AuthorTitleCitationDocument TypeStatusSummaryYear
  Byers v. Fowler 12 Ark. 218, Supreme Court of Arkansas. (July 01, 1851) Cases As of January 6, 2020 case has not been reversed or overruled. A judgment of a circuit court of the United States, rendered, by default, upon a return of the marshall showing a defective service of the writ upon defendant, might be reversed, on error, but cannot be treated as a nullity when questioned in a collateral proceeding. The circuit courts of the United States are endowed with such general jurisdiction... 1851
  Arnandez v. Lawes 5 La.Ann. 127, Supreme Court of Louisiana. (February 01,) Cases As of January 6, 2020 case has not been reversed or overruled. Appeal from the District Court of Iberville. Burk, J. 1850
  Packwood v. Dorsey 4 La.Ann. 90, Supreme Court of Louisiana. (February 01,) Cases As of January 6, 2020 case has not been reversed or overruled. Appeal from the Fifth District Court of New Orleans, Buchanan, J. 1849
  Collingsworth v. Covington 2 La.Ann. 406, Supreme Court of Louisiana. (April 01, 1847) Cases As of January 6, 2020 case has not been reversed or overruled. Appeal from the Court of Probates of Tensas, Montgomery, J. 1847
  Ex Parte Boylston 33 S.C.L. 41, Court of Appeals of Law of South Carolina. (November 01, 1847) Cases As of January 6, 2020 case has not been reversed or overruled. Insolence of a slave towards a white person is, in this State, an offence for which he may be tried and punished. 1847
  Succession of Guillemin 2 La.Ann. 634, Supreme Court of Louisiana. (June 01, 1847) Cases As of January 6, 2020 case has not been reversed or overruled. Appeal from the Second District Court of New Orleans, Canon, J. 1847
  Givhan v. Dailey's Adm'x 4 Ala. 336, Supreme Court of Alabama. (June 01, 1842) Cases As of January 6, 2020 case has been reversed or overruled. WRIT of Error to the Circuit Court of Lowndes. 1842
  Hardeman v. Sims 3 Ala. 747, Supreme Court of Alabama. (January 01, 1842) Cases As of January 6, 2020 case has not been reversed or overruled. Error to the Chancery Court of Columbiana. 1842
  Maloney v. Doane 15 La. 278, Supreme Court of Louisiana. (April 01, 1840) Cases As of January 6, 2020 case has not been reversed or overruled. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. 1840
  The L'amistad Betts Scr.Bk. 121, District Court, D. Connecticut. (January 07, 1840) Cases As of January 6, 2020 case has not been reversed or overruled. This was a libel in rem by Lieut. Thomas R. Gedney and others against the schooner L'Amistad for salvage. 1840
  Phillips v. Lane 4 Howard 122, High Court of Errors and Appeals of Mississippi. (December 01,) Cases As of January 6, 2020 case has not been reversed or overruled. A party cannot after verdict, except to evidence to the admission of which he made no objection during the trial; but he may in a bill of exceptions taken to the opinion of the court, overruling a motion for a new trial, embody such portions of the evidence as may be required to place the merits of the case fairly before the appellate court. Where... 1839
  Tennent v. Dendy Dud. 83, Court of Appeals of Law of South Carolina. (December 01,) Cases As of January 6, 2020 case has not been reversed or overruled. The right of personal protection of a slave, belongs to the master; and an action may be sustained by him against a third person for the battery of the slave, though he was hired out at the time, and the act complained of was not detrimental to the rights of the master. If the battery should cause loss of service to the hirer, he also may maintain... 1837
  Marie Louise v. Marot 9 La. 473, Supreme Court of Louisiana. (May 01, 1836) Cases As of January 6, 2020 case has not been reversed or overruled. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. 1836
  Morris v. Abat 9 La. 552, Supreme Court of Louisiana. (June 01, 1836) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. 1836
  Baker v. Rowan 2 Stew. & P. 361, Supreme Court of Alabama. (June 01, 1832) Cases As of January 6, 2020 case has not been reversed or overruled. This case was determined in Madison Circuit court, on a final hearing, on a bill in Chancery. Rowan, the complainant below, being the administrator of his father's estate--in pursuance of law, and under the necessary order, proceeded to sell the personal estate of his intestate. Part of this property was certain slaves, who, being family negroes,... 1832
