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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).
In particular, Marshall focuses on the manner in which each European power took land from the indigenous occupants. Synthesizing the law of colonizing powers, Marshall traces the outlines of the "discovery doctrine"—namely, that a European power gains radical title (also known as sovereignty) to the land it discovers. As a corollary, the ...
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 ...
Supreme Court of the United States Marshall Court Ellsworth Court ← → Taney Court Chief Justice John Marshall February 4, 1801 – July 6, 1835 (34 years, 152 days) Seat Old Supreme Court Chamber Washington, D.C. No. of positions 6 (1801-1807) 7 (1807-1835) Marshall Court decisions The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall ...
Marshall's birthplace monument in Germantown, Virginia Coat of arms of Marshall. Marshall was born on September 24, 1755, in a log cabin in Germantown, [2] a rural community on the Virginia frontier, near present-day Midland, Fauquier County. In the mid-1760s, the Marshalls moved northwest to the present-day site of Markham, Virginia. [3]
Marshall wrote that "a general provision may be made, and power is given to those who are to act under such general provisions, to fill up the details." Marshall's words and future court decisions gave Congress much latitude in delegating powers. It was not until the 1930s that the Supreme Court held a delegation of authority unconstitutional.
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