When representing oneself in legal matters, terms like pro se and in propria persona (often accompanied by sui juris) describe different approaches to self-representation. Although these terms are frequently conflated, they represent distinct philosophies and legal statuses that impact how an individual interacts with the court. Understanding these differences is essential for anyone asserting their rights without legal counsel.
The Clearfield Doctrine, established in the Supreme Court case Clearfield Trust Co. v. United States, 318 U.S. 363 (1943), provides a critical lens to view the U.S. government’s role in commerce and contract law. This doctrine reveals that when the government engages in "commercial" transactions, it acts as a private entity and forfeits any claim to sovereign immunity. Its implications ripple through contract law, the Uniform Commercial Code (UCC), and the understanding that everything, factually and legally, is commerce. Everything the Government does is "commercial." Think about that for a moment…
Download Copy. 829 Case No. 14,459. 24FED.CAS.—53 UNITED STATES V. ANTHONY. [11 Blatchf. 200; 5 Chi. Leg. News. 462, 493; […]