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Not the King's Bench Edward A
University of Minnesota Law School Scholarship Repository Constitutional Commentary 2003 Not the King's Bench Edward A. Hartnett Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Hartnett, Edward A., "Not the King's Bench" (2003). Constitutional Commentary. 303. https://scholarship.law.umn.edu/concomm/303 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. NOT THE KING'S BENCH Edward A. Hartnett* Speaking at a public birthday party for an icon, even if the honoree is one or two hundred years old, can be a surprisingly tricky business. Short of turning the party into a roast, it seems rude to criticize the birthday boy too harshly. On the other hand, it is at least as important to avoid unwarranted and exaggerated praise.1 The difficult task, then, is to try to say something re motely new or interesting while navigating that strait. The conference organizers did make it easier for me in one respect: My assignment does not involve those ideas for which Marbury is invoked as an icon. It is for others to wrestle in well worn trenches with exalted arguments about judicial review and its overgrown descendent judicial supremacy, while trying to avoid unseemly criticism or fawning praise. I, on the other hand, am to address more technical issues involving section 13 of the Judiciary Act of 1789 and its provision granting the Supreme Court the power to issue writs of mandamus. -
The Inviolability of Diplomatic Archives
THE INVIOLABILITY OF DIPLOMATIC ARCHIVES TIMMEDIATELY following Pearl Harbor, officials of the em- A bassy of the United States at Tokyo and of the Japanese embassy Downloaded from http://meridian.allenpress.com/american-archivist/article-pdf/8/1/26/2742083/aarc_8_1_k010662414m87w48.pdf by guest on 25 September 2021 at Washington destroyed their confidential diplomatic records. American Ambassador Joseph C. Grew asserted, "The moment we knew that the news of war had been confirmed I gave orders to burn all our codes and confidential correspondence."1 Huge bonfires which emanated from the grounds of the Japanese embassy at Wash- ington served as dramatic evidence that the Japanese treated their important archives similarly.2 These actions illustrate that modern states are unwilling to entrust their vital documents to the diplomatic representatives of neutral governments at the outbreak of war, even though international law and practice dictate that records so de- posited are inviolate. Such an attitude stimulates an inquiry into the extent to which diplomatic archives are considered inviolable under international law and the extent to which the principles of interna- tional law are being observed. This subject has never been adequately investigated by scholars, although it is a matter of definite im- portance to the international lawyer and diplomat on the one hand, and the historian and the archivist on the other. What are diplomatic archives? For the purposes of this paper diplomatic archives are defined as the written evidences of the -
Engaging Iran Australian and Canadian Relations with the Islamic Republic Engaging Iran Australian and Canadian Relations with the Islamic Republic
Engaging Iran Australian and Canadian Relations with the Islamic Republic Engaging Iran Australian and Canadian Relations with the Islamic Republic Robert J. Bookmiller Gulf Research Center i_m(#ÆAk pA'v@uB Dubai, United Arab Emirates (_}A' !_g B/9lu( s{4'1q {xA' 1_{4 b|5 )smdA'c (uA'f'1_B%'=¡(/ *_D |w@_> TBMFT!HSDBF¡CEudA'sGu( XXXHSDBFeCudC'?B uG_GAE#'c`}A' i_m(#ÆAk pA'v@uB9f1s{5 )smdA'c (uA'f'1_B%'cAE/ i_m(#ÆAk pA'v@uBª E#'Gvp*E#'B!v,¢#'E#'1's{5%''tDu{xC)/_9%_(n{wGLi_m(#ÆAk pA'v@uAc8mBmA' , ¡dA'E#'c>EuA'&_{3A'B¢#'c}{3'(E#'c j{w*E#'cGuG{y*E#'c A"'E#'c CEudA%'eC_@c {3EE#'{4¢#_(9_,ud{3' i_m(#ÆAk pA'v@uBB`{wB¡}.0%'9{ymA'E/B`d{wA'¡>ismd{wd{3 *4#/b_dA{w{wdA'¡A_A'?uA' k pA'v@uBuCc,E9)1Eu{zA_(u`*E @1_{xA'!'1"'9u`*1's{5%''tD¡>)/1'==A'uA'f_,E i_m(#ÆA Gulf Research Center 187 Oud Metha Tower, 11th Floor, 303 Sheikh Rashid Road, P. O. Box 80758, Dubai, United Arab Emirates. Tel.: +971 4 324 7770 Fax: +971 3 324 7771 E-mail: [email protected] Website: www.grc.ae First published 2009 i_m(#ÆAk pA'v@uB Gulf Research Center (_}A' !_g B/9lu( Dubai, United Arab Emirates s{4'1q {xA' 1_{4 b|5 )smdA'c (uA'f'1_B%'=¡(/ © Gulf Research Center 2009 *_D All rights reserved. No part of this publication may be reproduced, stored in |w@_> a retrieval system, or transmitted in any form or by any means, electronic, TBMFT!HSDBF¡CEudA'sGu( XXXHSDBFeCudC'?B mechanical, photocopying, recording or otherwise, without the prior written permission of the Gulf Research Center. -
FEDERALISTS, FEDERALISM, and FEDERAL JURISDICTION This
