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NCJ Number: 119418 Find in a Library
Title: Origins of Federal Common Law: Part One
Journal: University of Pennsylvania Law Review  Volume:133  Issue:5  Dated:(June 1985)  Pages:1003-1116
Author(s): S Jay
Date Published: 1985
Page Count: 114
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This article, Part One of a two-part essay, reexamines the U.S. Supreme Court's 1812 decision in United States v. Hudson, traces the evolution of Federal common law in Hudson, and identifies political developments that shaped the controversy over common-law adjudication by the Federal courts.
Abstract: The 18th century political climate that gave rise to the issue of common-law powers of the Federal judiciary is discussed in detail, and the debate over Federal common-law authority is examined. Many believed that Federal judges should not "make" law but should be guided by Federal statutes. Others pointed out that legislators could not anticipate all punishable events and circumstances and that a common law approach was both necessary and practical. This article details the position taken by political groups in the late 18th and early 19th centuries as the issue was debated by the executive and legislative branches of the U.S. government. 134 footnotes.
Main Term(s): Common law
Index Term(s): Federal courts; Federal law violations
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