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Grupo Mexicano de Desarrollo, S.A. v. Alliance Bond Fund, Inc.

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Grupo Mexicano de Desarrollo, S.A. v. Alliance Bond Fund, Inc. , 527 U.S. 308 (1999), commonly called Grupo Mexicano , was a United States Supreme Court case in which the Court struck down—as beyond the equitable remedies authorized by Congress —a preliminary injunction used to freeze the assets of the defendants pending a final judgment.

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112-619: The Supreme Court stated that the equitable remedies authorized by the Judiciary Act of 1789 are limited to remedies that were available in courts of equity at that time, particularly from the Lord Chancellor in the English Court of Chancery . Because Congress had not created a new asset-freezing remedy, and because such an injunction was not traditionally available from the Court of Chancery,

224-578: A toll-roads program of the Mexican government . The loan agreement included a provision requiring GMD to give the loans equal footing with its other unsecured debt . It also included a forum-selection clause that allowed claims for breach of contract to be filed in New York. The toll-road investments turned out to be much less profitable than expected. By 1997, GMD was at risk of being unable to repay its debts . It failed to make required interest payments on

336-441: A $ 50,000 bond in order to obtain the injunction. On April 17, 1998, Judge Martin granted summary judgment in favor of Alliance, awarding $ 82.5 million in damages. He also issued an order to GMD to transfer or assign the toll road notes to Alliance (known as the "turnover order") and converted the preliminary injunction into a permanent one, which would end after those notes had been turned over to Alliance. GMD did not contest

448-574: A 1981 article in Rolling Stone magazine calling the stretch of West 42nd Street between 7th and 8th Avenues the "sleaziest block in America". By the late 1990s, led by efforts by the city and the Walt Disney Company , the area had been revived as a center of tourism to the point where it was described by The New York Times as "arguably the most sought-after 13 acres of commercial property in

560-652: A city of tenements packed with poorly paid laborers from dozens of nations, the city became a hotbed of revolution (including anarchists and communists among others), syndicalism , racketeering , and unionization . In 1883, the opening of the Brooklyn Bridge across the East River established a road connection to Brooklyn and the rest of Long Island . In 1898, New York City consolidated with three neighboring counties to form "the City of Greater New York ", and Manhattan

672-540: A final judgment but said that an exception might apply – without pointing to any applicable exception. Rather, it said that "any such [historical] debate is an arid one." Two other amicus briefs were filed. The Dominican Republic argued that the Second Circuit's decision intruded on other countries' sovereignty over property within their jurisdiction. The Securities Industry Association and Emerging Markets Traders Association argued that comity with foreign countries

784-501: A foreign defendant, the federal courts had subject-matter jurisdiction based on diversity of citizenship . Alliance and GMD both agreed that New York law did not allow an asset-freezing preliminary injunction like the one Alliance sought. Instead, Alliance argued that an injunction was proper under the Federal Rules of Civil Procedure . The district judge, John S. Martin Jr. , granted

896-604: A growing number of Indian restaurants and spice shops along a stretch of Lexington Avenue between 25th and 30th Streets which has become known as Curry Hill . Washington Heights in Uptown Manhattan is home to the largest Dominican immigrant community in the United States. Harlem , also in Upper Manhattan, is the historical epicenter of African American culture. Since 2010, a Little Australia has emerged and

1008-872: A language other than English at home. Points of interest on Manhattan Island include the American Museum of Natural History ; the Battery ; Broadway and the Theater District ; Bryant Park ; Central Park , Chinatown ; the Chrysler Building ; The Cloisters ; Columbia University ; Curry Hill ; the Empire State Building ; Flatiron Building ; the Financial District (including the New York Stock Exchange Building ; Wall Street ; and

1120-507: A multibillion-dollar rebuilding plan was unveiled to restore the historic grandeur of Penn Station, in the process of upgrading the landmark's status as a critical transportation hub . The 700,000 sq ft (65,000 m ) Moynihan Train Hall , developed as a $ 1.6 billion renovation and expansion of Penn Station into the James A. Farley Building , the city's former main post office building,

1232-509: A party under a provision of the federal constitution, treaties, or laws. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme court of the United States shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions,

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1344-506: A perceived gap in English law, whereas attachment had mostly already filled that gap in American law. However, freezing injunctions and attachment are not identical in effect. Because injunctions act on persons rather than on property , a Mareva injunction can prohibit a defendant from transferring assets regardless of where those assets are located. The court needs to have jurisdiction over

1456-545: A preliminary injunction preventing petitioners from disposing of their assets pending adjudication of respondents' contract claim for money damages." Justice Ginsburg wrote the dissenting opinion, joined by Justices Stevens, Souter, and Breyer. They concurred only in the portion of the majority opinion holding that the case was not moot . Ginsburg was concerned that the majority's tradition-based test in Grupo Mexicano would cut back at constitutional remedies as expanded in

1568-452: A representative to appear in court. Congress authorized persons who were sued by citizens of another state, in the courts of the plaintiff's home state, to remove the lawsuit to the federal circuit court. According to Edward A. Purcell Jr. , removal was the "most significant innovation" of the Act. The Constitution says nothing about removal jurisdiction, which "was a powerful device to assert

