Rudko examines the eight years prior to John Marshall's appointment to the Supreme Court, and argues that the knowledge he brought to his 80 Court opinions involving international law was obtained in these years.
Introduction Attorney and Federalist Minister to France United States Representative Secretary of State Conclusion Bibliography Index
FRANCES HOWELL RUDKO, an attorney in private practice for eighteen years in Fayetteville, Arkansas, is the author of Truman's Court: A Study in Judicial Restraint (Greenwood Press, 1988).
?Practicing attorney Rudko makes extensive use of primary and
secondary sources to show that Marshall had significant practical
experience in international law for 20 years prior to his
appointment as Chief Justice in 1801. Rudko focuses on Marshall's
intellectual and political initiation to the law of nations as an
attorney in Virginia litigating claims of British creditors, as a
US negotiator in France, and briefly as a Federalist Representative
and Secretary of State asserting US neutrality. Marshall early
demonstrated a commitment to applying legal principles to
politically vital issues of national sovereignty. More complete
biographies--A.J. Beveridge's The Life of John Marshall (4v.,
1916-19) and F.N. Stites's John Marshall, Defender of the
Constitution (CH, Apr '81)--provide less detail about these matters
than Rudko's narrowly defined study. At a time of renewed efforts
to extend international law against nonconsenting nations, readers
will find valuable precendent in Marshall's efforts to persuade US
adversaries to respect both treaties and customary rules of law.
Rudko's effective use of opinions by Justice Marshall shows both
the impact of his foreign policy experience and the early relevance
of international law for US courts. Upper-division undergraduates,
graduate students, and general readers.?-Choice
"Practicing attorney Rudko makes extensive use of primary and
secondary sources to show that Marshall had significant practical
experience in international law for 20 years prior to his
appointment as Chief Justice in 1801. Rudko focuses on Marshall's
intellectual and political initiation to the law of nations as an
attorney in Virginia litigating claims of British creditors, as a
US negotiator in France, and briefly as a Federalist Representative
and Secretary of State asserting US neutrality. Marshall early
demonstrated a commitment to applying legal principles to
politically vital issues of national sovereignty. More complete
biographies--A.J. Beveridge's The Life of John Marshall (4v.,
1916-19) and F.N. Stites's John Marshall, Defender of the
Constitution (CH, Apr '81)--provide less detail about these matters
than Rudko's narrowly defined study. At a time of renewed efforts
to extend international law against nonconsenting nations, readers
will find valuable precendent in Marshall's efforts to persuade US
adversaries to respect both treaties and customary rules of law.
Rudko's effective use of opinions by Justice Marshall shows both
the impact of his foreign policy experience and the early relevance
of international law for US courts. Upper-division undergraduates,
graduate students, and general readers."-Choice
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