Alienage Jurisdiction of US-Federal Courts

Nonfiction, Reference & Language, Law, International
Cover of the book Alienage Jurisdiction of US-Federal Courts by Jord Hollenberg, GRIN Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Jord Hollenberg ISBN: 9783638393713
Publisher: GRIN Publishing Publication: July 6, 2005
Imprint: GRIN Publishing Language: English
Author: Jord Hollenberg
ISBN: 9783638393713
Publisher: GRIN Publishing
Publication: July 6, 2005
Imprint: GRIN Publishing
Language: English

Seminar paper from the year 2004 in the subject Law - Comparative Legal Systems, Comparative Law, grade: B+; 15 Punkte, Suffolk University Law School (International Law), course: International Business Transactions, 32 entries in the bibliography, language: English, abstract: The founders of the United States recognized the desirability of providing aliens access to the federal courts and they expressly granted aliens the right to have their cases heard in the federal courts when they drafted the Constitution. As the Constitution in Art III, § 2 put it: 'The judicial power shall extend . . . to Controversies . . . between a State, or the Cit izens thereof, and foreign States, Citizens or Subjects.' In explaining why federal subject matter jurisdiction should extend to cases involving aliens, Alexander Hamilton reasoned 'an unjust sentence against a foreigner ... would ... if unredressed, be an aggression upon his sovereign, as well as one which violated the stipulations in a treaty or the general laws of nations.' At the same time, disputes involving aliens were thought likely to involve legal and other issues of national importance, which federal courts were deemed best able to decide.' Although there are few records of the Constitutional Convention relating to the subject of the judiciary, it is generally accepted that the decision to establish a federal forum for cases involving aliens arose from two related concerns. The first concern was that state and local judges were likely to be swayed by local prejudices against foreigners and that aliens would therefore have difficulty obtaining a fair trial in state or local courts. The second, and perhaps more compelling, concern was that foreign nations might take offense if the affairs of their citizens in the United States were not treated at the national level. Allowing aliens access to the federal courts in which the judges were not accountable to the local citizenry appeared to be the best way of overcoming these problems.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Seminar paper from the year 2004 in the subject Law - Comparative Legal Systems, Comparative Law, grade: B+; 15 Punkte, Suffolk University Law School (International Law), course: International Business Transactions, 32 entries in the bibliography, language: English, abstract: The founders of the United States recognized the desirability of providing aliens access to the federal courts and they expressly granted aliens the right to have their cases heard in the federal courts when they drafted the Constitution. As the Constitution in Art III, § 2 put it: 'The judicial power shall extend . . . to Controversies . . . between a State, or the Cit izens thereof, and foreign States, Citizens or Subjects.' In explaining why federal subject matter jurisdiction should extend to cases involving aliens, Alexander Hamilton reasoned 'an unjust sentence against a foreigner ... would ... if unredressed, be an aggression upon his sovereign, as well as one which violated the stipulations in a treaty or the general laws of nations.' At the same time, disputes involving aliens were thought likely to involve legal and other issues of national importance, which federal courts were deemed best able to decide.' Although there are few records of the Constitutional Convention relating to the subject of the judiciary, it is generally accepted that the decision to establish a federal forum for cases involving aliens arose from two related concerns. The first concern was that state and local judges were likely to be swayed by local prejudices against foreigners and that aliens would therefore have difficulty obtaining a fair trial in state or local courts. The second, and perhaps more compelling, concern was that foreign nations might take offense if the affairs of their citizens in the United States were not treated at the national level. Allowing aliens access to the federal courts in which the judges were not accountable to the local citizenry appeared to be the best way of overcoming these problems.

More books from GRIN Publishing

Cover of the book Feminist Writings in the Perspective of Feminist Criticism: A Comparison of Fay Weldon's Weekend and Doris Lessing's To Room 19 by Jord Hollenberg
Cover of the book The Society of Maycomb and its Influence on Jem and Scout in 'To Kill a Mockingbird' by Harper Lee by Jord Hollenberg
Cover of the book Toni Morrison's Jazz: Historical Fiction in Relation to Nonfictional Accounts of the Harlem Renaissance by Jord Hollenberg
Cover of the book Policies of Adaptation to Climate Change in Developing Countries by Jord Hollenberg
Cover of the book Die Duldung nach § 60a AufenthG by Jord Hollenberg
Cover of the book Interpretation of Shakespeare's 'Sonnet 128' by Jord Hollenberg
Cover of the book The role model wives in Hinduism by Jord Hollenberg
Cover of the book Zadie Smith's 'White Teeth' - Irie as an example for 2nd generation immigrants' desperate search for their place in a multicultural society by Jord Hollenberg
Cover of the book Unterrichtsskizze: Was ist fairer Handel? by Jord Hollenberg
Cover of the book Moving Up the Value Chain. How to make the Smiling Curve smile? by Jord Hollenberg
Cover of the book Reagan v. Roosevelt by Jord Hollenberg
Cover of the book Outsourcing Jobs to Foreign Countries by Jord Hollenberg
Cover of the book Big Data In-Memory Analytics explained by SAP HANA by Jord Hollenberg
Cover of the book Black American Higher Education by Jord Hollenberg
Cover of the book Portugal or France in Africa? - Case Studies on Angola and Algeria by Jord Hollenberg
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy