Tag: MA
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Maritime Jurisdiction
Territorial Extent of Admiralty and Maritime JurisdictionAlthough he was a vigorous exponent of the expansion of admiralty jurisdiction, Justice Story for the Court in The Steamboat Thomas Jefferson 1 adopted a restrictive English rule confining admi…
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Manufactured Diversity
Manufactured DiversityA litigant who, because of diversity of citizenship, can choose whether to sue in state or federal court, will properly consider where the advantages and disadvantages balance, and if diversity is lacking, a litigant who perceives the balance to favor the federal forum will som…
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Maritime Law
Maritime Law (Necessary and Proper Clause)Congress may implement the admiralty and maritime jurisdiction conferred upon the federal courts by revising and amending the maritime law that existed at the time the Constitution was adopted, but in so doing, it cannot go beyond the reach of that jurisdict…
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Marbury v. Madison
Marbury v. MadisonChief Justice Marshall's argument for judicial review of congressional acts in Marbury v. Madison 1 had been largely anticipated by Hamilton.2 Hamilton had written, for example: …
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Martial Law
Martial Law and Constitutional LimitationsTwo theories of martial law are reflected in decisions of the Supreme Court. The first, which stems from the Petition of Right, 1628, provides that the common law knows no such thing as martial law; 1 that is…