Reclaiming The Federal Courts

Author : Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull
Publisher : Oxford University Press
Page : 561 pages
File Size : 43,7 Mb
Release : 2016
Category : Law
ISBN : 9780199387908

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The Federal Courts by Peter Charles Hoffer,Williamjames Hoffer,N. E. H. Hull Pdf

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

Author : Russell R. Wheeler,Cynthia Ellen Harrison
Publisher : Unknown
Page : 44 pages
File Size : 51,8 Mb
Release : 1989
Category : Courts
ISBN : IND:30000066868310

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Creating the Federal Judicial System by Russell R. Wheeler,Cynthia Ellen Harrison Pdf

Author : Richard D. Freer,Martin H. Redish
Publisher : West Academic Publishing
Page : 452 pages
File Size : 50,6 Mb
Release : 2004
Category : Law
ISBN : STANFORD:36105063719459

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Federal Courts by Richard D. Freer,Martin H. Redish Pdf

Freer and Redish's Black Letter Outline on Federal Courts is a tool for the law student or practitioner who wishes to gain a comprehensive understanding of the basic principles of federal jurisdiction and issues of law that arise in determining whether a case is properly in the federal court. This edition will assist in sorting the various rules and constitutional interpretations that serve as guidelines for getting a particular case in the proper forum. It includes a text correlation chart cross-referenced to the leading casebooks on federal jurisdiction. You'll find numerous examples, short questions and answers, a practice examination, a table of cases, and a glossary of important terms.

Author : Larry Yackle
Publisher : University of Chicago Press
Page : 274 pages
File Size : 45,5 Mb
Release : 2008-09-15
Category : Political Science
ISBN : 9780226944739

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Regulatory Rights by Larry Yackle Pdf

We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In Regulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it. It matters who sits on the Supreme Court, he argues, precisely because justices do create individual constitutional rights. Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. Regulatory Rights is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.

Author : Robert A. Carp,Ronald Stidham
Publisher : Unknown
Page : 280 pages
File Size : 44,5 Mb
Release : 1985
Category : Law
ISBN : UOM:39015015358420

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The Federal Courts by Robert A. Carp,Ronald Stidham Pdf

A textbook for elementary courses on such topics as judicial process and behavior, constitutional law, American government, and law and society. Carp (political science, U. of Houston) and Stidham (political science and criminal justice, Appalachian State U.) update the 1998 edition to include a final view of the Clinton administration's impact on the federal judiciary, and to speculate on that of the new administration. c. Book News Inc.

Author : Kennedy, James Ronald
Publisher : Pelican Publishing
Page : 352 pages
File Size : 54,6 Mb
Release : 2024-06-01
Category : Federal government
ISBN : 145561095X

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Reclaiming Liberty by Kennedy, James Ronald Pdf

Blueprint for a "Liberty-Based Society." The present movement toward an all-powerful government is approaching exhaustion. Recognizing that special interests-both liberal and conservative-participating in the spoils of the system have failed to defend Americans' personal freedoms, James Ronald Kennedy has issued a call to action. By following these steps, modern Americans can establish a "Liberty-Based Society" and recapture a Jacksonian democracy in which everyone enjoys the rights and prosperity envisioned by our forefathers. Mr. Kennedy presents workable solutions, supported by our original Constitution, to combat runaway taxation, federal interference, welfare abuse, and other current societal ills. He offers historical evidence to support his conviction that all Americans will benefit, grow, and prosper in an audacious new society that encourages personal accountability, self-determinism, and individual ambition.

Author : Larry W. Yackle
Publisher : Harvard
Page : 320 pages
File Size : 44,7 Mb
Release : 1994
Category : Appellate courts
ISBN : UOM:39015032715651

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Reclaiming the Federal Courts by Larry W. Yackle Pdf

Go ahead and try to make a federal case of it. That may seem to be your right, but as Yackle reveals, the guardians of that right don't see it that way. A systematic study of the role the federal courts play in enforcing the Constitution, this book shows how the current Supreme Court has undermined that role by restricting citizens' access.

Author : Christopher P. Banks
Publisher : Bloomsbury Publishing USA
Page : 529 pages
File Size : 52,9 Mb
Release : 2017-01-26
Category : Political Science
ISBN : 9781440841460

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The State and Federal Courts by Christopher P. Banks Pdf

How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society. This single-volume work provides a comprehensive and contemporary treatment of the historical development of state and federal courts that clearly documents how they have evolved into significant political institutions. It addresses vital and highly relevant subjects such as the constitutional origins of courts, the nature of judicial selection and service, and the organization of courts and their administration. The book explains civil and criminal legal proceedings, the political impact of judicial rulings, and the restraints placed upon the exercise of judicial powers. Readers will come away with an understanding of the key principles of constitutional interpretation and judicial review as well as judicial independence, what factors affect access to courts, the underlying politics of state judicial campaigns, and the confirmation of presidential appointments to the federal bench. The book covers historical and contemporary court perspectives on major issues, such as same-sex marriage, the Affordable Care Act, campaign financing, gun rights, free speech and religious freedom, racial discrimination, affirmative action, criminal procedure and punishments, property rights, and voting rights.

