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James Iredell and the American Origins of Judicial Law Review

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Title: James Iredell and the American Origins of Judicial Law Review
Author: Casto, William R.
Abstract: Professor Casto provides a look at the earlier writings of James Iredell. Especially fascinating is that Iredell developed his ideas in the 1780s without the assistance of pre-existing analyses of judicial review. His ideas accurately foreshadowed virtually all subsequent judicial discussions of the issue in the early Republic. No justice of the Supreme Court -including Chief Justice Marshall - has ever addressed the issue in a more comprehensive and sophisticated fashion. Iredell's explanation and justification also virtually dictated the fundamental rule of judicial interpretation that the early justices used in gauging the constitutionality of legislation.
URI: http://hdl.handle.net/10601/469
Related Resources: Click to follow Hein Online link Click to follow Lexis link Click to follow Westlaw link
Date: 1995

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