  People v. Gibbs 9 Wend. 29, Supreme Court of Judicature of New York. (January 01, 1832) Cases As of January 6, 2020 case has not been reversed or overruled. An action will not lie against the executors of a Sheriff for the default of his deputy in returning process, for the omission to return which an action of assumpsit is given by statute. Where the cause of action arises ex delicto, an action cannot be sustained against the representatives of the party who would have been liable if living, although... 1832
  People v. Gibbs 9 Wend. 29 (January 01, 1832) Trial Court Orders   An action will not lie against the executors of a Sheriff for the default of his deputy in returning process, for the omission to return which an action of assumpsit is given by statute.... 1832
  Dillon v. Wright 7 J.J.Marsh. 10, Court of Appeals of Kentucky. (November 03, 1831) Cases As of January 6, 2020 case has not been reversed or overruled. This is an action of replevin, which was once before in this court, and was remanded to the circuit court for further proceedings. (See IV. J. J. Marshall, 354.) On the return of the case to the circuit court, the defendant in error, amended his cognisance by averring that T. B. Dillon the defendant in the execution, was, when it was levied, in the... 1831
  Award of the Russian Emperor. 2 U.S. Op. Atty. Gen. 28 (May 17, 1826) Administrative Decisions & Guidance     1826
  State v. Hale 2 Hawks 582, Supreme Court of North Carolina. (December 01,) Cases As of January 6, 2020 case has not been reversed or overruled. A battery committed on a slave, no justification, or circumstances attending it, being shewn, is an indictable offence. But every battery on a slave is not indictable, because the person making it may have matter of excuse, or justification, which would be no defence for committing a battery on a free person. Each case of this sort must, in a great... 1823
  Livingston v. Heerman 9 Mart.(o.s.) 656, Supreme Court of Louisiana. (May 01, 1821) Cases As of January 6, 2020 case has not been reversed or overruled. Appeal from the court of the first district. [For prior opinion, see 9 Mart. (O. S.) 195.] 1821
  Steel v. Cazeaux 8 Mart.(o.s.) 318, Supreme Court of Louisiana. (June 01, 1820) Cases As of January 6, 2020 case has not been reversed or overruled. Appeal from the court of the first district. The petition charged that the plaintiff's slave was beaten and wounded by the defendant's, so that he died; that the defendant's slave was tried therefor, and found guilty. Wherefore the plaintiff claimed the sum of 1200 dollars, the value of said slave. The defendant denied all the allegations in the... 1820
  Alderson v. Bigger's Adm'r 4 Munf. 528, Supreme Court of Appeals of Virginia. (November 30, 1815) Cases As of January 6, 2020 case has not been reversed or overruled. 1. In detinue for slaves, if the judgment of the Superior Court, reversing that of the County Court, (which was in the plaintiff's favour,) be reversed by the Court of Appeals, and that of the County court affirmed; no action lies to recover the profits of the slaves, accruing between the date of the judgment of the county court, and that of its... 1815
  Meunier v. Duperron 3 Mart.(o.s.) 285, Supreme Court of Louisiana. (April 01, 1814) Cases As of January 6, 2020 case has not been reversed or overruled. The plaintiff having, at the instigation of the defendant, arrested a free negro woman, and shipped her off, was prosecuted, found guilty, fined, imprisoned, and condemned to heavy damages. Having suffered the imprisonment, and paid the fine and damages, he brought the present action to compel the plaintiff to indemnify him, or pay his proportion... 1814
  Mccall v. Peachy's Adm'r 3 Munf. 288, Supreme Court of Appeals of Virginia. (December 10,) Cases As of January 6, 2020 case has not been reversed or overruled. The Court is of opinion, that the general merits of this cause having been decided by the two former decrees of the Court of Chancery, affirmed, in general, by this Court, it becomes unnecessary, if not improper, to enter, at this time, upon many topics minutely discussed at the bar, as it were de novo; and which course was only rendered... 1812
  Mahoney v. Ashton 4 H. & McH. 295, General Court of Maryland. (May 01, 1799) Cases As of January 6, 2020 case has not been reversed or overruled. PETITION for freedom, the petitioner claiming to be descended from a free woman named Ann Joice. 1. The petitioner, at the trial of the issue, by his counsel, produced and offered to read in evidence to the jury the deposition of Ann Hurdle, taken by consent on the the 28th of May 1797. But the defendant, by his counsel, objected to the following... 1799
