Now showing items 1-10 of 36
Origins of Federal Admiralty Jurisdiction in an Age of Privateers, Smugglers, and Pirates
(American Journal of Legal History, 1993)
The purpose of this essay is to provide a glimpse of a world of admiralty litigation quite foreign to the late twentieth century experience. In this forgotten world there was a clear consensus on the need to create federal ...
Foreign Affairs Crises and the Constitution's Case or Controversy Limitation: Notes from the Founding Era
In theory the federal courts might play a significant role in formulating foreign policy and in resolving disputes related to foreign policy, but from the earliest days of the Republic, they seldom have. Instead federal ...
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 ...
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 ...
Notes on Official Immunity in ATS Litigation
(Fordham Law Review, 2011)
In Samantar v. Yousuf, the U.S. Supreme Court held that foreign officials sued under the Alien Tort Statute (ATS) are not the same as a foreign state and are not entitled to the protection of the Foreign Sovereign Immunity ...
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 ...
If Men Were Angels
(Harvard Journal of Law and Public Policy, 2012)
This article reviews Scott Gerber’s A Distinct Judicial Power, a wonderful exploration of the separation of powers and an independent judiciary.
'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, ...