1680-489: A result of Alexander Hamilton 's policies and practices as the first Secretary of the Treasury to expand the city's role as a center of commerce and industry. By 1810, New York City, then confined to Manhattan, had surpassed Philadelphia as the most populous city in the United States. The Commissioners' Plan of 1811 laid out the island of Manhattan in its familiar grid plan . The city's role as an economic center grew with

1792-519: A separate federal judiciary had been controversial during the debates over the ratification of the Constitution. Anti-Federalists had denounced the judicial power as a potential instrument of national tyranny . Indeed, of the ten amendments that eventually became the Bill of Rights , five (the fourth through the eighth ) dealt primarily with judicial proceedings. Even after ratification, some opponents of

1904-520: A series of spontaneous, violent protests by members of the gay community against a police raid that took place in the early morning hours of June 28, 1969, at the Stonewall Inn in the Greenwich Village neighborhood of Lower Manhattan. They are widely considered to constitute the single most important event leading to the gay liberation movement and the modern fight for LGBT rights . In

2016-514: A series of trails. The primary trail on the island, which would later become Broadway , ran from what is now Inwood in the north to Battery Park in the south. There were various sites for fishing and planting established by the Lenape throughout Manhattan. The name Manhattan originated from the Lenape 's language, Munsee , manaháhtaan (where manah- means "gather", -aht- means " bow ", and -aan

2128-415: A state was a party and any cases brought by an ambassador. The Court was given appellate jurisdiction over decisions of the federal circuit courts as well as decisions by state courts holding invalid any statute or treaty of the United States; or holding valid any state law or practice that was challenged as being inconsistent with the federal constitution, treaties, or laws; or rejecting any claim made by

2240-480: A strong judiciary urged that the federal court system be limited to a Supreme Court and perhaps local admiralty judges. Congress, however, decided to establish a system of federal trial courts with broader jurisdiction, thereby creating an arm for enforcement of national laws within each state. Senator Richard Henry Lee ( AA - Virginia ) reported the judiciary bill out of committee on June 12, 1789; Oliver Ellsworth of Connecticut , who would go on to serve as

2352-588: A type of order, known in Commonwealth countries as a Mareva injunction (or, in plainer language, a freezing order), which prohibits a defendant in a civil case from transferring assets likely needed to pay for a later final judgment . This kind of injunction originated in the English Court of Appeal in the 1975 case of Mareva Compania Naviera S.A. v. International Bulkcarriers S.A. , which had departed from earlier practice denying asset-freezing injunctions. In

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2464-462: A type of relief that has been specifically disclaimed by longstanding judicial precedent – is to invoke a "default rule," [...] not of flexibility but of omnipotence . In part IV, the majority noted some policy arguments for and against Mareva injunctions but declined to take a side, saying that it should be left to Congress to consider. In closing, the majority quoted an excerpt from Justice Joseph Story 's treatise on equity, which in turn quoted

2576-467: A wildlife sanctuary, and several lawns and sporting areas, as well as 21 playgrounds, and a 6-mile (9.7 km) road from which automobile traffic has been banned since 2018. While much of the park looks natural, it is almost entirely landscaped; the construction of Central Park in the 1850s was one of the era's most massive public works projects, with some 20,000 workers moving 5 million cubic yards (3.8 million cubic meters) of material to shape

2688-552: A year. In 1961, the struggling Pennsylvania Railroad unveiled plans to tear down the old Penn Station and replace it with a new Madison Square Garden and office building complex. Organized protests were aimed at preserving the McKim, Mead & White -designed structure completed in 1910, widely considered a masterpiece of the Beaux-Arts style and one of the architectural jewels of New York City. Despite these efforts, demolition of

2800-581: Is a name from the Dutch colonial era after Haarlem , a city in the Netherlands. Some have simple folkloric names, such as Hell's Kitchen , alongside their more official but lesser used title (in this case, Clinton). Some neighborhoods, such as SoHo , which is mixed use, are known for upscale shopping as well as residential use. Others, such as Greenwich Village , the Lower East Side , Alphabet City and

2912-506: Is an abstract element used to form verb stems ). The Lenape word has been translated as "the place where we get bows" or "place for gathering the (wood to make) bows". According to a Munsee tradition recorded by Albert Seqaqkind Anthony in the 19th century, the island was named so for a grove of hickory trees at its southern end that was considered ideal for the making of bows. In April 1524, Florentine explorer Giovanni da Verrazzano , sailing in service of Francis I of France , became

3024-465: Is an issue for a court to consider in deciding whether to grant an injunction, but does not limit the court's power. Justice Scalia delivered the majority opinion. In part I, he stated the facts of the case. In part II, which was joined by all nine justices, he concluded that the case was not moot . In part III, the majority concluded that the district court did not have authority to issue the challenged preliminary injunction. The majority indicated that

3136-680: Is bounded by the Hudson River to the west and the East River to the east. To the north, the Harlem River divides Manhattan Island from the Bronx and the mainland United States. Early in the 19th century, land reclamation was used to expand Lower Manhattan from the natural Hudson shoreline at Greenwich Street to West Street . When building the World Trade Center in 1968, 1.2 million cubic yards (920,000 m ) of material excavated from

3248-504: Is growing in Nolita, Lower Manhattan. Manhattan has two central business districts, the Financial District at the southern tip of the island, and Midtown Manhattan . The term uptown also refers to the northern part of Manhattan above 72nd Street and downtown to the southern portion below 14th Street , with Midtown covering the area in between, though definitions can be fluid. Fifth Avenue roughly bisects Manhattan Island and acts as

