strikes
Social Security Act (1935)
An attempt to limit what were
seen as dangers in the modern
American life (old age, poverty,
unemployment, and the burdens
of widows and fatherless children)
“This (JRB37) was a thinly veiled attempt to change the decisions of the Court by adding new members who were supporters of the New Deal and threatened the integrity of the Court.”
Ⅰ. 국가행위이론
1. 의의
국가가 주권자 자격으로 자국내에서 행한 행위에 대하여 외국법원이 그 행위의 유효 무효를 심리해서는 아니 된다는 이론으로 타국의 행위에 대한 판단을 사법부가 아닌 행정부에 맡기려는 입장이다.
국가행위이론은 미국법에서 형성된 것으로 주로 국유화와 관련되는
complained of-the injury has to be “fairly ... trace[able] to the challenged action of the defendant, and not ... th[e] result [of] the independent action of some third party not before the court.”
It must be “likely,” as opposed to merely “speculative,” that the injury will be “redressed by a favorable decision.”
Lujan v. Defenders of Wildlife 504 U.S.(1992) at 560~61
Fact of the case
In order to understand the case of Graham v. John Deere Company case, it is a must to understand the previous case involving this invention because the case, which is analyzed here, is based on a series of previous cases. Before this case, Graham earned two patents in 1950 and 1953. In 1950, Patent No. 2,493,811 was issued to Graham. After that, Graham got another patent with