  White v. Chambers 2 Bay 70, Constitutional Court of Appeals of South Carolina. (January 01, 1796) Cases As of January 6, 2020 case has not been reversed or overruled. SPECIAL action on the case, for beating the plaintiff's negro man. It came out in evidence on the trial, that the negro in question, had the care of his master's fishing canoe on Sullivan's island, when the defendant went down to the landing place where it was, and said he would take it, and go out fishing in it. The negro told him he could not... 1796
  Ross v. Pines 3 Call 568, Supreme Court of Appeals of Virginia. (November 01, 1790) Cases As of January 6, 2020 case has not been reversed or overruled. The only question is, whether, on such a certificate as this, the Court ought to grant a new trial. By one party it is contended, that juries ought not to become mere cyphers; and on the other, that it would be extremely inconvenient to give the Court no control over their verdict. This is true; but, if the Court may continue to grant new trials... 1790
  Ross v. Pines Wythe 69, High Court of Chancery of Virginia. (October 01, 1789) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. That the loss to the defendent in the sale of his slaves must be attributed to the plaintiff, his letter addressed to John Davis being the only apparent origin of the report which occasioned that loss; and that the plaintiff, although he is believed not to have designed any injury, ought to make reparation; And the measure of that reparation... 1789
  Carter v. Webb Jeff. 123, General Court of Virginia. (May 01, 1772) Cases As of January 6, 2020 case has not been reversed or overruled. The court determined that the slaves should be continued on the plantation till the 25th of December, but that this was solely for the purpose of finishing the crop, and therefore, that Mr. Carter should not pay hire for the services of the slaves at leisure times. And they decreed Mr. Carter entitled to the increased value of the stock. 1772
Barbara J. Van Arsdale, J.D., Francis M. Dougherty, J.D., Edward K. Esping, J.D., Tracy Bateman Farrell, J.D., Jill Gustafson, J.D., Rachel M. Kane, M.A., J.D., John Kimpflen, J.D., Anne E. Melley, J.D., LL.M., of the staff of the National Legal Research § 1:26.particular Applications of Principle FEDPROC Federal Procedure, Lawyers Edition 1:26 (NO Date) Law Review Articles and Other Secondary Sources   Applying the criteria governing judicial deference in cases presenting political questions, federal courts have declined to hear cases questioning political gerrymandering in a congressional redistricting. alleging that the United States and a former Secretary of State were liable, under the Alien Tort Statute, to victims and survivors of victims...  
Edward F. Koren; Updated by Philip R. Feist, By:, Edward F. Koren, Updated by Philip Feist § 1:31.malpractice Prevention KOREN-EPFP Estate, Tax and Personal Financial Planning 1:31 (NO Date) Law Review Articles and Other Secondary Sources   The 80's and 90's have seen another phenomenon in the estate planning area: the increasing exposure of the estate planner to claims of professional malpractice. These are particularly troublesome because the liability can arise so long after the service was performed. For example, the Supreme Court of California, reversing a lower court decision,...  
  § 1:35.a Philosophical and Policy Overview of Constitutional and Statutory Civil Rights Law Principles-examples of the Tension Between the Process and Outcome Theories-a Case Study in Process Versus Outcome Theory: the Metro Broadcasting Decision FCIVRTACTS § 1:35 (NO Date) Law Review Articles and Other Secondary Sources   One recent Supreme Court decision, Metro Broadcasting, Inc. v. Federal Communications Commission, crystallizes the entire debate between the process and outcome notions of equality. The Metro Broadcasting decision is worth holding up to close examination as a detailed case study  
Robert E. McKenzie § 1:62.abusive Schemes and Promoter Investigations Representing the Audited Taxpayer Before the IRS § 1:62 (NO Date) Law Review Articles and Other Secondary Sources   IRS efforts to combat abusive schemes and scams (including the Offshore Credit Card Project) significantly increased from Fiscal Year 2003 to Fiscal Year 2008. Schemes and scams on the rise include: schemes, reducing a person's tax liability by claiming inflated expenses, false deductions, unallowable credits or excessive exemptions; frivolous...  