3360-552: Is land and 10.8 square miles (28 km ) (32%) is water. The northern segment of Upper Manhattan represents a geographic panhandle . Manhattan Island is 22.7 square miles (59 km ) in area, 13.4 miles (21.6 km) long and 2.3 miles (3.7 km) wide, at its widest point, near 14th Street . The borough consists primarily of Manhattan Island, along with the Marble Hill neighborhood and several small islands, including Randalls Island and Wards Island and Roosevelt Island in

3472-411: Is one of the most densely populated locations in the world, with a 2020 census population of 1,694,250 living in a land area of 22.66 square miles (58.69 km ), or 72,918 residents per square mile (28,154 residents/km ), and coextensive with New York County, its residential property has the highest sale price per square foot in the United States. Manhattan is home to Wall Street as well as

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3584-651: Is relatively evenly spread throughout the year. Average winter snowfall between 1981 and 2010 has been 25.8 inches (66 cm); this varies considerably from year to year. Manhattan's many neighborhoods are not named according to any particular convention, nor do they have official boundaries. Some are geographical (the Upper East Side ), or ethnically descriptive ( Little Italy ). Others are acronyms , such as TriBeCa (for "TRIangle BElow CAnal Street") or SoHo ("SOuth of HOuston"), NoLIta ("NOrth of Little ITAly"), and NoMad ("NOrth of MADison Square Park"). Harlem

3696-902: Is the world's seventh-tallest building (as of 2023) . The Occupy Wall Street protests in Zuccotti Park in the Financial District of Lower Manhattan began on September 17, 2011, receiving global attention and spawning the Occupy movement against social and economic inequality worldwide. On October 29 and 30, 2012, Hurricane Sandy caused extensive destruction in the borough, ravaging portions of Lower Manhattan with record-high storm surge from New York Harbor, severe flooding, and high winds, causing power outages for hundreds of thousands of city residents and leading to gasoline shortages and disruption of mass transit systems. The storm and its profound impacts have prompted discussion of constructing seawalls and other coastal barriers around

3808-464: Is the economic engine of New York City , with its 2.45 million workers drawn from the entire New York metropolitan area accounting for almost more than half of all jobs in New York City. Manhattan's workforce is overwhelmingly focused on white collar professions. In 2010, Manhattan's daytime population was swelling to 3.94 million, with commuters adding a net 1.48 million people to

3920-690: Is well suited for the foundations of Manhattan's skyscrapers . It is part of the Manhattan Prong physiographic region. Under the Köppen climate classification , New York City features both a humid subtropical climate ( Cfa ) and a humid continental climate ( Dfa ); it is the northernmost major city on the North American continent with a humid subtropical climate. The city averages 234 days with at least some sunshine annually. Winters are cold and damp, and prevailing wind patterns that blow offshore temper

4032-553: The East Village , have long been associated with the Bohemian subculture. Chelsea is one of several Manhattan neighborhoods with large gay populations and has become a center of both the international art industry and New York's nightlife. Chinatown has the highest concentration of people of Chinese descent outside of Asia . Koreatown is roughly centered on 32nd Street between Fifth and Sixth Avenues. Rose Hill features

4144-720: The Empire State Building , Chrysler Building , and One World Trade Center . It is also home to the National Basketball Association 's New York Knicks and the National Hockey League 's New York Rangers . Manhattan was historically part of the Lenapehoking territory inhabited by the Munsee , Lenape , and Wappinger tribes . There were several Lenape settlements in the area including Sapohanikan , Nechtanc , and Konaande Kongh , which were interconnected by

4256-873: The FBI as "something of a deadly dress rehearsal for 9/11", was a terrorist attack in which six people were killed when a van bomb filled with explosives was detonated in a parking lot below the North Tower of the World Trade Center complex . On September 11, 2001, the Twin Towers of the original World Trade Center were struck by hijacked aircraft and collapsed in the September 11 attacks launched by al-Qaeda terrorists. The collapse caused extensive damage to surrounding buildings and skyscrapers in Lower Manhattan, and resulted in

4368-572: The Harlem and Hudson rivers, separated it from the remainder of Manhattan. Before World War I, the section of the original Harlem River channel separating Marble Hill from the Bronx was filled in, and Marble Hill became part of the mainland. After a May 1984 court ruling that Marble Hill was simultaneously part of the Borough of Manhattan (not the Borough of the Bronx) and part of Bronx County (not New York County),

4480-584: The Hearst Tower , the rebuilt 7 World Trade Center , and the Bank of America Tower —the first skyscraper designed to attain a Platinum LEED Certification. The skyscraper , which has shaped Manhattan's distinctive skyline , has been closely associated with New York City's identity since the end of the 19th century. Structures such as the Equitable Building of 1915, which rises vertically forty stories from

4592-462: The Judiciary Act of 1789 's grant of equity jurisdiction was limited by the bounds of equity as practiced around that time in the English Court of Chancery. The majority rejected the argument of the United States government in its amicus brief that the injunction was analogous to the equitable action for a creditor's bill, since that was generally only available after a final judgment. It rejected

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4704-671: The South Street Seaport ); Grand Central Terminal ; Greenwich Village (including New York University ; Washington Square Arch ; and Stonewall Inn ); Harlem and Spanish Harlem ; the High Line ; Koreatown ; Lincoln Center ; Little Australia ; Little Italy ; Madison Square Garden ; Museum Mile on Fifth Avenue (including the Metropolitan Museum of Art ); Penn Station , Port Authority Bus Terminal ; Rockefeller Center (including Radio City Music Hall ); Times Square ; and

