Tag: RI
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Right of the United States to Sue
Right of the United States to SueIn the first edition of his Treatise, Justice Story noted that while "an express power is no where given in the constitution," the right of the United States to sue in its own courts "is clearly implied in that part respecting the judicial power…. In…
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Right to Jury Trial
Due Process Limitations on Contempt Power: Right to Jury TrialOriginally, the right to a jury trial was not available in criminal contempt cases.1 But the Court held in Cheff v. Schnackenberg,2 that a…
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Rights of Others
Standing to Assert the Rights of OthersUsually, one may assert only one's interest in the litigation and not challenge the constitutionality of a statute or a governmental action because it infringes the protectable rights of someone else.1 In Ti…
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Ripeness
RipenessJust as standing historically has concerned who may bring an action in federal court, the ripeness doctrine concerns when it may be brought. Formerly, it was a wholly constitutional principle requiring a determination that the events bearing on the substantive issue have happened or are suff…
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Right of Reception
The Right of Reception: Scope of the Power"Ambassadors and other public ministers" embraces not only "all possible diplomatic agents which any foreign power may accredit to the United States," 1 but also, as a practical constructi…
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Right to Alter Corporate Charters
Reservation of Right to Alter or Repeal Corporate ChartersThere are four principles or doctrines by which the Court has broken down the force of the Dartmouth College decision in great measure in favor of state legislative power. By the logic of Dartmouth College itself, the state may reserve in a c…
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Rights of the Trustee
Liberalization of Relief Granted and Expansion of the Rights of the TrusteeAs the coverage of the bankruptcy laws has been expanded, the scope of the relief afforded to debtors has been correspondingly enlarged. The act of 1800, like its English antecedents, was designed primarily for the benefit of…