Jacob A. Stein § 10:28.the Concepts of Duty and Due Care Stein on Personal Injury Damages § 10:28 (NO Date) Law Review Articles and Other Secondary Sources   As a general proposition, applicable in the ordinary negligence case, the rule of ordinary care prevails. For example, where the defendant has taken some affirmative action such as driving an automobile whenever he or she should reasonably foresee that such conduct will involve an unreasonable risk of harm to other drivers or to pedestrians, the...  
  § 111international Law and Agreements as Law of the United States Restatement of the Law - The Foreign Relations Law of the United States § 111 (1987) (October 2019 Update) Law Review Articles and Other Secondary Sources   (1) International law and international agreements of the United States are law of the United States and supreme over the law of the several States. (2) Cases arising under international law or international agreements of the United States are within the Judicial Power of the United States and, subject to Constitutional and statutory limitations...  
Hon. Thomas A. Dickerson, Rodney E. Gould and Mark Chalos § 12:17.complaint for Torture and Other Human Rights Violations; Ntsebeza v. Citigroup, Inc INTORTUSCT Litigating International Torts in U.S. Courts 12:17 (NO Date) Law Review Articles and Other Secondary Sources   the collaboration (with corporations) create(s) and promote(s) a context that leads to the systematic execution of gross human rights violations. It contributes to the emergence of an economic and political structure, a culture and a system that gives rise to and condones certain patterns of behavior. Our weapons, ammunition, uniforms, vehicles,...  
  § 13:9.other Civil Rights Legislation GOVDISCRIM Government Discrimination: Equal Protection Law and Litigation 13:9 (NO Date) Law Review Articles and Other Secondary Sources   Civil rights legislation, in addition to the laws summarized above, provides both criminal and civil causes of action where federal statutory and constitutional rights are abridged. It is also possible to sue federal officials directly under the Constitution. The most significant civil cause of action provision is § 1983. The provision, which...  
PENALTIES § 13a:35.50.return Preparers-frivolous Position CASEY § 13A:35.50 (NO Date) Law Review Articles and Other Secondary Sources   The Service may seek injunctions against preparers who are advocating frivolous positions. For example, it has obtained injunctions against preparing returns claiming a credit or refund as reparations for slavery. The 2006 Tax Relief and Health Care Act increased the penalty for submitting a frivolous return position from $500 to $5,000. Also,...  
David F. Herr § 1407.multidistrict Litigation MDLITMAN Multidistrict Litigation Manual II (NO Date) Law Review Articles and Other Secondary Sources   House Report No. 1130, see 1968 U.S. Code Cong. and Adm. News, p. 1898. House Report Nos. 94-499, 94-1343, and 94-1373, see 1976 U.S. Code Cong. and Adm. News, p. 2572. The Federal Rules of Civil Procedure, referred to in subsec. (f), are set out in this title. Section 4C of the Clayton Act, referred to in subsec. (h), is section 4C of Act Oct. 15,...  
Jill Gustafson, J.D.; and Janice Holben, J.D. § 147.implicit Waiver of Immunity under Foreign Sovereign Immunities Act AMJUR American Jurisprudence, Second Edition 147 (NO Date) Law Review Articles and Other Secondary Sources   The focus of analysis in determining whether there has been an implicit waiver of immunity under the Foreign Sovereign Immunities Act (FSIA) falls on the acts of the foreign sovereign, not on the acts of others. Thus, particular factual circumstances govern whether an implicit waiver will or will not be found. The implied waiver provision of the...  
Rodney A. Smolla § 23:2.creation of First Amendment Standards for Libel-facts and Holding of the New York Times Case Smolla & Nimmer on Freedom of Speech § 23:2 (NO Date) Law Review Articles and Other Secondary Sources   The New York Times case arose out of the struggle for racial equality in the South. On February 29, 1960, Dr. Martin Luther King, Jr., was arrested on trumped-up charges involving two counts of perjury in connection with the filing of his Alabama state income tax return. On March 19, 1960, three weeks after King's arrest, the New York Times ran an...  