4816-531: The Southern District of New York sitting by designation ). The Solicitor General , Seth P. Waxman , filed an amicus brief for the United States in support of the respondents. The United States argued that the appealed preliminary injunction was analogous to the traditional equitable remedy of a creditor's bill . It acknowledged that a creditor's bill was traditionally unavailable to creditor without

4928-845: The Third Anglo-Dutch War . Manhattan was at the heart of the New York Campaign , a series of major battles in the early stages of the American Revolutionary War . The Continental Army was forced to abandon Manhattan after the Battle of Fort Washington on November 16, 1776. The city, greatly damaged by the Great Fire of New York during the campaign, became the British military and political center of operations in North America for

5040-538: The U.S. state of New York . Located almost entirely on Manhattan Island near the southern tip of the state, Manhattan constitutes the center of the Northeast megalopolis and the urban core of the New York metropolitan area . Manhattan serves as New York City's economic and administrative center and has been described as the cultural, financial, media , and entertainment capital of the world. Present-day Manhattan

5152-514: The World Trade Center (including the National September 11 Museum and One World Trade Center ). There are also numerous iconic bridges across rivers that connect to Manhattan Island, as well as an emerging number of supertall skyscrapers . The Statue of Liberty rests on Liberty Island , an exclave of Manhattan, and part of Ellis Island is also an exclave of Manhattan. The borough has many energy-efficient office buildings, such as

5264-461: The accelerated principal plus interest. Alliance also sought a temporary restraining order and preliminary injunction prohibiting GMD from assigning some of its assets (called the "toll road notes") to other creditors until there was a final judgment in the case. Alliance filed the case in the Southern District of New York – the federal district court in Manhattan . Since the dispute was against

5376-531: The capital of the United States from 1785 until 1790. The Statue of Liberty in New York Harbor greeted millions of arriving immigrants in the late 19th century and is a world symbol of the United States and its ideals. Manhattan became a borough during the consolidation of New York City in 1898 , and houses New York City Hall , the seat of the city's government . Harlem in Upper Manhattan became

5488-470: The deaths of 2,606 of the 17,400 who had been in the buildings when the planes hit, in addition to those on the planes. Since 2001, most of Lower Manhattan has been restored, although there has been controversy surrounding the rebuilding. In 2014, the new One World Trade Center , at 1,776 feet (541 m) measured to the top of its spire, became the tallest building in the Western Hemisphere and

5600-463: The temporary restraining order on the same day that the case was filed. On December 23, after a pair of hearings, Judge Martin granted a preliminary injunction, finding that Alliance "would almost certainly succeed on their breach of contract claims against GMD" and that "without the injunction they faced an irreparable injury since GMD's financial condition and dissipation of assets would frustrate any judgment recovered". He also ordered Alliance to post

5712-655: The topography and create the English-style pastoral landscape that Olmsted and Vaux sought. The remaining 70% of Manhattan's parkland includes 204 playgrounds, 251 Greenstreets, 371 basketball courts , and many other amenities. The next-largest park in Manhattan, the Hudson River Park , stretches 4.5 miles (7.2 km) along the Hudson River and comprises 550 acres (220 ha). Other major parks include: Manhattan

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5824-447: The world's tallest building . Manhattan's majority white ethnic group declined from 98.7% in 1900 to 58.3% by 1990. On March 25, 1911, the Triangle Shirtwaist Factory fire in Greenwich Village killed 146 garment workers , leading to overhauls of the city's fire department, building codes , and workplace safety regulations. In 1912, about 20,000 workers, a quarter of them women, marched upon Washington Square Park to commemorate

5936-686: The 1,537,195 counted in the 2000 census . In 2010, the largest organized religious group in Manhattan was the Archdiocese of New York , with 323,325 Catholics worshiping at 109 parishes, followed by 64,000 Orthodox Jews with 77 congregations, an estimated 42,545 Muslims with 21 congregations, 42,502 non-denominational adherents with 54 congregations, 26,178 TEC Episcopalians with 46 congregations, 25,048 ABC-USA Baptists with 41 congregations, 24,536 Reform Jews with 10 congregations, 23,982 Mahayana Buddhists with 35 congregations, 10,503 PC-USA Presbyterians with 30 congregations, and 10,268 RCA Presbyterians with 10 congregations. Altogether, 44.0% of

6048-452: The 1920s, Manhattan experienced large arrivals of African-Americans as part of the Great Migration from the southern United States, and the Harlem Renaissance , part of a larger boom time in the Prohibition era that included new skyscrapers competing for the skyline, with the Woolworth Building (1913), 40 Wall Street (1930), Chrysler Building (1930) and the Empire State Building (1931) leapfrogging each other to take their place as

6160-440: The 1970s, job losses due to industrial restructuring caused New York City, including Manhattan, to suffer from economic problems and rising crime rates. While a resurgence in the financial industry greatly improved the city's economic health in the 1980s, New York's crime rate continued to increase through the decade and into the beginning of the 1990s. The 1980s saw a rebirth of Wall Street , and Manhattan reclaimed its role as

