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" A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. "
Supreme Court Practice: Jurisdiction, Procedure, Arguing and Briefing ... - Page 267
by Robert L. Stern, Eugene Gressman - 1954 - 585 pages
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The Constitutional Doctrines of Justice Harlan

Floyd Barzilia Clark - Biography & Autobiography - 1915 - 234 pages
...suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends." This objection sounds convincing, but a careful examination may reveal faulty premises. There is little...
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The Government of the Philippine Islands: Its Development and Fundamentals

George A. Malcolm - Law - 1916 - 830 pages
...protection which it affords, the government would be unable to perform the various duties for which it was that there can be no legal right as against the authority that makes the law on which the right depends." Z08 A spirit of justice often causes States to consent to be sued in the courts by the citizen, or...
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California Law Review, Volume 7

Electronic journals - 1919 - 482 pages
...suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. 'Car on peu-t bien recevoir lay d'autruy, mais il est impossible par nature de se donner lay.' Bodin...
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Celebration Legal Essays: To Mark the Twenty-fifth Year of Service of John H ...

Law - 1919 - 628 pages
...in controversy between them and the government."1 Nothing was farther from his mind than to suppose "that there can be no legal right as against the authority that makes the law on which the right depends." In that very case the court recognized rights against the government and showed that those rights could...
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Harvard Law Review, Volume 32

Electronic journals - 1919 - 1030 pages
...suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends." Nor did Mr. Justice Holmes fail to draw the inevitable conclusion from that attitude. The sovereignty...
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The Johns Hopkins University Studies in Historical and Political Science

History - 1919 - 700 pages
...suit, not because of any formal conception or absolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends." Recent writers have shown very clearly, however, that the subject may have rights as against the sovereign,...
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The Obligation of Contracts Clause of the United States Constitution

Warren Belknap Hunting - Constitutional law - 1919 - 134 pages
...suit, not because of any formal conception or absolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends." Recent writers have shown very clearly, however, that the subject may have rights as against the sovereign,...
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The Canadian Law Times, Volume 39

Edward B. Brown - Law - 1919 - 762 pages
...suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends." "The principle asserted here," says Mr. Zane, "is that no law can create a legal right against the...
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The Canadian Law Times, Volume 39

Edward B. Brown - Law - 1919 - 758 pages
...cannot be enforced cannot be a legal right, though it may be a moral right; and if so, most certainly, "there can be no legal right as against the authority that makes the law on which the right depends;" and we totally fail to see that, because we so say, "we may as well apologize to Germany at once for...
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A Treatise on Federal Practice, Civil and Criminal, Including ..., Volume 1

Roger Foster - Civil procedure - 1920 - 1184 pages
...suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. 'Car on peut bien recevoir loy d'autruy, mais il est impossible par nature de se donner loy.' Bodin,...
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