William F. Patry § 25:39.the Shaky Foundation of Modern Customary International Law (Cil)-sources of Authority for Cil Patry on Copyright (NO Date) Law Review Articles and Other Secondary Sources   We begin with the Western Maid positivist requirement that domestic law be grounded in the command of a sovereign, and the constitutional imperative that federal judges not make law without authorization from such a command. Lacking these two requirements, modern customary international law cannot be treated as law in the United States. Modern...  
Ann Taylor Schwing § 25:63.tolling for Persons Disabled or Affected by War or Great Cruelty CAAFDEF Expert Series 25:63 (NO Date) Law Review Articles and Other Secondary Sources   Section 354 of the Code of Civil Procedure provides: When a person is, by reason of the existence of a state of war, under a disability to commence an action, the time of the continuance of such disability is not part of the period limited for the commencement of the action whether such cause of action shall have accrued prior to or during the...  
Laurence F. Casey, Revised and Supplemented by Edward J. Smith § 3:08.55.filing of Returns-frivolous Return Positions CASEY Casey Federal Tax Practice A Treatise of the Laws and Procedures Governing the Assessment and Litigation of 3:08.55 Federal Tax (NO Date) Liabilities Law Review Articles and Other Secondary Sources   The Service has released a warning regarding what it says is a promoted position that United States tax applies only to income from certain foreign activities. The claim is based on Sections 861 through 865, and Regulation § 1.861-8. The Service points out that these provisions govern how income is sourced (as domestic or foreign) for the...  
Rodney A. Smolla § 3:17.standing to Sue under the Fair Housing Act-constitutional and Statutory Standing-summary FCIVRTACTS Federal Civil Rights Acts 3:17 (NO Date) Law Review Articles and Other Secondary Sources   In combination, Trafficante, Gladstone, and Havens create a generous standing doctrine under the Fair Housing Act, a doctrine that requires a finding of standing to the full extent permitted by Article III of the Constitution. Lower courts accordingly have tended to be expansive in granting standing under the Act, including cases of noneconomic...  
Laurence F. Casey, Revised and Supplemented by Edward J. Smith § 3:36.selection of Returns for Examination CASEY Casey Federal Tax Practice A Treatise of the Laws and Procedures Governing the Assessment and Litigation of 3:36 Federal Tax (NO Date) Liabilities Law Review Articles and Other Secondary Sources   The Internal Revenue Service has stated that the usual reason for selecting a tax return for examination is to verify the correctness of income, exemptions, or deductions that have been reported on the return. Returns are primarily selected for examination by use of a computer program known as the Discriminant Function System (DIF). The DIF process...  
Richard D. Freer and, Edward H. Cooper § 3531.10citizen Suits FPP Federal Practice and Procedure (Wright & Miller) 3531.10 (NO Date) Law Review Articles and Other Secondary Sources   Standing doctrines reflect in many ways the rule that neither citizens nor taxpayers can appear in court simply to insist that the government and its officials adhere to the requirements of law. This rule is indeed the central foundation of the doctrines that have been elaborated in earlier sections. Because of this prior discussion, little need be...  
Richard D. Freer and, Edward H. Cooper § 3534.2political Questions-foreign Affairs and Indian Tribes FPP Federal Practice and Procedure (Wright & Miller) 3534.2 (NO Date) Law Review Articles and Other Secondary Sources   Matters dealing with foreign affairs constitute one of the areas in which courts regularly recognize a very broad latitude in the political branches. It has been said that [t]he conduct of the foreign relations of our Government is committed by the Constitution to the Executive and Legislativethe politicalDepartments of the Government, and the...  
Arthur H. Boelter § 4:125.injunction Against Future Preparer Activities Tax Penalties and Interest § 4:125 (NO Date) Law Review Articles and Other Secondary Sources   The issuance of an injunction against future return preparation activities is within the discretion of the court. Even where a court finds that a preparer has continually or repeatedly disregarded rules and regulations related to the Code, a court may decline to issue a blanket injunction. A blanket injunction is warranted where the government can...  
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