6272-475: The 20th century. Ginsburg delivered an oral dissent, one of the 19 cases in which she did so during her time on the Supreme Court. In her dissent, she wrote: In my view, the Court relies on an unjustifiably static conception of equity jurisdiction. From the beginning, we have defined the scope of federal equity in relation to the principles of equity existing at the separation of this country from England [...]; we have never limited federal equity jurisdiction to

6384-448: The East River; and Governors Island and Liberty Island to the south in New York Harbor . The Island is about 13.4 miles (21.6 km) from north to south, and at its widest, 2.3 miles (3.7 km). Manhattan Island is loosely divided into Downtown ( Lower Manhattan ), Midtown ( Midtown Manhattan ), and Uptown ( Upper Manhattan ), with Fifth Avenue dividing Manhattan lengthwise into its East Side and West Side . Manhattan Island

6496-423: The Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court. Manhattan Manhattan ( / m æ n ˈ h æ t ən , m ə n -/ man- HAT -ən, mən- ) is the most densely populated and geographically smallest of the five boroughs of New York City . Coextensive with New York County , Manhattan is the smallest county by geographical area in

6608-432: The Senate. Harrison, however, declined to serve. In his place, Washington later nominated James Iredell , who joined the Court in 1790, thereby bringing the Court to its "full strength" complement of six members. The first six persons to serve on the United States Supreme Court (ordered by seniority) were: The seniority of the associate justices was set by § 1 of the Judiciary Act of 1789, which assigned seniority by

6720-423: The Supreme Court held that it was not available in U.S. courts. The dissenting justices agreed that this type of injunction was not traditionally available in 1789 but argued that equitable remedies can evolve with new circumstances, and that the modern ease of international transfer of assets justified this novel use of a preliminary injunction. The main issue was whether U.S. federal courts had authority to issue

6832-416: The Uniform Asset-Preservation Orders Act, as a solution to the lack of Mareva injunctions in the United States. The American Bar Association endorsed the proposal in 2013. However, as of 2018, no state had enacted the proposed statute. Judiciary Act of 1789 The Judiciary Act of 1789 (ch. 20, 1  Stat.   73 ) was a United States federal statute enacted on September 24, 1789, during

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6944-412: The United States, prejudgment attachment has long served a similar function. A writ of attachment allows a court to seize a defendant's property before trial. As originally used in England, attachment was limited to coercing a defendant to appear in court. In the United States, however, the property is seized instead for eventual use to satisfy a final judgment. Hence, the decision in Mareva arose from

7056-554: The bill on September 21, 1789. U.S. President George Washington signed the Act into law on September 24, 1789. The Act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices . The Supreme Court was given exclusive original jurisdiction over all civil actions between states, or between a state and the United States, as well as over all suits and proceedings brought against ambassadors and other diplomatic personnel; and original, but not exclusive, jurisdiction over all other cases in which

7168-440: The center of the island, Central Park , which opened its first portions to the public in 1858, became the first landscaped public park in an American city. New York City played a complex role in the American Civil War . The city had strong commercial ties to the South , but anger around conscription , resentment against Lincoln's war policies and paranoia about free Blacks taking the jobs of poor immigrants culminated in

7280-457: The center of what is now known as the cultural Harlem Renaissance in the 1920s. The Stonewall Inn in Greenwich Village , part of the Stonewall National Monument , is considered the birthplace in 1969 of the modern gay rights movement , cementing Manhattan's central role in LGBT culture . Manhattan was the site of the original World Trade Center , which was destroyed during the September 11, 2001 terrorist attacks . Situated on one of

7392-437: The city's skyline, most notably the Empire State Building, the Chrysler Building, and 30 Rockefeller Plaza . A postwar economic boom led to the development of huge housing developments targeted at returning veterans, the largest being Stuyvesant Town–Peter Cooper Village , which opened in 1947. The United Nations relocated to a new headquarters that was completed in 1952 along the East River. The Stonewall riots were

7504-952: The coldest winter month. Spring and autumn are unpredictable and can range from chilly to warm, although they are usually mild with low humidity. Summers are typically warm to hot and humid, with a daily mean temperature of 76.5 °F (24.7 °C) in July. Nighttime conditions are often exacerbated by the urban heat island phenomenon, which causes heat absorbed during the day to be radiated back at night, raising temperatures by as much as 7 °F (4 °C) when winds are slow. Daytime temperatures exceed 90 °F (32 °C) on average of 17 days each summer and in some years exceed 100 °F (38 °C). Extreme temperatures have ranged from −15 °F (−26 °C), recorded on February 9, 1934, up to 106 °F (41 °C) on July 9, 1936. Manhattan lies in USDA plant hardiness zone 7b (5 to 10 °F/-15 to -12.2 °C). Manhattan receives 49.9 inches (1,270 mm) of precipitation annually, which

7616-434: The colony. New Amsterdam was formally incorporated as a city on February 2, 1653. In 1664, English forces conquered New Netherland and renamed it "New York" after the English Duke of York and Albany , the future King James II. In August 1673, the Dutch reconquered the colony, renaming it "New Orange", but permanently relinquished it back to England the following year under the terms of the Treaty of Westminster that ended

7728-445: The dates borne on the judicial commissions each justice received from President Washington prior to taking office. This rule setting seniority of the justices is today codified at Title 28 U.S.C.   § 4 . A clause in Section 13 of the Judiciary Act, which granted the Supreme Court the power to issue writs of mandamus under its original jurisdiction, was later declared unconstitutional . In Marbury v. Madison , one of

