation of powers, and the ability of the United States to benefit from international law. "International law and United States law" is descriptive with respect to the overarching principles of public international law and US constitutional law, yet critical with respect to applications of (and failures to apply) public international law in specific cases. This authoritative work is an invaluable tool for judges and lawyers who rarely encounter international law, and also for students and others interested in the role of international law.
Download or read book The Earth Is Red written by Roberta Carol Harvey and published by . This book was released on 2021-10-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1823, United States Supreme Court Chief Justice John Marshall, based on his analysis of custom, not precedential law, proclaimed the "Doctrine of Discovery" as the supreme law of the land in the case, Johnson v. M'Intosh. This "doctrine" held that whichever European nation first "discovered" land, then not ruled by a Christian prince or people, could claim ownership. From President Washington on it was a foregone conclusion that America's legacy was a continental empire. Indigenous people in this New World, as it was called, were a mere obstacle to be eliminated or moved out of the way of colonial settlers in their westward expansion from coast to coast. The Johnson case followed Chief Justice Marshall's earlier opinion in 1810 that states owned all of the land within their boundaries, regardless of whether it was inhabited by indigenous peoples. It led the southern states to sell indigenous land, pass legislation incorporating it into their counties and abrogate indigenous national sovereignty. The federal government faced the real threat of these southern states seceding from the union if their land-grabbing was thwarted. Transforming indigenous peoples to tenants on their land made it easier to breach solemn treaties the government had entered into with sovereign polities. It made it possible to acquire millions and millions of acres of land. What followed was the loss of indigenous lives, land, game and valuable natural resources, along with the federal government imposing brutal economic sanctions and destructive assimilation policies. Thus, the United States acquired an empire at fire sale, rock-bottom prices, or without compensation at all, facilitated by Chief Justice Marshall's decisions in two heinous, feigned cases.
Download or read book The Law of Nations and the United States Constitution written by Anthony J. Bellia (Jr) and published by Oxford University Press. This book was released on 2017 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of nations and the Constitution -- The law merchant and the Constitution -- The law of state-state relations and the Constitution -- The law of state-state relations in federal courts -- The law maritime and the Constitution -- Modern customary international law -- The inadequacy of existing theories of customary -- Judicial enforcement of customary international law against foreign nations -- Judicial enforcement of customary international law against the United States -- Judicial enforcement of customary international law against U.S. states
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Download or read book John Marshall and the Constitution written by Edward Samuel Corwin and published by . This book was released on 1919 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book John Marshall written by Richard Brookhiser and published by Basic Books. This book was released on 2018-11-13 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The life of John Marshall, Founding Father and America's premier chief justice In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the United States. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Supreme Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again. Through three decades of dramatic cases involving businessmen, scoundrels, Native Americans, and slaves, Marshall defended the federal government against unruly states, established the Supreme Court's right to rebuke Congress or the president, and unleashed the power of American commerce. For better and for worse, he made the Supreme Court a pillar of American life. In John Marshall, award-winning biographer Richard Brookhiser vividly chronicles America's greatest judge and the world he made.
Download or read book Justice among Nations written by Stephen C. Neff and published by Harvard University Press. This book was released on 2014-02-18 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
Download or read book The Great Chief Justice written by Charles F. Hobson and published by . This book was released on 1996 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: "John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Download or read book An Address by John A Shauck Chief Justice of the Supreme Court of Ohio on John Marshall written by John Allen Shauck and published by . This book was released on 1901 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Address by John A Shauck on John Marshall written by John Allen Shauck and published by . This book was released on 1901 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Death of Treaty Supremacy written by David Sloss and published by Oxford University Press. This book was released on 2016 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.
Download or read book The Life of John Marshall written by Albert Jeremiah Beveridge and published by . This book was released on 1919 with total page 1362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Life of John Marshall The building of the nation 1815 1835 written by Albert Jeremiah Beveridge and published by . This book was released on 1919 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
