Hollingsworth V. Virginia
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Hollingsworth V. Virginia
''Hollingsworth v. Virginia'', 3 U.S. (3 Dall.) 378 (1798), was a case in which the United States Supreme Court ruled early in America's history that the President of the United States has no formal role in the process of amending the United States Constitution and that the Eleventh Amendment was binding on cases already pending prior to its ratification.. Background Levi Hollingsworth was a Pennsylvania merchant who owned shares in the Indiana Company, which was heavily involved in land speculation. The Indiana Company was seeking to resolve a land claim with the state of Virginia regarding land in what is now West Virginia.Marcus, Maeva. Suits Against States', pp. 274-289 (Columbia U. Press 1994). Hollingsworth replaced a previous plaintiff in the case, a Virginian named William Grayson. This replacement was made when the U.S. Supreme Court decided in ''Chisholm v. Georgia'' (1793) that a state could be sued in federal court by a citizen of another state; Hollingsworth was fr ...
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Alexander Dallas (statesman)
Alexander James Dallas (June 21, 1759 – January 16, 1817) was an American statesman who served as the 6th United States Secretary of the Treasury from 1814 to 1816 under President James Madison. Early life Dallas was born in Kingston, Jamaica, to Dr. Robert Charles Dallas and Sarah Elizabeth (Cormack) Hewitt. His brother was Robert Charles Dallas, who wrote a history of the Jamaican Maroons. Dr Dallas bought the Boar Castle estate on the Cane River, Jamaica in 1758, changing its name to Dallas Castle. This property included 900 acres and 91 slaves. Dr Dallas left the island in 1764, having mortgaged the estate and put it in a trust. When Alexander was five, his family moved to Edinburgh and then to London. There he studied under James Elphinston, a Scottish educator and linguist. He planned to study law, but was unable to afford it. In 1780, Alexander married Arabella Maria Smith (1761–1837) of Pennsylvania. Arabella came from a family lineage with prominent connections to ...
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Samuel Chase
Samuel Chase (April 17, 1741 – June 19, 1811) was a Founding Father of the United States, a signatory to the Continental Association and United States Declaration of Independence as a representative of Maryland, and an Associate Justice of the United States Supreme Court. He was impeached by the House of Representatives on grounds of letting his partisan leanings affect his court decisions but was acquitted by the Senate and remained in office. Born near Princess Anne, Maryland, Chase established a legal practice in Annapolis, Maryland. He served in the Maryland General Assembly for several years and favored independence during the American Revolution. He won election to the Continental Congress before serving on the Baltimore District Criminal Court and the Maryland General Court. In 1796, President George Washington appointed Chase to the United States Supreme Court. After the 1800 elections, President Thomas Jefferson and the Democratic-Republicans sought to weaken Federa ...
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Good Law
Good law is the concept in jurisprudence that a legal decision is still valid or holds legal weight. A good law decision has not been overturned (during an appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...) or otherwise rendered obsolete (such as by a change in the underlying law). Legal practitioners use good law as part of the basis for making legal arguments. However, there is no universally acceptable method of determining what is considered good law in every legal circumstance. Sources * * External linksGood law defined
Legal ethics
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Dicta
In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal terminology, a ''dictum'' is a statement of opinion considered authoritative (although not binding), given the recognized authoritativeness of the person who pronounced it."dictum", Black's Law Dictionary (8th ed. 2004); C.J.S. Courts §§ 142-143. There are multiple subtypes of ''dicta'', although due to their overlapping nature, legal practitioners in the U.S. colloquially use ''dictum'' to refer to any statement by a court the scope of which extends beyond the issue before the court. ''Dicta'' in this sense are not binding under the principle of ''stare decisis'', but tend to have a strong persuasive effect, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include: * ''dict ...
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INS V
INS or Ins or ''variant'', may refer to: Places * Ins, Switzerland, a municipality * Creech Air Force Base (IATA airport code INS) * Indonesia, ITF and UNDP code INS Biology *''Ins'', a New World genus of bee flies * INS, the gene for the insulin precursor Arts, entertainment, and media * Indian Newspaper Society * International News Service, US, 1909–1958 Enterprises and organizations * International Necronautical Society * International Network Services Inc. * International Neuroethics Society * International Neuropsychological Society * International Nuclear Services, UK Government and politics * Immigration and Naturalization Service, former US agency merged into DHS * ''Institut National de la Statistique'' (other), statistics agencies in many Francophone countries * National Institute of Statistics (Romania) Naval * Indian naval ship * Israeli naval ship prefix Technology * <ins>...</ins> HTML block element indicating insertion * Inertial naviga ...