7840-472: The decade to 1,694,250, representing 19.2% of New York City's population of 8,804,194 and 8.4% of New York State's population of 20,201,230. The population density of New York County was 70,450.8 inhabitants per square mile (27,201.2/km ) in 2022, the highest population density of any county in the United States and higher than the density of any individual U.S. city . At the 2010 census , there were 1,585,873 people living in Manhattan, an increase of 3.2% from

7952-404: The defendant and not necessarily over the defendant's property . In contrast, New York's attachment statute only allowed seizure of property located in the state. In 1994, Grupo Mexicano de Desarrollo (GMD), a company involved in the construction of public works in Mexico and Latin America , took out loans of $ 250 million from institutional investors . At the time, GMD was heavily invested in

8064-407: The demarcation line for east/west designations. South of Waverly Place , Fifth Avenue terminates and Broadway becomes the east/west demarcation line. In Manhattan, uptown means north and downtown means south. This usage differs from that of most American cities, where downtown refers to the central business district. As of the 2020 census , Manhattan's population had increased by 6.8% over

8176-421: The dissent's view that equity was flexible enough to grant preliminary asset-freezing injunction that had not previously been available: We do not question the proposition that equity is flexible; but in the federal system, at least, that flexibility is confined within the broad boundaries of traditional equitable relief . To accord a type of relief that has never been available before – and especially (as here)

8288-427: The district courts exercised much of the jurisdiction of the circuit courts). The circuit courts, which comprised a district judge and (initially) two Supreme Court justices "riding circuit", had original jurisdiction over serious crimes and civil cases of at least $ 500 involving diversity jurisdiction or the United States as plaintiff in common law and equity . The circuit courts also had appellate jurisdiction over

8400-907: The district courts over lawsuits by aliens for torts in violation of the law of nations or treaties of the United States . Immediately after signing the Judiciary Act into law, President Washington submitted his nominations to fill the offices created by the Act. Among the nominees were John Jay for Chief Justice of the United States ; John Rutledge , William Cushing , Robert H. Harrison , James Wilson , and John Blair Jr. as Associate Justices ; Edmund Randolph for Attorney General ; and myriad district judges , United States Attorneys , and United States Marshals for Connecticut , Delaware , Georgia , Kentucky , Maryland , Maine , Massachusetts , New Hampshire , New Jersey , New York , Pennsylvania , South Carolina , and Virginia . All six of Washington's Supreme Court nominees were confirmed by

8512-527: The district courts. The single-judge district courts had jurisdiction primarily over admiralty cases, petty crimes, and suits by the United States for at least $ 100. Notably, at this time, Congress did not grant original federal question jurisdiction to the federal courts, which is why diversity has been described as the "original" and "ancient" jurisdiction of the federal courts. Congress authorized all people to either represent themselves or to be represented by another person. The Act did not prohibit paying

8624-496: The elder sister of the king. Manhattan was first mapped during a 1609 voyage of Henry Hudson . Hudson came across Manhattan Island and the native people living there, and continued up the river that would later bear his name, the Hudson River . Manhattan was first recorded in writing as Manna-hata , in the logbook of Robert Juet, an officer on the voyage. A permanent European presence in New Netherland began in 1624, with

8736-500: The famous criticism of equity by the English jurist John Selden : "If, indeed, a Court of Equity in England did possess the unbounded jurisdiction, which has been thus generally ascribed to it, of correcting, controlling, moderating, and even superceding the law, and of enforcing all the rights, as well as charities, arising from natural law and justice , and of freeing itself from all regard to former rules and precedents , it would be

8848-503: The fire. Many of the women wore fitted tucked-front blouses like those manufactured by the company, a clothing style that became the working woman's uniform and a symbol of women's liberation , reflecting the alliance of the labor and suffrage movements. Despite the Great Depression , some of the world's tallest skyscrapers were completed in Manhattan during the 1930s, including numerous Art Deco masterpieces that are still part of

8960-485: The first documented European to visit the area that would become New York City. Verrazzano entered the tidal strait now known as The Narrows and named the land around Upper New York Harbor New Angoulême , in reference to the family name of King Francis I; he sailed far enough into the harbor to sight the Hudson River , and he named the Bay of Santa Margarita – what is now Upper New York Bay – after Marguerite de Navarre ,

9072-586: The first session of the First United States Congress . It established the federal judiciary of the United States . Article III , Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court , and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide. The existence of

9184-412: The founding of a Dutch fur trading settlement on Governors Island . In 1625, construction was started on the citadel of Fort Amsterdam on Manhattan Island, later called New Amsterdam ( Nieuw Amsterdam ), in what is now Lower Manhattan. The establishment of Fort Amsterdam is recognized as the birth of New York City. In 1647, Peter Stuyvesant was appointed as the last Dutch Director-General of

9296-508: The loan agreement and reported a net worth of negative $ 214 million. And while restructuring its debt , GMD had been giving priority to its creditors in Mexico, including the Mexican government and GMD's former employees. Alliance Bond Fund, Inc., a group of investors who were owed $ 75.8 million of the $ 250 million loans, sued GMD for breach of contract , seeking money damages of $ 80.9 million for

