Florida's Other Courts

Florida's Other Courts
Author: Robert M. Jarvis
Publisher: University Press of Florida
Total Pages: 223
Release: 2018-02-12
Genre: Law
ISBN: 081305222X

"Addresses fascinating aspects of obtaining justice in Florida: both historical court systems before Florida became a state and alternative courts operating within Florida now. Anyone with an interest in the diversity of Florida's legal past and present will find this book invaluable."--Mary E. Adkins, author of Making Modern Florida: How the Spirit of Reform Shaped a New State Constitution Pushing past the standard federal-state narrative, the essays in Florida's Other Courts examine eight little-known Florida courts. In doing so, they fill a longstanding gap in the state's legal literature. In part one, the contributors profile Florida's courts under the Spanish and British empires and during its existence as a U.S. territory and a member of the Confederate States of America. In part two, they describe four modern-era courts: those governing military personnel stationed in Florida; adherents of specific religious faiths in Florida; residents of Miami's black neighborhoods during the waning days of Jim Crow segregation; and members of the Miccosukee and Seminole Indian tribes. Including extensive notes, a detailed index, and a complete table of cases, this volume offers a new and compelling look at the development of justice in Florida.

The Spirit of the Constitution

The Spirit of the Constitution
Author: David S. Schwartz
Publisher: Oxford University Press, USA
Total Pages: 345
Release: 2019
Genre: History
ISBN: 0190699485

The Spirit of the Constitution covers the impact and reputation of both McCulloch and Justice Marshall himself throughout American history. One of the central threads of American history is the battle over the proper reach of the federal government's power, and that story cannot be told without reference to McCulloch. Schwartz's analysis of the shifting interpretations of McCulloch and Marshall over the course of American historynot only reaffirms the case's importance, it also helps us understand the circuitous process by which American constitutional law and ideology are made.

International Law in the U.S. Supreme Court

International Law in the U.S. Supreme Court
Author: David L. Sloss
Publisher: Cambridge University Press
Total Pages: 655
Release: 2011-04-25
Genre: Law
ISBN: 1139497863

This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role.

The Death of Treaty Supremacy

The Death of Treaty Supremacy
Author: David L. Sloss
Publisher: Oxford University Press
Total Pages: 473
Release: 2016-09-20
Genre: Law
ISBN: 0199364044

This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws; it precluded state governments from violating U.S. treaty obligations. Before 1945, treaty supremacy and self-execution were independent doctrines. Supremacy governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the President. In 1945, the U.S. ratified the UN Charter, which obligates nations to promote human rights "for all without distinction as to race." In 1950, a California court applied the Charter's human rights provisions and the traditional treaty supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had effectively abrogated Jim Crow laws throughout the South by ratifying the UN Charter. In response, conservatives mobilized support for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. The de facto Bricker Amendment created a novel exception to the treaty supremacy rule for non-self-executing (NSE) treaties. The exception permits state governments to violate NSE treaties without authorization from the federal political branches. The death of treaty supremacy has significant implications for U.S. foreign policy and for U.S. compliance with its treaty obligations.

JACKSON'S JUDGES

JACKSON'S JUDGES
Author: John Gregory Jacobsen
Publisher: Covenant Books, Inc.
Total Pages: 319
Release: 2024-10-16
Genre: History
ISBN:

During his two terms as Chief Executive, Andrew Jackson made six appointments to the United States Supreme Court, more than any nineteenth-century president. Ranging from the famous to the virtually unknown, this group together reflected what may be described as their appointer's nationalist-states' rights dual constitutional personality. They consisted of three late Marshall Court appointees: John McLean of Ohio in 1829, Henry Baldwin of Pennsylvania in 1830, and James Wayne of Georgia in 1835, and three appointments at the onset of the Taney era: Roger Taney of Maryland and Philip Barbour of Virginia in 1836, and John Catron of Tennessee in 1837. Together, these six justices transformed the Supreme Court. Although two earlier-appointed justices sat on the bench into the 1840s, and despite twelve additional appointments made under seven subsequent presidents, Jackson's judges, at least until the four wartime appointments of Abraham Lincoln, formed the core of the Taney Court. Such dominance did not equal unity, however, as Justices McLean and Wayne proved strong nationalists. Nor were Jackson's picks the Court's most extreme members of the antebellum era, for Martin Van Buren's two later appointments became the most agrarian, states-rights voices of the Taney era. Jackson's judges, like the Court itself, elude simple categorization. As a study, Jackson's Judges examines the lives and jurisprudence of his six Supreme Court appointments. Its uniqueness lies in the framework; the subject is not the Marshall or Taney Court, but Jackson's judges. Joining judicial biography with case analysis, the study examines each justice in separate chapters, forming six largely self-contained, legal-focused biographies. Analysis includes personal information, political connections, and jurisprudential background and credentials. The heart of each chapter is an in-depth analysis of the subject's most profound or trademark opinion. Each justice is then considered for his contribution to constitutional history. Following a survey of the Marshall and Taney Courts is an analysis of the life and presidency of Andrew Jackson with special emphasis on his background and relationship with judiciaries. This fascinating study shows how, through six appointments to the United States Supreme Court, Andrew Jackson reflected his own dual constitutional personality while doing more than any nineteenth-century president to shape the American nation.

Interpreting Land Records

Interpreting Land Records
Author: Donald A. Wilson
Publisher: John Wiley & Sons
Total Pages: 434
Release: 2014-11-24
Genre: Technology & Engineering
ISBN: 1118746872

Base retracement on solid research and historically accurate interpretation Interpreting Land Records is the industry’s most complete guide to researching and understanding the historical records germane to land surveying. Coverage includes boundary retracement and the primary considerations during new boundary establishment, as well as an introduction to historical records and guidance on effective research and interpretation. This new edition includes a new chapter titled “Researching Land Records,” and advice on overcoming common research problems and insight into alternative resources when official records are unavailable. Topical case studies provide helpful, plain-language descriptions of methods, problems, and resolutions, and appendices provide definitions, context, and modern interpretation of historical words and phrases. The text features exhaustive coverage and notes, with hundreds of case law citations annotated with expert insight that gives readers the complete background of the methods and techniques discussed. Boundary retracement entails the recovery of historical documents related to the original boundary, correct interpretation and analysis, and the accurate application of historic survey principles with correlation to conditions on the ground. This builds a legally-sound defense to the location of the boundary, and is crucial element to any project or transaction concerning land. Interpreting Land Records is the pre-eminent reference to help readers: Interpret historical land records, understanding their creation and documentation Become familiar with the various methods of historic surveys Overcome common research issues, including lost or corrupted records Establish boundaries free of vagueness or abstraction, with clear documentation Haphazard retracement leaves a boundary open to dispute and complicates future retracement efforts. Accuracy depends in part on quality research and the accurate interpretation of available documents. Interpreting Land Records provides comprehensive, practical guidance toward retracement based on sound evidence and technique.

The Max Planck Encyclopedia of Public International Law

The Max Planck Encyclopedia of Public International Law
Author: Rudiger Wolfrum
Publisher: Oxford University Press, USA
Total Pages: 1115
Release: 2013-03-28
Genre: Law
ISBN: 0199657912

This index to the definitive reference work on international law contains detailed references to over 1,600 articles covering the full history and breadth of public international law, as well as other information to facilitate its use, such as tables and citation lists.