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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

Lynch, David (Judge), author

Publication Details Click to collapse Cite/Export

  • Creator David Lynch
  • Format Books
  • Publication Oxford ; Portland, Oregon : Hart Publishing, 2018.
  • Physical Details
    • xxi, 233 pages ; 24 cm
  • ISBNs 9781509910854, 1509910859, 9781509910878, 9781509910861
  • OCLC on1004761977

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."--

Notes

  • Includes bibliographical references (pages 206-218) and index.

Contents

  • The Supreme Court justices and the circuit court 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