Now showing items 1-10 of 36
Early Supreme Court Justices' Most Significant Opinion
(Ohio Northern University Law Review, 2002)
The early Supreme Court Justices decided many cases before Marbury v. Madison, but only one of their earlier opinions has enduring significance. In 1793, President George Washington and his Cabinet were embroiled in the ...
Two Advisory Opinions by Chief Justice Oliver Ellsworth
(Green Bag, 2003)
Today advisory opinions are anathema to the federal judiciary, but the early justices of the Supreme Court were not so loath to provide extrajudicial advice to the Executive Branch. In 1796, Ellsworth wrote an advisory ...
Our Unwritten Constitution and Proposals for a Same-Sex Marriage Amendment
(Creighton Law Review, 2005)
The U.S. Supreme Court’s opinions in Lawrence v. Texas and Goodridge v. Department of Public Health have sparked interest in amending the United States Constitution to address the issue of same-sex marriages. Whether a ...
Executive Advisory Opinions and the Practice of Judicial Deference in Foreign Affairs Cases
(George Washington Law Review, 2005)
During the first decade under the U.S. Constitution, Supreme Court justices frequently provided the president and the executive branch with independent legal advice on a wide range of issues. Nevertheless, in 1793 when ...
There Were Great Men Before Agamemnon
(Vanderbilt Law Review, 2009)
This essay theorizes that Supreme Court Justice James Iredell’s explanation and justification of the doctrine of judicial review is more masterful than that of Chief Justice Marshall’s. However, the movement towards legal ...
Book Review of Maeva Marcus' The Documentary History of the Supreme Court of the United States, 1789-1800, Vol. 6: Cases, 1790-1795
(American Journal of Legal HistoryAmerican Journal of Legal History, 2000)
Professor Casto reviews Maeva Marcus's sixth volume of The Documentary History of the Supreme Court.
Advising Presidents: Robert Jackson and the Destroyers-For-Bases Deal
(American Journal of Legal History, 2012)
In recent years, the process of providing legal advice at the highest levels of government has sparked significant controversies. The present article uses advice given to President Franklin Roosevelt by Attorney General ...
The Federal Courts' Protective Jurisdiction Over Torts Committed in Violation of The Law of Nations
(Connecticut Law Review, 1986)
The thesis of this article is that section 1350 (of the Judicial Code) should be construed as liberally as possible. Although there is no need to limit Alien Tort Claim litigation, a liberal construction of section 1350 ...
The First Congress's Understanding of Its Authority Over The Federal Courts' Jurisdiction
(Boston College Law Review, 1985)
This note discusses the historical basis for congressional control of federal court jurisdiction. Professor Casto considers the system of federal courts created by the first Congress, giving special emphasis to the private ...
'Dear Sister Antillico...': The Story of Kirksey V. Kirksey
(Georgetown Law Journal, 2006)
Notwithstanding the surprising paucity of judicial citations, Kirksey truly is a famous case. Most first-year students and all contracts professors know the case's story of personal tragedy, good intentions gone awry, ...