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Yale Law Journal
The ''Yale Law Journal'' (YLJ), known also as the ''Yale Law Review'', is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one of the most cited legal publications in the United States (with an impact factor of 5.000) and usually generates the highest number of citations per published article.Law journals' ranking
Washington & Lee Law School. The journal, which is published eight times per year, contains articles, essays, features, and book reviews by professional legal scholars as well as student-written notes and comments. It is edited ...
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Charles Black (professor)
Charles Lund Black Jr. (September 22, 1915 – May 5, 2001) was an American scholar of constitutional law, which he taught as professor of law from 1947 to 1999. He is best known for his role in the historic ''Brown v. Board of Education'' Supreme Court case, as well as for his ''Impeachment: A Handbook'', which served for many Americans as a trustworthy analysis of the law of impeachment during the Watergate scandal. Early life and career Born in Austin, Texas, Black graduated from the University of Texas at Austin in 1935 and later obtained a master's degree in English. He received his LL.B. from Yale Law School in 1943, then served in the Army Air Forces as a teacher and as an associate at Davis, Polk, Wardwell, Sunderland & Kiendl. In 1947, he became a professor of law at the Columbia University Law School, where he wrote legal briefs for the successful 1954 ''Brown v. Board of Education'' suit. He also was involved in civil rights cases in the south. In 1956, he joined ...
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Presentment Clause
The Presentment Clause (Article I, Section 7, Clauses 2 and 3) of the United States Constitution outlines federal legislative procedure by which bills originating in Congress become federal law in the United States. Text The Presentment Clause, which is contained in Article I, Section 7, Clauses 2 and 3, provides: Summary * A bill must be passed in identical form by both the House of Representatives and the Senate. It is common practice for each House to pass its own version of a bill, and then to refer the two versions to a conference committee, which resolves disagreements between the two versions, and drafts a compromise bill; the compromise bill can then be voted upon and passed by both Houses in identical form. * After a bill passes both Houses, it must be presented to the President for his approval. ** If the President approves the bill and signs it, then the bill becomes law. ** If the President disapproves the bill and vetoes it, then he must return the bill, along ...
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Convention To Propose Amendments To The United States Constitution
A convention to propose amendments to the United States Constitution, also referred to as an Article V Convention or amendatory convention; is one of two methods authorized by Article Five of the United States Constitution whereby amendments to the United States Constitution may be proposed: two thirds of the State legislatures (that is, 34 of the 50) may call a convention to propose amendments, which become law only after ratification by three-fourths of the states (38 of the 50). The Article V convention method has never been used; but 33 amendments have been proposed by the other method, a two-thirds vote in both houses of Congress; and 27 of these have been ratified by three-fourths of the States. Although there has never been a federal constitutional convention since the original one, at the state level more than 230 constitutional conventions have assembled in the United States. While there have been calls for an Article V Convention based on a single issue such as the ...
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Article V Of The United States Constitution
Article Five of the United States Constitution describes the process for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification. Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate; or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must then be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states, a process utilized only once thus far in American history with the 1933 ratification of the Twenty-First Amendment. The vote of each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union. Ar ...
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Abraham Lincoln
Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation through the American Civil War and succeeded in preserving the Union, abolishing slavery, bolstering the federal government, and modernizing the U.S. economy. Lincoln was born into poverty in a log cabin in Kentucky and was raised on the frontier, primarily in Indiana. He was self-educated and became a lawyer, Whig Party leader, Illinois state legislator, and U.S. Congressman from Illinois. In 1849, he returned to his successful law practice in central Illinois. In 1854, he was angered by the Kansas–Nebraska Act, which opened the territories to slavery, and he re-entered politics. He soon became a leader of the new Republican Party. He reached a national audience in the 1858 Senate campaign debates against Stephen A. Douglas. ...
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James Buchanan
James Buchanan Jr. ( ; April 23, 1791June 1, 1868) was an American lawyer, diplomat and politician who served as the 15th president of the United States from 1857 to 1861. He previously served as secretary of state from 1845 to 1849 and represented Pennsylvania in both houses of the U.S. Congress. He was an advocate for states' rights, particularly regarding slavery, and minimized the role of the federal government preceding the Civil War. Buchanan was the last president born in the 18th century. Buchanan was a prominent lawyer in Pennsylvania and won his first election to the state's House of Representatives as a Federalist. He was elected to the U.S. House of Representatives in 1820 and retained that post for five terms, aligning with Andrew Jackson's Democratic Party. Buchanan served as Jackson's minister to Russia in 1832. He won the election in 1834 as a U.S. senator from Pennsylvania and continued in that position for 11 years. He was appointed to serve as President ...
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