John Marshall S International Law Doctrines
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The International Law Of John Marshall
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Author : Benjamin Munn Ziegler
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2006
The International Law Of John Marshall written by Benjamin Munn Ziegler and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with International law categories.
The Earth Is Red
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Author : Roberta Carol Harvey
language : en
Publisher:
Release Date : 2021-10-26
The Earth Is Red written by Roberta Carol Harvey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-26 with Law categories.
In 1823, United States Supreme Court Chief Justice John Marshall, based on his analysis of custom, not precedential law, proclaimed the "Doctrine of Discovery" as the supreme law of the land in the case, Johnson v. M'Intosh.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.
International Law And United States Law
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Author : John Marshall Rogers
language : en
Publisher: Ashgate Publishing
Release Date : 1999
International Law And United States Law written by John Marshall Rogers and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
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.
John Marshall And International Law
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Author : Frances Rudko
language : en
Publisher: Praeger
Release Date : 1991-10-30
John Marshall And International Law written by Frances Rudko and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-10-30 with Biography & Autobiography categories.
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.
Without Precedent
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Author : Joel Richard Paul
language : en
Publisher: Penguin
Release Date : 2018-02-20
Without Precedent written by Joel Richard Paul and has been published by Penguin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-20 with Biography & Autobiography categories.
The remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.
John Marshall And The Heroic Age Of The Supreme Court
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Author : R. Kent Newmyer
language : en
Publisher: LSU Press
Release Date : 2007-04-01
John Marshall And The Heroic Age Of The Supreme Court written by R. Kent Newmyer and has been published by LSU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-01 with Law categories.
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
International Law In The U S Supreme Court
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Author : David L. Sloss
language : en
Publisher: Cambridge University Press
Release Date : 2012-08-13
International Law In The U S Supreme Court written by David L. Sloss and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-13 with Law categories.
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.
Empire Emergency And International Law
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Author : John Reynolds
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-10
Empire Emergency And International Law written by John Reynolds and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-10 with Law categories.
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
Customary International Law In Times Of Fundamental Change
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Author : Michael P. Scharf
language : en
Publisher: Cambridge University Press
Release Date : 2013-05-31
Customary International Law In Times Of Fundamental Change written by Michael P. Scharf and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-31 with Law categories.
This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
The Life Of John Marshall
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Author : Albert Jeremiah Beveridge
language : en
Publisher: Cosimo, Inc.
Release Date : 2005-01-01
The Life Of John Marshall written by Albert Jeremiah Beveridge and has been published by Cosimo, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Biography & Autobiography categories.
John Marshall (1755-1835) became the fourth chief justice of the U.S. Supreme Court despite having had almost no formal schooling and after having studied law for a mere six weeks. Nevertheless, Marshall remains the only judge in American history whose distinction derives almost entirely from his judicial career. During Marshall's nearly 35-year tenure as chief justice, he wielded the Constitution's awe-inspiring power aggressively and wisely, setting the Supreme Court on a course for the ages by ensuring its equal position in the triumvirate of the federal government of the United States and securing its role as interpreter and enforcer of the Constitution. Marshall's judicial energies were as unflagging as his vision was expansive. This four-volume life of Marshall received wide acclaim upon its initial publication in 1920, winning the Pulitzer Prize that year, and makes fascinating reading for the lawyer, historian, and legal scholar.