9408-554: The matter was definitively settled later that year when the New York Legislature overwhelmingly passed legislation declaring the neighborhood part of both New York County and the Borough of Manhattan. Within New York Harbor , there are three smaller islands: Other smaller islands, in the East River , include (from north to south): The bedrock underlying much of Manhattan consists of three rock formations: Inwood marble , Fordham gneiss , and Manhattan schist , and

9520-669: The moderating effects of the Atlantic Ocean , yet the Atlantic and the partial shielding from colder air by the Appalachians keep the city warmer in the winter than inland North American cities at similar or lesser latitudes. The daily mean temperature in January, the area's coldest month, is 32.6 °F (0.3 °C); temperatures usually drop to 10 °F (−12 °C) several times per winter, and reach 60 °F (16 °C) several days in

9632-432: The money judgment. However, it appealed the preliminary injunction as going beyond permitted federal injunctive relief and appealed the turnover order as not authorized by New York law. The preliminary injunction was unanimously affirmed by a panel of the U.S. Court of Appeals for the Second Circuit . Judge Joseph M. McLaughlin wrote the panel opinion, joined by Pierre N. Leval and Milton Pollack (a district judge of

9744-408: The most gigantic in its sway, and the most formidable instrument of arbitrary power , that could well be devised. [...] A Court of Chancery might then well deserve the spirited rebuke of Seldon ; 'For law we have a measure, and know what to trust to—Equity is according to the conscience of him, that is Chancellor ; and as that is larger, or narrower, so is Equity. 'T is all one, as if they should make

9856-510: The one commencing the first Monday of February, and the other the first Monday of August. [bold added] The Act also created 13 judicial districts within the 11 states that had then ratified the Constitution ( North Carolina and Rhode Island were added as judicial districts in 1790, and other states as they were admitted to the Union). Each state comprised one district, except for Virginia and Massachusetts , each of which comprised two. Massachusetts

9968-595: The opening of the Erie Canal in 1825, cutting transportation costs by 90% compared to road transport and connecting the Atlantic port to the vast agricultural markets of the Midwestern United States and Canada . Tammany Hall , a Democratic Party political machine , began to grow in influence with the support of many of the immigrant Irish , culminating in the election of the first Tammany mayor, Fernando Wood , in 1854. Covering 840 acres (340 ha) in

10080-835: The population was claimed as members by religious congregations, although members of historically African-American denominations were underrepresented due to incomplete information. In 2014, Manhattan had 703 religious organizations, the seventeenth most out of all US counties. There is a large Buddhist temple in Manhattan located at the foot of the Manhattan Bridge in Chinatown . As of 2015, 60.0% (927,650) of Manhattan residents, aged five and older, spoke only English at home, while 22.63% (350,112) spoke Spanish, 5.37% (83,013) Chinese, 2.21% (34,246) French, 0.85% (13,138) Korean, 0.72% (11,135) Russian, and 0.70% (10,766) Japanese. In total, 40.0% of Manhattan's population, aged five and older, spoke

10192-632: The primacy of the national judicial power over that of the states." The Act created the Office of Attorney General , whose primary responsibility was to represent the United States before the Supreme Court. The Act also created a United States Attorney and a United States Marshal for each judicial district. The Judiciary Act of 1789 included the Alien Tort Statute , now codified as 28 U.S.C.   § 1350 , which provides jurisdiction in

10304-575: The remainder of the war. British occupation lasted until November 25, 1783, when George Washington returned to Manhattan, a day celebrated as Evacuation Day , marking when the last British forces left the city. From January 11, 1785, until 1789, New York City was the fifth of five capitals of the United States under the Articles of Confederation , with the Continental Congress meeting at New York City Hall (then at Fraunces Tavern ). New York

10416-409: The seminal cases in American law, the Supreme Court held that was unconstitutional because it purported to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. The case was the first that clearly established that the judiciary can and must interpret what the Constitution permits and declare any laws which are contrary to the Constitution as unenforceable. Thus,

10528-570: The shorelines of the borough and the metropolitan area to minimize the risk of destructive consequences from another such event in the future. On October 31, 2017 , a terrorist drove a truck down a bike path alongside the West Side Highway in Lower Manhattan, killing eight. According to the United States Census Bureau , New York County has a total area of 33.6 square miles (87 km ), of which 22.8 square miles (59 km )

10640-432: The sidewalk, prompted the passage of the 1916 Zoning Resolution , requiring new buildings to contain setbacks withdrawing progressively at a defined angle from the street as they rose, in order to preserve a view of the sky at street level. Manhattan's skyline includes several buildings that are symbolic of New York, in particular the Chrysler Building and the Empire State Building , which sees about 4 million visitors

10752-535: The site was used to expand the Manhattan shoreline across West Street, creating Battery Park City . Constructed on piers at a cost of $ 260 million, Little Island opened on the Hudson River in May 2021, connected to the western termini of 13th and 14th Streets by footbridges . Marble Hill was part of the northern tip of Manhattan Island, but the Harlem River Ship Canal , dug in 1895 to better connect

10864-411: The specific practices and remedies of the pre-Revolutionary Chancellor. Grupo Mexicano was the first of a series of decisions of the Supreme Court reemphasizing distinctions between legal and equitable remedies. It embraced an originalist test for when injunctive relief is available. For the first time, the court rejected an equitable remedy on the basis that it had not been available in England around