FEDERALISTS, FEDERALISM, AND FEDERAL JURISDICTION * ALISON L. LACROIX This article sheds new light on the origins of three central obsessions of federal courts and constitutional law scholarship: the question whether lower federal courts are constitutionally required; the relative powers of Congress, the Supreme Court, and the lower federal courts to define federal jurisdiction; and judicial supremacy. The article’s central claim is that the expansion of federal judicial power to the lower federal courts was a crucial element of the Federalists’ project of building national supremacy into the structure of the Republic. Federalists such as Chief Justice John Marshall consciously used judicial doctrine to fill in where they believed Congress had fallen short in establishing federal jurisdiction. Between 1801 and 1835, most notably in Osborn v. Bank of the United States (1824), the Marshall Court carried out in caselaw what the political branches had been unable to do after the election of 1800: grant the lower federal courts the power to hear all cases arising under federal law. Judge-made doctrines therefore operated as a substitute for a legislative grant of jurisdiction, and actors in both institutions understood themselves to be in dialogue with each other. The traditional story of the Marshall Court’s nationalism has overlooked both this link between law and politics and the importance of the lower federal courts to early republican visions of the proper federal structure. *Assistant Professor of Law, University of Chicago Law School. I thank William Birdthistle, John Carson, Andrew Coan, Adam Cox, Rosalind Dixon, Tom Green, Dan Hamilton, Aziz Huq, Bill Novak, Richard Primus, Gil Seinfeld, and the participants in the University of Michigan Law School Legal History Workshop and the University of Wisconsin Discussion Group on Constitutionalism for helpful comments and discussion. -
List of Delegations to the Seventieth Session of the General Assembly
UNITED NATIONS ST /SG/SER.C/L.624 _____________________________________________________________________________ Secretariat Distr.: Limited 18 December 2015 PROTOCOL AND LIAISON SERVICE LIST OF DELEGATIONS TO THE SEVENTIETH SESSION OF THE GENERAL ASSEMBLY I. MEMBER STATES Page Page Afghanistan......................................................................... 5 Chile ................................................................................. 47 Albania ............................................................................... 6 China ................................................................................ 49 Algeria ................................................................................ 7 Colombia .......................................................................... 50 Andorra ............................................................................... 8 Comoros ........................................................................... 51 Angola ................................................................................ 9 Congo ............................................................................... 52 Antigua and Barbuda ........................................................ 11 Costa Rica ........................................................................ 53 Argentina .......................................................................... 12 Côte d’Ivoire .................................................................... 54 Armenia ........................................................................... -
The Constitution in the Supreme Court: the Powers of the Federal Courts, 1801-1835 David P
The Constitution in the Supreme Court: The Powers of the Federal Courts, 1801-1835 David P. Curriet In an earlier article I attempted to examine critically the con- stitutional work of the Supreme Court in its first twelve years.' This article begins to apply the same technique to the period of Chief Justice John Marshall. When Marshall was appointed in 1801 the slate was by no means clean; many of our lasting principles of constitutional juris- prudence had been established by his predecessors. This had been done, however, in a rather tentative and unobtrusive manner, through suggestions in the seriatim opinions of individual Justices and through conclusory statements or even silences in brief per curiam announcements. Moreover, the Court had resolved remark- ably few important substantive constitutional questions. It had es- sentially set the stage for John Marshall. Marshall's long tenure divides naturally into three periods. From 1801 until 1810, notwithstanding the explosive decision in Marbury v. Madison,2 the Court was if anything less active in the constitutional field than it had been before Marshall. Only a dozen or so cases with constitutional implications were decided; most of them concerned relatively minor matters of federal jurisdiction; most of the opinions were brief and unambitious. Moreover, the cast of characters was undergoing rather constant change. Of Mar- shall's five original colleagues, William Cushing, William Paterson, Samuel Chase, and Alfred Moore had all been replaced by 1811.3 From the decision in Fletcher v. Peck4 in 1810 until about 1825, in contrast, the list of constitutional cases contains a succes- t Harry N. -
