Monday, September 24, 2018

Rediscovering Corfield v. Coryell

Gerard N. Magliocca

I am pleased to share the draft of my new paper, which summarizes the new information about Corfield that emerged from my discovery of Justice Washington's rough notes on the decision.


Oh come on, you HAVE to use Justice Washington's first name.


He was named after his mother's family name, but he was "Rod" to his friends.

Thanks for the link. It looks like an interesting subject.


Did Bushrod assist uncle George in surveying western VA territory? Bushrod got a recess appointment by John Adams and was later confirmed by the Senate. Query: Was Adams' selection an intensive search second only to Trump's recent nomination of Judge K? Might Judge K need a recess appointment?

Reading the article, early on there is a summary of the facts of the lawsuit, but it wasn't clear to me who each party was, except that one was a captain of the vessel. The person's first name isn't even apparently cited. What position was the other party? A state official? A bit more fleshing out of the parties in that section might be appropriate.

Also, the issue of voting rights is addressed and I do not see a reference to Yick Wo v. Hopkins. Passages like this seem relevant:

There are many illustrations that might be given of this truth, which would make manifest that it was self-evident in the light of our system of jurisprudence. The case of the political franchise of voting is one. Though not regarded strictly as a natural right, but as a privilege merely conceded by society according to its will, under certain conditions, nevertheless it is regarded as a fundamental political right, because preservative of all rights.

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