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Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is dicta ; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of McIntosh's title, much less the ...
The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823).
Marshalling is an equitable doctrine applied in the context of lending. It was described by Lord Hoffmann as: [A] principle for doing equity between two or more creditors, each of whom are owed debts by the same debtor, but one of whom can enforce his claim against more than one security or fund and the other can resort to only one.
If Marshall was suggesting that the power over interstate commerce is an exclusive federal power, the Dormant Commerce Clause doctrine eventually developed very differently: it treats regulation that does not discriminate against or unduly burden interstate commerce as a concurrent power, rather than an exclusive federal power, and it treats ...
Marshall observed that the Constitution is "the fundamental and paramount law of the nation", and that it cannot be altered by an ordinary act of the legislature. Therefore, "an act of the Legislature repugnant to the Constitution is void." [54] Marshall then discussed the role of the courts, which is at the heart of the doctrine of judicial ...
The Great Chief Justice: John Marshall and the Rule of Law. University Press of Kansas. ISBN 978-0700607884. McCullough, David (2001). John Adams. New York: Simon & Schuster. p. 144. ISBN 978-1-4165-7588-7. Newmyer, R. Kent (2001). John Marshall and the Heroic Age of the Supreme Court. Louisiana State University Press. ISBN 978-0-8071-2701-8.
Russia says it will make changes to the doctrine that sets out the circumstances in which it might use nuclear weapons. WHAT DOES RUSSIA'S EXISTING NUCLEAR DOCTRINE SAY? The current doctrine was ...
Marshall v. Holmes, 141 U.S. 589, is an 1891 decision of the United States Supreme Court on equitable relief, res judicata and fraud on the court in diversity jurisdiction. . Justice John Marshall Harlan wrote for a unanimous Court that held it unconscionable to allow a state court's decision to stand that had been based on documents later exposed as forge