Joseph Story: the Age of Jackson
Missouri Law Review Volume 34 Issue 3 Summer 1969 Article 1 Summer 1969 Joseph Story: The Age of Jackson Gerald T. Dunne Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Gerald T. Dunne, Joseph Story: The Age of Jackson, 34 MO. L. REV. (1969) Available at: https://scholarship.law.missouri.edu/mlr/vol34/iss3/1 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Dunne: Dunne: Joseph Story JOSEPH STORY: THE AGE OF JACKSON* GERALD T. DUNNE"* Dedication: To Bray Hammond 20 November 1886-20 July 1968 [O]ne of these rare and happy spirits who elude the traps which ensnare the rest of us; one of those finer minds, wncommitted to narrow intellectual categories, who contributed a new interpretation to American history. He is one whose "works do follow them." Reverend Paul Rahmeier, Chaplain at Dartmouth College, Memorial Service, August 26, 1968. I. Two INAUGURALS A. King Mob One Justice had been injured in an upsetting of a stagecoach, another was ill, and a third was beset by the infirmities of age. As a consequence of these and other mishaps the 1829 Term of the Supreme Court got off to a belated start. Those who sought omens might well see in such individual misfortunes the foreshadowing of an institutional adversity, and certainly nothing in the approaching inauguration of Andrew Jackson offered much comfort to the philosophy of the Marshall Court. -
John Marshall As Chief Justice
DEFINING THE OFFICE: JOHN MARSHALL AS CHIEF JUSTICE † CHARLES F. HOBSON Credit for making the United States Supreme Court a significant player in the American scheme of government has been attributed to the masterful leadership of John Marshall, Chief Justice of the United States from 1801 to 1835. By the latter year, the Supreme Court had acquired a kind of parity with Congress and the Executive that it did not possess in 1801. Central to this development was the Court’s ap- propriation of the Constitution as its special preserve. Marshall and his brethren built up the Court’s institutional strength by successfully asserting a claim to expound the Constitution and apply it as law in the ordinary course of adjudication. Although the Chief Justice’s con- tribution to this enterprise far exceeded his proportional share as a single Justice, scholarship has long since exploded the myth of a he- roic Marshall who dominated the Supreme Court by the sheer force of his individual genius and will. Such a myth ignores the historical real- ity that Marshall’s success as Chief Justice resulted from the interplay between his exceptional leadership abilities and the peculiar circum- stances of time and place that allowed those abilities to flourish and have effect. “A great man,” Oliver Wendell Holmes famously said, “represents a great ganglion in the nerves of society, or, to vary the figure, a strategic point in the campaign of history, and part of his greatness consists in his being there.”1 Marshall, in short, was the right man in the right place at the right time. -
The Dangers of the Union by Henry Wheaton. Edited and with An
University of Minnesota Law School Scholarship Repository Constitutional Commentary 1995 The aD ngers of the Union by Henry Wheaton. Edited and with an Introduction by James E. Pfander Henry Wheaton James E. Pfander Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Wheaton, Henry and Pfander, James E., "The aD ngers of the Union by Henry Wheaton. Edited and with an Introduction by James E. Pfander" (1995). Constitutional Commentary. 401. https://scholarship.law.umn.edu/concomm/401 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. THE DANGERS OF THE UNION By Henry Wheaton Edited and With an Introduction by James E. Pfander* From May to August 1821, Henry Wheaton published The Dangers of the Union, a series of eight essays defending the Supreme Court and Chief Justice John Marshall's then recent de cision in Cohens v. Virginia.! Wheaton's essays appeared under the pseudonym "A Federalist of 1789"2 and have been a subject of some interest to students of the Marshall Court. Professor G. Edward White, for example, features the Wheaton essays in his discussion of the pamphlet wars that broke out in the wake of the Cohens decision.3 As Professor White notes,4 the Wheaton es says sought in part to counter such "Richmond Junto" critics of * Professor of Law, University of Illinois. -
Diplomatic and Consular Relations
