Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (74)
- Supreme Court of the United States (41)
- Courts (21)
- Legislation (19)
- Legal History (16)
-
- Public Law and Legal Theory (15)
- Civil Rights and Discrimination (13)
- State and Local Government Law (13)
- Law and Politics (12)
- Judges (11)
- President/Executive Department (10)
- Comparative and Foreign Law (9)
- Election Law (7)
- Law and Race (7)
- Jurisdiction (6)
- Jurisprudence (6)
- Rule of Law (6)
- Family Law (5)
- Food and Drug Law (5)
- Criminal Law (4)
- Fourteenth Amendment (4)
- Law and Gender (4)
- Admiralty (3)
- Business Organizations Law (3)
- Common Law (3)
- Conflict of Laws (3)
- Human Rights Law (3)
- International Law (3)
- Labor and Employment Law (3)
- Institution
Articles 91 - 98 of 98
Full-Text Articles in Law
The Element Of Locality In The Law Of Criminal Jurisdiction, Henry W. Rogers
The Element Of Locality In The Law Of Criminal Jurisdiction, Henry W. Rogers
Articles
THE Federal Courts have no common law criminal jurisdiction. The question was raised in the United States Circuit Court for the District of Pennsylvania, in 1798, in United States v. Worrall, 2 Dallas, 384, and the Court was equally divided in opinion. Iii 1818, Mr. Justice STORY, in United States v. Coolidge, 1 Gallison, 488, decided that there were common law offences against the United States. But this, as we shall see, was overruled by the Supreme Court. As early as 1807, Chief Justice MARSHALL, in Ex parte .Bollman, 4 Cranch, 75, had said, "This Court disclaims all jurisdiction not …
The Abnegation Of Self-Government, Thomas M. Cooley
The Abnegation Of Self-Government, Thomas M. Cooley
Articles
The fundamental idea underlying the government of every State of the American Union is that the people rule. Upon this the American people have erected their constitutional structure, and to thi!J thcir laws and their conduct are supposed to conform. Their constitutions, State and National, tho they may be said to have grown out of their circumstances, were not forced upon them by the circumstances, and simply accepted with little or no volition on their part, as has very commonly been the case with government in other countries; but the controlling principle was adopted deliberately by them, from a conviction …
The Limits To Legislative Power In The Passage Of Curative Laws, Thomas M. Cooley
The Limits To Legislative Power In The Passage Of Curative Laws, Thomas M. Cooley
Articles
There has always been some regret that, when the Federal judiciary was called upon to interpret and apply the prohibition in the Constitution of ex post facto laws,1 it did not reach the condlusion that retrospective laws were forbidden, as well where they applied to civil rights as when they concerned criminal liabilities or penalties. The famous twenty-ninth chapter of the great charter placed the protection of liberty and property upon the same basis, and the power to reach the one by indirection is subject to the same objections in principle, that could be urged against the power to reach …
The Surrender Of Fugitives From Justice, Thomas M. Cooley
The Surrender Of Fugitives From Justice, Thomas M. Cooley
Articles
The Constitution of the United States provides that "a person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." The act of Congress of 1793 imposed the duty of surrender upon the executive of the State in which the fugitive should be found, and provided the manner in which the charge of crime should be authenticated for his action. It …
The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt
The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt
Articles
Twice in the history of the United States the nation has been brought to the verge of civil war by difficulties growing out of presidential elections. And yet no system was ever devised with more care to preclude any reasonable complaint.
Extradition, Thomas M. Cooley
Extradition, Thomas M. Cooley
Articles
The policy of returning for trial and punishment the criminal of one country who has escaped to another, is not less manifest than its justice. It would seem, therefore, that there ought to be no great difficulty in agreeing upon the proper international regulations for the purpose. This, ho:wever, has until recently been practically an impossibility. While the leading nations of Christendom were engaged for a very large proportion of the time in inflicting upon each other all the mischief possible, it was not to be expected that they would be solicitous to assist in the enforcement of their respective …
The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley
The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley
Articles
A short time ago, the whole country was plunged into a condition of anxiety and excitement by the conflicting claims to the executive authority in one of the States, and by the preparations made, and measures set on foot, to support them.
Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent
Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent
Articles
The judiciary has no power to declare a law unconstitutional unless it conflicts with some provision of the State or Federal Constitution. It will be the purpose of this article to show the reasonableness and meaning of this principle.