Bench and Bar Volume 14 download pdf

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Bench and Bar Volume 14 download pdf

Bench and Bar Volume 14 download pdf

Bench and Bar Volume 14 by Books Group

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Author: Books Group
Page Count: 102 pages
Published Date: 19 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781236233233
File size: 31 Mb
Download Link: Bench and Bar Volume 14
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 Excerpt: ...That Congress has power to change the law so as to permit an action to recover damages for negligence resulting in death is conclusively demonstrated by the court in The Lottawa/nna," at p. 577, where it is said: "It cannot be supposed that the framers of the Constitu tion contemplated that the law should forever remain unalterable. Congress undoubtedly has authority under the com mercial power, if no other, to introduce such changes as are likely to be needed." And again (at p. 575), speaking of the maritime jurisdiction referred to in the Constitution, and the system of law to be administered thereby, the court said: "The Constitution must have referred to a system of law coextensive with, and operating uniformly in the whole country. It certainly could not have been the intention to place rules and limits of maritime law under the disposal and regulation of the several states, as that would have defeated the uniformity and consistency at which the constitution aimed in all subjects of a commercial character affecting the intercourse of the states with each other or with foreign states." The same arguments which establish the power of Congress to legislate on the jurisdiction of national courts, tends to establish the power of the state to legislate where Congress has not acted, and it has accordingly been held that a statute giving damages for death caused by a tort might be enforced in a state court, although the tort was committed at sea 32 and the case is much stronger where the maritime tort happens within a state, for the liability of a person for his acts depends on the lea: loci, or law of the place where the acts were committed." Again, the courts of common law, have jurisdiction concurrent with the District Cour...

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