Download or read book The Role of Circuit Courts in the Formation of United States Law in the Early Republic written by David Lynch and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.
Download or read book The Role of Circuit Courts in the Formation of United States Law in the Early Republic written by David Lynch (Judge) and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the ‘inferior courts’ upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.--
Download or read book The Role of the Circuit Courts in the Development of Federal Justice and the Shaping of United States Law in the Early Republic written by David Lynch and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative History of the United States Circuit Courts of Appeals and the Judges who Served During the Period 1801 Through March 1958 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1958 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative History of the U S Circuit Courts of Appeals and the Judges who Served During the Period 1801 Through March 1958 85 2 written by United States. Congress. Senate. Judiciary and published by . This book was released on 1958 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Calmly to Poise the Scales of Justice written by Jeffrey Brandon Morris and published by . This book was released on 2001 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first full-scale history of two of the nation's most important courts: the U.S. Court of Appeals for the District of Columbia Circuit (often called the nation's "second most important court") and the U.S. District Court for the District of Columbia. The Court of Appeals has become the undisputed chief tribunal for administrative law in the United States and is the court to which Presidents often look when appointing Supreme Court justices. The District Court has become the principal venue for oversight of the executive branch of the federal government. Morris considers the factors that have influenced the development of each court; portrays the most influential of their judges; and considers the most important decisions and cases lines of each court.
Download or read book The Role of Circuit Courts in the Formation of United States Law in the Early Republic written by David Lynch and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.
Download or read book A History of the United States Court of Appeals for the Eighth Circuit written by Theodore J. Fetter and published by . This book was released on 1977 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proceedings of the Bench and Bar of the Circuit Court of the United States District of Maine September 28 1878 written by United States. Circuit Court (1st Circuit) and published by . This book was released on 1878 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Justice in the Mid Atlantic South written by Peter Graham Fish and published by . This book was released on 2002 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also probed is the part played by the early federal courts in America's neutrality-based foreign policy and in promoting economic enterprise by affording national forums for credit transactions, for corporations, for patent claimants, for those who suffered losses on the sea including maritime labor, and for real property owners and claimants. Political and social control issues, some of historic significance, reached the courts in the mid-Atlantic South. Professor Fish treats the national security impulses that dominated the seditious libel trial of James Callender, the treason trial of Aaron Burr, and the trials of numerous privateers-pirates for violating the nation's piracy and neutrality laws including the first capital case heard by a regularly constituted circuit court. The author explores judges' invocation of higher law, their embrace of a common law of crimes and their perplexity in construing uncertain language in statutes prohibiting the international slave trade.
Download or read book Establishing Justice in Middle America written by Jeffrey Brandon Morris and published by U of Minnesota Press. This book was released on with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Headquartered in St. Louis and serving primarily Midwestern states, the Eighth Circuit Court has ruled on cases that touch some of the most significant issues in American history, including Native American rights, school segregation, farm bankruptcies, abortion, the environment, pornography, the “war on drugs,” and the first successful class-action sexual-harassment lawsuit. In Establishing Justice in Middle America, Jeffrey Brandon Morris covers its history, from its founding in 1866 through the present day. Morris also provides a panoramic view, discussing how the court has changed over time, the judges who have served on the court, and all of the court’s major cases. This work is one of the first histories of a court in the mostly regional tier of federal courts that are, judicially speaking, nearest to the Supreme Court. Establishing Justice in Middle America reveals how, in many ways, the history of a regional court is a history of the nation itself. Jeffrey Brandon Morris is professor of law at Touro Law Center in Long Island, New York. He is the author or editor of sixteen books, including histories of four federal courts, and is editor of the Encyclopedia of American History. Published for the Historical Society of the United States Courts in the Eighth Circuit.
Download or read book Judicial Politics in the D C Circuit Court written by Christopher P. Banks and published by JHU Press. This book was released on 1999 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this new book, political scientist Christopher Banks explains that this unique role evolved largely as a result of the politics of the nation's capital." "Because there are few books on circuit courts and their impact upon national politics and law, Judicial Politics in the D.C. Circuit Court will be a welcome addition to the literature. It is a book for political scientists, legal scholars, and students."--BOOK JACKET.
Download or read book History of the Federal Courts written by Erwin C. Surrency and published by . This book was released on 2002 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering text presents, in one single volume, the history of the federal courts since their establishment in 1789 and the changes that have occurred in the 200 years since. The author examines the historical context from which the federal court system grew and explores the expansion of the court system in response to procedural, conceptual, and historical influences. The evolution of the different types of federal courts through time is of particular focus, along with the growth of the jurisdiction of the federal courts and the changes to the procedure before the Supreme Court over time. To understand judicial history, it is important to appreciate the nuances of procedure and legal terminology at a particular time. For this reason, the author adheres to the use of the terms of law and procedure understood during the period under discussion. For example, a term such as 'circuit court' is used in its context as a trial court prior to 1911 and again in the context of today's "Circuit Court of Appeals." Specific chapters include: - The Prelude to the Establishment - Federal Courts Under the Articles of Confederation - The Establishment of the Federal Courts - The Organization of the Circuits - Judicial Legislation - Growth of Federal Jurisdiction - Growth of Federal Criminal Jurisdiction - Civil Procedure in the Federal Courts - Bankruptcy in American Law - Criminal Procedure in the Federal Courts - Development of the Appellate Review - Procedure Before the United States Supreme Court - Federal Judges - Courts in the District of Columbia
Download or read book Federal Courts in the Early Republic written by Mary K. Bonsteel Tachau and published by . This book was released on 2015-02-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the basis of both civil and criminal suits, some private and some brought by the government, Professor Tachau demonstrates that the federal courts in Kentucky were immediately accessible, visible, and deeply involved in the lives of the people. The actual legal practice revealed in the records thus contradicts much of the conventional wisdom and traditional assumptions about the "inferiority" of the lower federal judiciary and suggests that a major revision of American legal and constitutional history may be in order. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Download or read book The Documentary History of the Supreme Court of the United States 1789 1800 The justices on circuit 1790 1794 written by Maeva Marcus and published by Columbia University Press. This book was released on 1985 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 2 details the workings of the Court's experimental practice of sending Justices around the country to serve as judges at sessions of the various federal circuit courts. The documents in this volume reveal that the justices quickly voiced bitter complaints about the demands of their circuit duties. They also questioned the propriety--and perhaps constitutionality--of assigning the same individuals to act as superior and inferior court judges. The documents in this volume also touch upon topics that figured prominently in the law and politics of the era: neutrality, the boundary between state and federal crimes, the constitutional prohibition against impairing the obligations of contracts, and the relationship between law and morality.
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 Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit Volume 2 written by Charles Sumner and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of legal opinions and analysis on cases decided in the Circuit Court of the United States for the First Circuit (Maine, Massachusetts, New Hampshire, and Rhode Island) during the mid-1800s. It provides insights into the legal issues facing the region and the country during this period, and offers valuable historical context for contemporary legal debates. Whether you are a legal scholar, practitioner, or interested in the history of American law, this book is an important resource. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.