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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: February 2
Dartmouth College v. Woodward , 17 U.S. 518 (decided February 2, 1819): state attempt to change existing charter of college to turn it into a public institution violated Contracts Clause; corporate entities are entitled to Clause protection Ross v. Bernhard , 396 U.S. 531 (decided February 2, 1970): I did my law review article on the Seventh Amendment, which guarantees the right to a jury trial in a civil case in actions at law (but not equity). Stupidly, one has to look at
captcrisis
1 day ago3 min read
Today in Supreme Court History: February 1
Marbury v. Madison , 5 U.S. 137 (decided February 1, 1803): Marshall rules that the Court has no original jurisdiction to enforce a judicial appointment which Marshall (as Secretary of State) had failed to get delivered. Marshall was also already Chief Justice at the time. He should have, of course, recused himself. This case is cited as the precedent for judicial scrutiny of government acts, but that part of the opinion is dicta, as Marshall later pointed out ( Cohens v. V
captcrisis
2 days ago2 min read
Today in Supreme Court History: January 31
Brotherhood of Locomotive Engineers v. Chicago, Rock Island & Pacific R.R. Co. , 382 U.S. 423 (decided January 31, 1966): Arkansas statute regulating size of train crews survives Dormant Commerce Clause attack (it in effect applied only to intrastate lines) United States v. Shubert , 348 U.S. 222 (decided January 31, 1955): theatrical productions are “interstate commerce” subject to Sherman Act (defendant produced the shows + booked them + operated the theaters, which even de
captcrisis
4 days ago2 min read
Today in Supreme Court History: January 30
Southern Pacific Co. v. Gallagher , 306 U.S. 167 (decided January 30, 1939): California’s Use Tax did not violate Dormant Commerce Clause because it applied only to use or storage of property in-state after interstate sale was completed United States v. Durkee Famous Foods , 306 U.S. 68 (decided January 30, 1939): can’t bring second indictment after statute of limitations has run (first one was quashed) H.P. Welch Co. v. New Hampshire , 306 U.S. 79 (decided January 30, 1939):
captcrisis
5 days ago1 min read
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