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Full-Text Articles in Legal History

Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian Jan 1999

Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian

Michigan Journal of International Law

This article explores the nineteenth-century conflict over Supreme Court review and discusses its implications for today's debate on the WTO. Congress granted the Court appellate jurisdiction over state courts in one of its earliest pieces of legislation, the Judiciary Act of 1789. The first serious challenge to that jurisdiction occurred about a quarter-century later, however, in connection with the Court's famous opinion in Martin v. Hunter's Lessee. The conflict continued episodically for the next four decades, with several states refusing to acknowledge the Court's jurisdiction in particular cases, and ended only with the Civil War, which ...


The Boundaries Of Private Property, Michael A. Heller Jan 1999

The Boundaries Of Private Property, Michael A. Heller

Articles

If your house and fields are worth more separately, divide them; if you want to leave a ring to your child now and grandchild later, split the ownership in a trust. The American law of property encourages owners to subdivide resources freely. Hidden within the law, however, is a boundary principle that limits the right to subdivide private property into wasteful fragments. While people often create wealth when they break up and recombine property in novel ways, owners may make mistakes, or their self-interest may clash with social welfare. Property law responds with diverse doctrines that prevent and abolish excessive ...


Taking Decisions Seriously, Richard D. Friedman Jan 1999

Taking Decisions Seriously, Richard D. Friedman

Reviews

The New Deal era is one of the great turning points of American constitutional history. The receptivity of the Supreme Court to regulation by state and federal governments increased dra- matically during that period. The constitutionalism that prevailed before Charles Evans Hughes became Chief Justice in 1930 was similar in most respects to that of the beginning of the twen- tieth century. The constitutionalism that prevailed by the time Hughes’ successor Harlan Fiske Stone died in 1946 is far more related to that of the end of the century. How this transformation occurred is a crucial and enduring issue in ...