10976-552: The standard for the measure the Chancellor's foot. What an uncertain measure would this be? One Chancellor has a long foot; another a short foot; a third an indifferent foot. It is the same thing with the Chancellor's conscience.'" 1 Commentaries on Equity Jurisprudence § 19, at 21. And ended by saying: "Because such a remedy was historically unavailable from a court of equity, we hold that the District Court had no authority to issue

11088-619: The structure began in October 1963. The loss of Penn Station led directly to the enactment in 1965 of a local law establishing the New York City Landmarks Preservation Commission , which is responsible for preserving the "city's historic, aesthetic, and cultural heritage ". The historic preservation movement triggered by Penn Station's demise has been credited with the retention of some one million structures nationwide, including over 1,000 in New York City. In 2017,

11200-559: The third Chief Justice of the United States, was its chief author. The bill passed the Senate 14–6 on July 17, 1789, and the House of Representatives then debated the bill in July and August 1789. The House passed an amended bill 37–16 on September 17, 1789. The Senate struck four of the House amendments and approved the remaining provisions on September 19, 1789. The House passed the Senate's final version of

11312-512: The three-day-long New York Draft Riots of July 1863, among the worst incidents of civil disorder in American history. The rate of immigration from Europe grew steeply after the Civil War, and Manhattan became the first stop for millions seeking a new life in the United States, a role acknowledged by the dedication of the Statue of Liberty in 1886. This immigration brought further social upheaval. In

11424-517: The time that the United States was founded. Some scholars criticized the majority for its narrow view of the judicial role in remedies. Lower courts such as the First and Ninth Circuit have read the holding in Grupo Mexicano narrowly to avoid broader implications in for remedies in other areas. In 2012 the Uniform Law Commission proposed a Uniform Asset-Freezing Orders Act, renamed in 2014

11536-469: The world's financial center , with Wall Street employment doubling from 1977 to 1987. The 1980s also saw Manhattan at the heart of the AIDS crisis , with Greenwich Village at its epicenter. In the 1970s, Times Square and 42nd Street – with its sex shops , peep shows , and adult theaters, along with its sex trade , street crime, and public drug use – became emblematic of the city's decline, with

11648-527: The world's largest natural harbors , the borough is bounded by the Hudson , East , and Harlem rivers and includes several small adjacent islands , including Roosevelt , U Thant , and Randalls and Wards Islands . It also includes the small neighborhood of Marble Hill now on the U.S. mainland . Manhattan Island is divided into three informally bounded components, each cutting across the borough's long axis: Lower Manhattan, Midtown , and Upper Manhattan. Manhattan

11760-505: The world's top 10 most-visited tourist attractions: Times Square , Central Park , and Grand Central Terminal . Penn Station is the busiest transportation hub in the Western Hemisphere . Chinatown incorporates the highest concentration of Chinese people in the Western Hemisphere. Fifth Avenue is the most expensive shopping street in the world. The borough hosts many prominent bridges , tunnels , and skyscrapers including

11872-591: The world's two largest stock exchanges by total market capitalization , the New York Stock Exchange and Nasdaq . Many multinational media conglomerates are based in Manhattan, as are numerous colleges and universities, such as Columbia University and New York University . The headquarters of the United Nations is located in the Turtle Bay neighborhood of Midtown Manhattan. Manhattan hosts three of

11984-529: The world." By the 1990s, crime rates began to drop dramatically and the city once again became the destination of immigrants from around the world, joining with low interest rates and Wall Street bonus payments to fuel the growth of the real estate market. Important new sectors, such as Silicon Alley , emerged in the Flatiron District , cementing technology as a key component of Manhattan's economy. The 1993 World Trade Center bombing , described by

12096-553: Was divided into the District of Maine (which was then part of Massachusetts) and the District of Massachusetts (which covered modern-day Massachusetts). Virginia was divided into the District of Kentucky (which was then part of Virginia) and the District of Virginia (which covered modern-day West Virginia and Virginia). This Act established a circuit court and district court in each judicial district (except in Maine and Kentucky, where

12208-620: Was established as one of the five boroughs of New York City . The Bronx remained part of New York County until 1914, when Bronx County was established. The construction of the New York City Subway , which opened in 1904, helped bind the new city together, as did the completion of the Williamsburg Bridge (1903) and Manhattan Bridge (1909) connecting to Brooklyn and the Queensboro Bridge (1909) connecting to Queens. In

12320-439: Was opened in January 2021. Parkland covers a total of 2,659 acres (10.76 km ), accounting for 18.2% of the borough's land area; the 840-acre (3.4 km ) Central Park is the borough's largest park, comprising 31.6% of Manhattan's parkland. Designed by Frederick Law Olmsted and Calvert Vaux , the park is anchored by the 12-acre (4.9 ha) Great Lawn and offers extensive walking tracks , two ice-skating rinks,

12432-507: Was originally part of Lenape territory. European settlement began with the establishment of a trading post by Dutch colonists in 1624 on southern Manhattan Island; the post was named New Amsterdam in 1626. The territory and its surroundings came under English control in 1664 and were renamed New York after King Charles II of England granted the lands to his brother, the Duke of York . New York, based in present-day Lower Manhattan , served as

12544-689: Was the first capital under the newly enacted Constitution of the United States , from March 4, 1789, to August 12, 1790, at Federal Hall . Federal Hall was where the United States Supreme Court met for the first time, the United States Bill of Rights were drafted and ratified, and where the Northwest Ordinance was adopted, establishing measures for admission to the Union of new states. New York grew as an economic center, first as

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