The Concurrent Jurisdiction Of The Federal And State Courts
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The Concurrent Jurisdiction Of The Federal And State Courts
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Author : George Chandler Holt
language : en
Publisher:
Release Date : 1888
The Concurrent Jurisdiction Of The Federal And State Courts written by George Chandler Holt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1888 with Courts categories.
The Concurrent Jurisdiction Of The Federal And State Courts
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Author : George Chandler Holt
language : en
Publisher: Palala Press
Release Date : 2015-11-19
The Concurrent Jurisdiction Of The Federal And State Courts written by George Chandler Holt and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-19 with categories.
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 was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.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.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. 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.
Courts Of Admiralty And The Common Law
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Author : Steven L. Snell
language : en
Publisher:
Release Date : 2007
Courts Of Admiralty And The Common Law written by Steven L. Snell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Admiralty categories.
Courts of Admiralty and the Common Law examines the origins of American admiralty jurisdiction. Drawing from a vast array of primary sources, ranging from Roman law to English records of the medieval and early modern periods, the author traces the development of English admiralty practice that provided the legal heritage of the new American nation. The book provides details of how the English High Court of Admiralty and its civil-law practitioners became embroiled in the struggle between Crown and Parliament in the seventeenth century, losing much of their traditional jurisdiction to the courts of common law at a time when the American colonies were just beginning to establish specialized tribunals for hearing maritime cases. With maritime jurisdiction in flux in the mother country, the Americans were free to adopt ad hoc solutions to the problem of jurisdiction, creating a system in which both the colonial common-law courts and the newly established colonial vice admiralty courts had concurrent power to adjudicate a wide range of maritime claims. Courts of Admiralty and the Common Law also sheds fresh light on the origins of the federal judiciary, showing how the debate over maritime jurisdiction was instrumental both in shaping the language of Article III of the Constitution and later in determining the structure of the federal courts in the Judiciary Act of 1789. Building upon an assortment of materials from the Constitutional Convention, the states' ratifying conventions, and other contemporary sources, the author explores the pivotal role that the debate over maritime jurisdiction played in determining the structure of the federal courts and explains the reasons underlying the first Congress' decision to grant concurrent jurisdiction over some maritime cases to the states' courts of common law. When the first Congress incorporated concurrent state/federal jurisdiction over several classes of maritime claims into the Judiciary Act of 1789, the author argues, it had not created a novel jurisdictional system, but merely had preserved the status quo established long ago in the colonial era. Congress had disregarded the dangers usually associated with two separate sets of courts interpreting the same body of substantive law, assuming that the lex maritima, as part of the law of nations, would be applied uniformly in both state and federal courts. Soon, however, both new technology, such as the introduction of steam power in maritime commerce, and changing views regarding the law of nations would challenge that assumption. As the original reasons for granting concurrent jurisdiction unraveled, American judges in the early nineteenth century sought to make overlapping jurisdiction work in a changing world. Courts of Admiralty and the Common Law concludes with an assessment of whether concurrent state/federal maritime jurisdiction continues to serve a practical purpose in the twenty-first century, examining how tensions between conflicting state and federal substantive rules may serve the greater interests of federalism and commerce. "Through his thorough account of the shipping industry's rise and fall and of the challenges admiralty jurisdiction posed to ideas about federalism, Professor Snell shows how commerce influenced the development of our unique governmental structure." -- Harvard Law Review "For those with an interest in the development in American courts of a distinct jurisdiction in cases sufficiently related to waterborne transport, this book should fit neatly between that of Prichard and Yale on the one hand and Robertson on the other. It is more comprehensive in research and perspective, synthetic in process, and thematic in design than the former. It offers more evidence than the latter and it addresses controversies that have ripened since 1970." -- Journal of Maritime Law and Commerce
Federal Digest
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Author :
language : en
Publisher:
Release Date : 1940
Federal Digest written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1940 with Law reports, digests, etc categories.
Respecting State Courts
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Author : Michael E. Solimine
language : en
Publisher: Praeger
Release Date : 1999-12-30
Respecting State Courts written by Michael E. Solimine and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-12-30 with Law categories.
Examines major issues revolving around judicial federalism in the United States.
Federal Law And Federal Courts
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Author : Henry Billings Brown
language : en
Publisher: Forgotten Books
Release Date : 2018-02-16
Federal Law And Federal Courts written by Henry Billings Brown and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-16 with Law categories.
Excerpt from Federal Law and Federal Courts: Instruction Paper In all cases mentioned in this section, excepting those affecting ambassadors and ministers, those 'of admiralty jurisdiction, and patent, copyright, or bankruptcy cases, there is a concurrent jurisdiction in the State courts, and the power of bringing suits in or removing them to the Federal courts is a privilege, but not a necessity. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
The Federal Law Reports
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Author :
language : en
Publisher:
Release Date : 1983
The Federal Law Reports written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law reports, digests, etc categories.
United States Code
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Author : United States
language : en
Publisher:
Release Date : 1952
United States Code written by United States and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1952 with Law categories.
Federal Preemption Of State And Local Law
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Author : James T. O'Reilly
language : en
Publisher: American Bar Association
Release Date : 2006
Federal Preemption Of State And Local Law written by James T. O'Reilly and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Concurrent Powers In Federal Systems
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Author : Nico Steytler
language : en
Publisher: BRILL
Release Date : 2017-01-10
Concurrent Powers In Federal Systems written by Nico Steytler and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-10 with Law categories.
Concurrency of powers is a key to governance in most federal systems. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, is the first to examine from a comparative perspective its various manifestations, reasons for emergence, and management strategies.