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Author: David Lynch (Judge)
Publisher:
ISBN: 9781509910885
Category : LAW
Languages : en
Pages :
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Book Description
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.--
Author: David Lynch (Judge)
Publisher:
ISBN: 9781509910885
Category : LAW
Languages : en
Pages :
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Book Description
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.--
Author: David Lynch
Publisher: Bloomsbury Publishing
ISBN: 1509910867
Category : Law
Languages : en
Pages : 273
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Book Description
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.
Author: Mary K. Bonsteel Tachau
Publisher: Princeton University Press
ISBN: 1400871328
Category : Law
Languages : en
Pages : 246
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Book Description
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.
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Appellate courts
Languages : en
Pages : 188
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Book Description
Author: Theodore J. Fetter
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 122
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Book Description
Author: William R. Casto
Publisher: Univ of South Carolina Press
ISBN: 1611171695
Category : Law
Languages : en
Pages : 296
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Book Description
William R. Casto sheds a new light on America’s federal judiciary and the changing legal landscape with his detailed examination of the Supreme Court’s formative years. In a study that spans the period from the Court’s tentative beginnings through the appointment of its third chief justice, Casto reveals a judicial body quite different in orientation and philosophy from the current Supreme Court and one with a legacy of enduring significance for the U.S. legal system.rimes, the drafting of the Judiciary Act of 1789, and the adoption of judicial review.
Author: Judicial Conference of the United States. Bicentennial Committee
Publisher:
ISBN:
Category : Court administration
Languages : en
Pages : 130
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Book Description
Author: D. Kurt Graham
Publisher:
ISBN: 9780875804149
Category : History
Languages : en
Pages : 0
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Book Description
In this original study, Kurt Graham sheds light on both an understudied institution and an underappreciated period in our nation's judicial history with an examination of the federal judiciary--the district and circuit courts--during the early national period. Using Rhode Island as a case study, Graham argues that the federal judicial system exerted a significant nationalizing influence on the citizens and states of the new American nation. Graham illustrates how the federal judiciary brought a federal presence and national authority to bear in Rhode Island, a state that had resisted federal union longer than any other. Rhode Island represents an ideal example: in part because of its initial resistance to federal union--a condition that made the national presence more conspicuous--and in part because of its heavy involvement in commerce. The national government's income came from customs duties, which gave Rhode Island and the federal courts there a significance they otherwise might not have had. The federal courts in Rhode Island highlight both the localized nature of national authority and the relative strength of the national government from its inception. The district and circuit courts have lived in the shadow of the U.S. Supreme Court and have been considered "inferior" courts in every sense. Beginning with Charles Warren's groundbreaking 1922 work, The Supreme Court in United States History, legal historians have focused on the significance of the Supreme Court, its decisions, and its justices. Because of this focus, the role of the lower courts--which is where most of the federal judicial activity took place in the early republic--has gone virtually unexplored. Graham contends that the lower federal courts were instrumental in establishing and maintaining national supremacy and in steadily enhancing the power of the national government. Legal historians and scholars of the early republic will appreciate this insightful book that opens a window onto an often overlooked aspect of U.S. history.
Author: Judicial Conference of the United States. Bicentennial Committee
Publisher:
ISBN:
Category :
Languages : en
Pages : 120
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Book Description
Author: United States. Court of Appeals (1st Circuit)
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 60
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Book Description
