The role of circuit courts in the formation of United States law in the early Republic : following Supreme Court Justices Washington, Livingston, Story, and Thompson / David Lynch.
2018
KF8750 .L96 2018 (Mapit)
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Title
The role of circuit courts in the formation of United States law in the early Republic : following Supreme Court Justices Washington, Livingston, Story, and Thompson / David Lynch.
Imprint
Oxford ; Portland, Oregon : Hart Publishing, 2018.
Description
xxi, 233 pages ; 24 cm
Formatted Contents Note
The Supreme Court Justices and the circuit experiment
The federal circuit courts : shaping local and national justice for an emerging Republic
Bushrod Washington : the role of precedent and the preservation of vested interests
Henry Brockholst Livingston : consolidating mercantile law
Joseph Story : admiralty expertise and the importation of common law
Justice Smith Thompson : promoting commerce, state sovereignty, and the protection of the Cherokee Nation.
The federal circuit courts : shaping local and national justice for an emerging Republic
Bushrod Washington : the role of precedent and the preservation of vested interests
Henry Brockholst Livingston : consolidating mercantile law
Joseph Story : admiralty expertise and the importation of common law
Justice Smith Thompson : promoting commerce, state sovereignty, and the protection of the Cherokee Nation.
Summary
"While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the court in the early republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices-Washington, Livingston, Story, and Thompson-as presiding judges of their respective circuit courts during the Marshall era in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It covers 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew, and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political, and economic issues facing the Union, and they demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the court and, in the case of Justices Livingston and Thompson, also during their time on the New York State Supreme Court."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 206-218) and index.
Location
STA
Available in Other Form
Online version: Lynch, David (Judge). Role of circuit courts in the formation of United States law in the early Republic. OXFORD [UK] ; Portland, Oregon : Hart Publishing, 2018
Call Number
KF8750 .L96 2018
Language
English
ISBN
9781509910854 (hardback)
1509910859
9781509910878 (ePDF)
9781509910861 (ePub)
1509910859
9781509910878 (ePDF)
9781509910861 (ePub)
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