Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- 14th Amendment (1)
- Biography (1)
- Choice of law (1)
- Civil rights (1)
- Conflict of Laws (1)
-
- Conflicts of law (1)
- Constitutional Law (1)
- Fourteenth Amendment (1)
- Individual liberty (1)
- Judges (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Legal History (1)
- Lemuel Shaw (1)
- Massachusetts Declaration of Rights (1)
- Personal jurisdiction (1)
- Practice and Procedure (1)
- State and Local Government Law (1)
- State constitutional law (1)
- Supreme judicial court (1)
- United States Supreme Court (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Judges
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
Charles H. Baron
In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …
The Battle For The Soul Of International Shoe, Eric H. Schepard
The Battle For The Soul Of International Shoe, Eric H. Schepard
Eric H Schepard
In 2011, Justice Kennedy’s plurality opinion in J. McIntyre Machinery, Ltd. v. Nicastro repeatedly cited International Shoe v. Washington, a 1945 decision that transformed the law of personal jurisdiction. Kennedy believed that International Shoe broadly supported his position that a state may hear a suit arising from a within-state workplace injury to its citizen only if the foreign (out-of-state) corporate defendant specifically markets its products to that state. This article reexamines the jurisprudence of International Shoe’s author, Chief Justice Harlan Fiske Stone, to argue that Kennedy hijacked International Shoe’s half-buried legacy of judicial restraint. Scholars have suggested that Stone hoped …