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Johnson V. M'Intosh
''Johnson v. M'Intosh'', 21 U.S. (7 Wheat.) 543 (1823), is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall, the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder of a federal land patent. The case is one of the most influential and well-known decisions of the Marshall Court, a fixture of the first-year curriculum in nearly all U.S. law schools. Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is ''dicta''; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of M'Intosh's title, much less the property rights of the Piankeshaw. Thus, all that the opinion holds with respect t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custom (law)
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Johnson (jurist)
Thomas Johnson (November 4, 1732 – October 26, 1819) was an 18th-century American lawyer, politician, and patriot. He was a delegate to the First Continental Congress in 1774, where he signed the Continental Association; commander of the Maryland militia in 1776; and elected first (non-Colonial) governor of Maryland in 1777. Throughout his career, Johnson maintained a personal and political friendship with George Washington, who gave him a recess appointment as an associate justice of the Supreme Court in August 1791. He served only briefly, resigning in January 1793, citing health issues. Life before the Revolution Thomas Johnson was born in Calvert County, Maryland, on November 4, 1732, to Thomas and Dorcas Sedgwick Johnson. His grandfather, also named Thomas, was a lawyer in London who had emigrated to Maryland sometime before 1700. The younger Thomas was the fourth of ten children, some of whom later had large families of their own. (Louisa Johnson, daughter of his brot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UCLA School Of Law
The UCLA School of Law is one of 12 professional schools at the University of California, Los Angeles. UCLA Law has been consistently ranked by '' U.S. News & World Report'' as one of the top 20 law schools in the United States since the inception of the ''U.S. News'' rankings in 1987. Its 18,000 alumni include leaders in the judiciary, private law practice, business, government service, sports and entertainment law, and public interest law. Jennifer L. Mnookin, an evidence scholar who joined the UCLA Law faculty in 2005, became the school's ninth dean, and third female dean, in 2015. She served in this capacity until June of 2022, when she stepped down to become chancellor of the University of Wisconsin-Madison. She was replaced by Russell Korobkin on an interim basis until a permanent successor is found. History Founded in 1949, the UCLA School of Law is the third oldest of the five law schools within the University of California system. In the 1930s, initial efforts to establ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monopsony
In economics, a monopsony is a market structure in which a single buyer substantially controls the market as the major purchaser of goods and services offered by many would-be sellers. The microeconomic theory of monopsony assumes a single entity to have market power over all sellers as the only purchaser of a good or service. This is a similar power to that of a monopolist, which can influence the price for its buyers in a monopoly, where multiple buyers have only one seller of a good or service available to purchase from. History Monopsony theory was developed by economist Joan Robinson in her book ''The Economics of Imperfect Competition'' (1933). Economists use the term "monopsony power" in a manner similar to "monopoly power", as a shorthand reference for a scenario in which there is one dominant power in the buying relationship, so that power is able to set prices to maximize profits not subject to competitive constraints. Monopsony power exists when one buyer faces little ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, particularly in Commonwealth countries, as an abstract name for the monarchy itself, as distinct from the individual who inhabits it (that is, ''The Crown''). A specific type of crown (or coronet for lower ranks of peerage) is employed in heraldry under strict rules. Indeed, some monarchies never had a physical crown, just a heraldic representation, as in the constitutional kingdom of Belgium, where no coronation ever took place; the royal installation is done by a solemn oath in parliament, wearing a military uniform: the King is not acknowledged as by divine right, but assumes the only hereditary public office in the service of the law; so he in turn will swear in all members of "his" federal government''. Variations * Costume headgear imitati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derived ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Radical Title
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Most property ownership in common law jurisdictions is fee simple. In the United States, the land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the U.S. (notably, Nevada and Texas) have provisions for considering land allodial under state law, and the term may be used in other circumstances. Land is "held of the Crown" in England and Wales and other jurisdictions in the Commonwealth realms. Some land in the Orkney and Shetland Islands, known as udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discovery Doctrine
The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in ''Johnson v. M'Intosh'' (1823)''.'' In Marshall's formulation of the doctrine, discovery of territory previously unknown to Europeans gave the discovering nation title to that territory against all other European nations, and this title could be perfected by possession. A number of legal scholars have criticized Marshall's interpretation of the relevant international law. In recent decades, advocates for Indigenous rights have campaigned against the doctrine. Discovery in international law The means by which a state can acquire territory in international law are conquest, cession by agreement, occupation of land which belongs to no state (''terra nullius''), and prescription through the continuous exercise of sovereignty. Discovery of a territory creates a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Colonization Of The Americas
During the Age of Discovery, a large scale European colonization of the Americas took place between about 1492 and 1800. Although the Norse had explored and colonized areas of the North Atlantic, colonizing Greenland and creating a short term settlement near the northern tip of Newfoundland circa 1000 CE, the later and more well-known wave by the European powers is what formally constitutes as beginning of colonization, involving the continents of North America and South America. During this time, several empires from Europe—primarily Britain, France, Spain, Portugal, Russia, the Netherlands and Sweden—began to explore and claim the land, natural resources and human capital of the Americas, resulting in the displacement, disestablishment, enslavement, and in many cases, genocide of the indigenous peoples, and the establishment of several settler colonial states. Some formerly European settler colonies—including New Mexico, Alaska, the Prairies or northern Grea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The District Of Illinois
The following are former United States district courts, which ceased to exist because they were subdivided into smaller units. With the exception of California, each of these courts initially covered an entire U.S. state, and was subdivided as the jurisdictions which they covered increased in population. Two of the district courts—those of South Carolina and New Jersey—were subdivided but later recreated. Every change to the divisions and boundaries of these courts is effected by an act of the United States Congress, and for each such action, the statutory reference is identified. Alabama The United States District Court for the District of Alabama was created on April 21, 1820, by .Asbury Dickens, ''A Synoptical Index to the Laws and Treaties of the United States of America'' (1852), p. 390. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fletcher V
Fletcher may refer to: People * Fletcher (occupation), a person who fletches arrows, the origin of the surname * Fletcher (singer) (born 1994), American actress and singer-songwriter * Fletcher (surname) * Fletcher (given name) Places United States * Fletcher, California, a former settlement * Fletcher, the original name of Aurora, Colorado, a home rule municipality * Fletcher, Illinois, an unincorporated community * Fletcher, Indiana, an unincorporated town * Fletcher, Missouri, an unincorporated community * Fletcher, North Carolina, a suburb of Asheville * Fletcher, Ohio, a village * Fletcher, Oklahoma, a town * Fletcher, Vermont, a town * Fletcher, Virginia, an unincorporated community * Fletcher, West Virginia, an unincorporated community * Fletcher Hills, San Diego County, California * Fletcher Pond, Michigan, a man-made body of water Antarctica * Fletcher Islands, George V Land * Fletcher Island, largest of the Fletcher Islands * Fletcher Peninsula, Ellsworth Land * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Or Controversy Clause
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing. First, the Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear. For example, the Court has determined that this clause prohibits the issuance of advisory opinions (in which no actual issue exists but an opinion is sought), and claims where the appellant stands to gain only in a generalized sense (i.e. no more or less than people at large), and allows only the adjudication of c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