444 Australian Year Book of Znternatio~lLaw X - DIPLOMATIC AND CONSULAR RELATIONS Diplomatic relations - establishment of diplomatic relations - Angola - Federated States of Micronesia On 2 June 1988 the Acting Minister for Foreign Affairs and Trade, Mr Duffy, issued the following news release, in part: The Acting Minister for Foreign Affairs and Trade, Mr Michael Duffy, said Australia's first Ambassador to Angola, Mr Ed Ride, had presented his credentials to President Jose Eduardo dos Santos, in the Angolan capital, Luanda, on May 30. Mr Ride, who is High Commissioner in Zambia, will have non-resident accreditation to Angola. Mr Duffy said that, though separated from Angola by a great distance, Australia had a keen interest in developments there. Australia particularly deplored South Africa's armed incursions into Angola, which were a blatant violation of Angola's sovereignty and territorial integrity. "The Australian Government hopes that recent diplomaticmoves will lead to a just and peaceful settlement in Angola," he said. On 25 October 1989 the Minister for Foreign Affairs and Trade, Senator Gareth Evans, issued a news release which stated in part: The Minister for Foreign Affairs and Trade, Senator Gareth Evans, today announced the appointment of Mr Ken Braze1 as Australia's first Ambassador to the Federated States of Micronesia (FSM). In 1987, Australia was the first country, other than the United States, to establish diplomatic relations with the FSM when the Australian Consul- General in Honolulu was appointed non-resident Minister to the FSM. Mr Brazel's appointment follows the announcement in July by Senator Evans, during his visit to the FSM, that Australia would establish an embassy in the capital, Pohnpei. -
Dilemma of the American Lawyer in the Post-Revolutionary Era, 35 Notre Dame L
Notre Dame Law Review Volume 35 | Issue 1 Article 2 12-1-1959 Dilemma of the American Lawyer in the Post- Revolutionary Era Anton-Hermann Chroust Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Anton-Hermann Chroust, Dilemma of the American Lawyer in the Post-Revolutionary Era, 35 Notre Dame L. Rev. 48 (1959). Available at: http://scholarship.law.nd.edu/ndlr/vol35/iss1/2 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. THE DILEMMA OF THE AMERICAN LAWYER IN THE POST-REVOLUTIONARY ERA Anton-Hermann Chroust* On the eve of the Revolution the legal profession in the American colonies,' in the main, had achieved both distinction and recognition. It had come to enjoy the respect as well as the confidence of the people at large. This is borne out, for instance, by the fact that twenty-five of the fifty-six signers of the Declaration of Independence, and thirty-one of the fifty-five members of the Constitutional Convention were lawyers. Of the thirty-one lawyers who attended the Constitutional Convention, no less than five had studied law in England.2 The American Revolution itself, directly and indirectly, affected the legal profession in a variety of ways. First, the profession itself lost a considerable number of its most prominent members; secondly, a bitter antipathy against the lawyer as a class soon made itself felt throughout the country; thirdly, a strong dislike of everything English, including the English common law became wide- spread; and fourthly, the lack of a distinct body of American law as well as the absence of American law reports and law books for a while made the administra- tion of justice extremely difficult and haphazard. -
Comr10n LAI'i COPYRIGHT for TEACHERS
COMr10N LAI'I COPYRIGHT FOR TEACHERS JAMES E, COOK I. 'INTRODUCTION Copyright is a limited monopoly in a form of expression which resides in the author of a wrli ting. l The authority of the federal government to grant copyright protection is found in the Constitu- tion, Article I, section 8, clause 8, which empowers Congress "To promote the progress of science and th'e useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." In speaking of this clause, James Madison wrote, "The utility of this power will scarcely be questioned. n2 But, he also went on to say that copy right "has been adjudged, in Great Britain, to be a right of common law."3 And, common law is, indeed, an important source of copy- right protection in the United States as well. The Copyright Act, section 2, provides: Nothing in this title shall be construed to annul or limit the right of the author or pioprietor of an unpublished work, at common law or in equity, to pre vent the copying, publication, or use of such unpub lished work without his consent, and to -obtain damages therefor. 4 - It should be noted that this section exempts only unpublished works from the formalities of the Copyright Act. After "publica- tion," a term of art in copyright law, the author's sole protec- tion is that afforded by the federal statute. Thus, in one sense, common law copyright is more limited than is statutory copyright. But, there are other facets to common law protection of literary property, and it is the aim of this paper to give a 2 brief treatment of some of them.