The State And Federal Courts

Author : Nicholas Theodore Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 600 pages
File Size : 44,9 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781487511487

Get Book

Courts in Federal Countries by Nicholas Theodore Aroney,John Kincaid Pdf

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Author : Arthur D. Hellman,Lauren Robel
Publisher : Unknown
Page : 1494 pages
File Size : 55,7 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105063937432

Get Book

Federal Courts by Arthur D. Hellman,Lauren Robel Pdf

Author : Michael Buenger,Paul J. De Muniz
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 54,9 Mb
Release : 2015-11-27
Category : LAW
ISBN : 9781783477906

Get Book

American Judicial Power by Michael Buenger,Paul J. De Muniz Pdf

American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

Author : Judge Jeffrey S. Sutton
Publisher : Oxford University Press
Page : 288 pages
File Size : 50,9 Mb
Release : 2018-05-07
Category : Electronic
ISBN : 9780190866068

Get Book

51 Imperfect Solutions by Judge Jeffrey S. Sutton Pdf

When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

Author : Aziz Z. Huq
Publisher : Oxford University Press
Page : 193 pages
File Size : 41,7 Mb
Release : 2021
Category : LAW
ISBN : 9780197556818

Get Book

The Collapse of Constitutional Remedies by Aziz Z. Huq Pdf

"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Author : Christopher P. Banks
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2017
Category : Courts
ISBN : 9798216148

Get Book

The State and Federal Courts by Christopher P. Banks Pdf

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2021
Category : Court rules
ISBN : 1663319006

Get Book

Federal Rules of Court by Anonim Pdf

Author : George Chandler Holt
Publisher : Unknown
Page : 278 pages
File Size : 45,9 Mb
Release : 1888
Category : Courts
ISBN : PRNC:32101043029006

Get Book

The Concurrent Jurisdiction of the Federal and State Courts by George Chandler Holt Pdf

Author : Glen Krutz,Sylvie Waskiewicz
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2023-05-12
Category : Electronic
ISBN : 1738998479

Get Book

American Government 3e by Glen Krutz,Sylvie Waskiewicz Pdf

Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

Author : J. Woodford Howard Jr.
Publisher : Princeton University Press
Page : 445 pages
File Size : 53,7 Mb
Release : 2014-07-14
Category : Law
ISBN : 9781400855452

Get Book

Courts of Appeals in the Federal Judicial System by J. Woodford Howard Jr. Pdf

Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges in making law and policy; and third, how can quality judicial decisions be maintained under heavy-volume pressure. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author : Edward A. Purcell
Publisher : Yale University Press
Page : 446 pages
File Size : 54,8 Mb
Release : 2000-02-09
Category : Law
ISBN : 0300078048

Get Book

Brandeis and the Progressive Constitution by Edward A. Purcell Pdf

During the twentieth century, and particularly between the 1930s and 1950s, ideas about the nature of constitutional government, the legitimacy of judicial lawmaking, and the proper role of the federal courts evolved and shifted. This book focuses on Supreme Court justice Louis D. Brandeis and his opinion in the 1938 landmark case Erie Railroad Co. v. Tompkins, which resulted in a significant relocation of power from federal to state courts. Distinguished legal historian Edward A. Purcell, Jr., shows how the Erie case provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era. Purcell also offers an in-depth study of Brandeis's constitutional jurisprudence and evolving legal views. Examining the social origins and intended significance of the Erie decision, Purcell concludes that the case was a product of early twentieth-century progressivism. The author explores Brandeis's personal values and political purposes and argues that the justice was an exemplar of neither "judicial restraint" nor "neutral principles," despite his later reputation. In an analysis of the continual reconceptions of both Brandeis and Erie by new generations of judges and scholars in the twentieth century, Purcell also illuminates how individual perspectives and social pressures combined to drive the law's evolution.

Author : Laura E. Little
Publisher : Aspen Law & Business
Page : 0 pages
File Size : 46,5 Mb
Release : 2007
Category : Law
ISBN : 073556146X

Get Book

Federal Courts by Laura E. Little Pdf

Following the dependable Examples and Explanations method, this reliable guide offers ample features and benefits: - each section provides students with a short account of the law, and includes a variety of concrete examples & explanations designed to uncover uncertainties in the law and reinforce key rules and concepts - cutting-edge coverage unveils many important recent developments absent in competing books, such as: - Hamdan v. Rumsfeld (non-Article III courts -- 2006) - Marshall v. Marshall (diversity of citizenship -- 2006) - The Class Action Fairness Act (diversity of citizenship -- 2005) - Terri Schiavo litigation (congressional control of federal court jurisdiction -- 2005) - Grable & Sons v. Darue Engineering (federal question jurisdiction -- 2005) - Empire Healthchoice Assurance, Inc. v. McVeigh (2006) - Exxon Mobil v. Allapattah (supplemental jurisdiction -- 2005) - Lance v. Dennis (Rooker-Feldman doctrine 2006) - Exxon Mobil v. Saudi Basic Industries (Rooker-Feldman doctrine -- 2005) - Habeas Corpus cases (2005-2006) - nuances and unsettled issues in the law are openly addressed - widely respected federal courts scholar, Professor Laura E. Little, transforms her global knowledge of federal courts issues in a format that students can digest and master - an accessible and clear writing style provides lucid explanations of complex areas of the law and breaks down doctrines into component parts. Page layout is designed for easy retrieval and understanding - a sensible and flexible organization caters to students with various learning styles. Topics are organized according to the various functions of federal courts, whichgives the book thematic coherence while still allowing students to use the content according to their own needs - visual aids, including several graphs and illustrations that illustrate both macro and micro understandings of the material, are designed to convey intricacies of rules as well as larger relationships among doctrines and institutions - examples demonstrate complexities and ambiguities in the legal doctrine, while the explanations demonstrate practical skills for coping with uncertainty in the law, anticipating and outlining arguments on both sides of a controversy. Combined, these model good lawyering and exam-taking techniques

Author : Charles Alan Wright
Publisher : Unknown
Page : 922 pages
File Size : 50,7 Mb
Release : 1983
Category : Law
ISBN : STANFORD:36105060471591

Get Book

The Law of Federal Courts by Charles Alan Wright Pdf

Offers practical guidance and comprehensive coverage on all aspects of federal court jurisdiction and litigation procedure, as well as the relationship between the state and federal courts. Text reviews the federal judicial system; judicial power of the United States; diversity of citizenship; venue; pleadings, trials, and judgments; and appellate court jurisdiction.

Author : Elizabeth Mac Donald
Publisher : Unknown
Page : 400 pages
File Size : 50,9 Mb
Release : 2021-06
Category : Church and state
ISBN : 1912054728

Get Book

A Matter of Interpretation by Elizabeth Mac Donald Pdf

It's 13th-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his "lost" knowledge. The Scot sets to his task, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State--one that has shaped how we view the world today.

Author : Anthony J. Bellia Jr.,Bradford R. Clark
Publisher : Oxford University Press
Page : 224 pages
File Size : 43,6 Mb
Release : 2017-03-10
Category : Law
ISBN : 9780190666781

Get Book

The Law of Nations and the United States Constitution by Anthony J. Bellia Jr.,Bradford R. Clark Pdf

The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.