Author : Thomas E. Baker
Publisher : Unknown
Page : 124 pages
File Size : 48,9 Mb
Release : 2009
Category : Appellate courts
ISBN : HARVARD:32044116009390

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A Primer on the Jurisdiction of the U.S. Courts of Appeals by Thomas E. Baker Pdf

Author : Judith A. Baer
Publisher : Cornell University Press
Page : 309 pages
File Size : 45,9 Mb
Release : 2018-03-15
Category : Law
ISBN : 9781501722745

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Equality Under the Constitution by Judith A. Baer Pdf

The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.

Author : Heidi Kitrosser
Publisher : University of Chicago Press
Page : 292 pages
File Size : 42,7 Mb
Release : 2015-01-06
Category : Law
ISBN : 9780226191638

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Reclaiming Accountability by Heidi Kitrosser Pdf

Americans have long treated government accountability as a birthright. However, accountability is frequently tossed about in a rhetorically effective but substantively empty way. We often feel that those in government “work for us” and therefore must “answer to us,” but fail to grapple with the conditions under which we can really assess how accountable our government is. This is especially true with respect to matters of secrecy and transparency in government as, while we routinely voice support for transparency and accountability, we too often tolerate secrecy when associated with “national security.” The government plainly needs to keep some information secret, and there are ways to reconcile secrecy with accountability. In Reclaiming Accountability, unchecked secrecy is the primary concern as insufficient checking breeds unnecessary, even counterproductive, secrecy and is also deeply antithetical to accountability. Heidi Kitrosser shows how, for all of its influence, “presidentialism” badly misreads the Constitution. The book first explains presidentialism and its major component parts – “supremacy” and “unitary executive theory.” It then details how supremacy and unitary executive theory manifest themselves as arguments for a broad presidential power to control information. The descriptive elements lay the groundwork for Kitrosser's two normative arguments. The first is that the Constitution situates the presidency within a substantive accountability framework that entails substantial congressional and judicial leeway to impose and enforce external and internal checks on presidential power to foster transparency and accountability. And, closely related, the second argument is that supremacy and unitary executive theory misread the Constitution.

Author : United States
Publisher : Unknown
Page : 774 pages
File Size : 53,5 Mb
Release : 1972
Category : Irrigation laws
ISBN : IND:30000044978009

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Federal Reclamation and Related Laws Annotated by United States Pdf

Author : Larry W. Yackle
Publisher : Foundation Press
Page : 0 pages
File Size : 41,5 Mb
Release : 2010
Category : Appellate procedure
ISBN : 1599414996

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Federal Courts by Larry W. Yackle Pdf

The law school study aid Yackle's Federal Courts: Habeas Corpus examines federal court authority to review habeas petitions by state prisoners who claim they were convicted or sentenced in violation of their federal constitutional rights. Federal court authority under this heading has theoretical implications for the federal system, as well as practical significance for the implementation of constitutional standards in criminal cases, particularly in capital cases.

Author : Erwin Chemerinsky
Publisher : Aspen Publishing
Page : 1200 pages
File Size : 51,9 Mb
Release : 2016-01-01
Category : Law
ISBN : 9781454876618

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Aspen Treatise for Federal Jurisdiction by Erwin Chemerinsky Pdf

In Federal Jurisdiction, Seventh Edition, luminary author Erwin Chemerinsky unpacks the black letter law and underlying policy issues of his subject with the clarity and penetrating insight for which he is renowned. An accessible and thorough exposition of the laws, issues, and policies that determine the jurisdiction of federal courts— students know they can rely on Federal Jurisdiction to inform and enrich their understanding of the cases and materials covered in this course. FEDERAL JURISDICTION, SEVENTH EDITION features: Comprehensive coverage that includes historical background, contemporary themes, and a lucid three-part organization of topics Illuminating descriptions and analyses of doctrine and policy Readable prose that explains current law, identifies unresolved issues, and examines competing policy considerations An even-handed treatment that considers multiple perspectives Updated throughout, the SEVENTH EDITION includes: Recent developments in standing, nonArticle III courts, sovereign immunity, Section 1983, Bevins liability, and habeas corpus New cases Clapper v. Amnesty International Susan B. Anthony List v. Driehaus Zivotofsky v. Clinton Wellness International Network Ltd. v. Sharif Lane v. Franks Minneci v. Pollard Sprint Communications, Inc. v. Jacobs

Author : Erwin Chemerinsky
Publisher : Stanford University Press
Page : 312 pages
File Size : 53,7 Mb
Release : 2008-05-22
Category : Political Science
ISBN : 9780804763134

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Enhancing Government by Erwin Chemerinsky Pdf

Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.