Download or read book Federal Courts written by Louise Weinberg and published by . This book was released on 1994 with total page 1398 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Courts Cases and Comments on Judicial Federalism and Judicial Power written by Louise Weinberg and published by . This book was released on 1994-10 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Courts written by Louise Weinberg and published by . This book was released on 1995-08 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Judicial Power written by Michael Buenger and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federal Courts in Context written by Erwin Chemerinsky and published by Aspen Publishing. This book was released on 2023-06-23 with total page 1698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Courts deservedly has the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls “deep learning.” It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis, but also the necessary foundation for inclusive pedagogy in the training of diverse 21st century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky’s Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes. Benefits for instructors and students: Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky’s Federal Jurisdiction Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court’s federalism revival, and separation of powers Makes explicit the influences of Indian Removal, allotment, and the late nineteenth century extension of American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing Marries doctrinal and theoretical precision about the course’s core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning
Download or read book 1997 Supplement to Federal Courts written by Louise Weinberg and published by West Group. This book was released on 1996-08-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Courts written by Martin H. Redish and published by West Academic Publishing. This book was released on 2002 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This law school casebook features updated cases, notes, and discussion of scholarly literature. Also a new chapter on the recurring themes on judicial federalism, which covers such topics as the long-running debate on parity between the state and federal courts. Also includes judicial review, abstention, and anti-injunction issues.
Download or read book Federal Jurisdiction written by Martin H. Redish and published by . This book was released on 1991 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Respecting State Courts written by Michael E. Solimine and published by Praeger. This book was released on 1999-12-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines major issues revolving around judicial federalism in the United States.
Download or read book Courts in Federal Countries written by Nicholas Theodore Aroney and published by University of Toronto Press. This book was released on 2017-04-24 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Law national Power and Federalism written by Christopher N. May and published by Aspen Publishers. This book was released on 1998 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATIONAL POWER AND FEDERALISM is part of a two-volume set that includes a corresponding treatment of Individual Rights. Now your students can get the specific extra guidance they need, when they need it. Organized to parallel the major casebooks, this inexpensive study guide adheres To The successful format of the Examples & Explanations Series: -Clear, readable text includes sufficient historical and theoretical detail to supply a solid overview without overwhelming readers -Examples bring the complex issues to life and show students how to apply what they have learned in class -Explanations help students measure their understanding of the material and provide suggested answers and feedback No other book offers such an engaging and effective approach. In a straightforward--but not simplistic -- style, May and Ides address: -Judicial Review -Congressional Power to Limit the Jurisdiction of the Supreme Court and Inferior Federal Courts -Justiciability -Special Limitations on Federal Judicial Review of State Laws -Powers of the National Government -The Supremacy Clause -The Separation of Powers -The Dormant Commerce Clause -The Privileges and Immunities Clause of Article IV. This comprehensive yet manageable guide is distinguished from the crowd of superficial Con Law study aids by the level of practice it affords students. When you review CONSTITUTIONAL LAW: National Power and Federalism, Examples and Explanations, you'll find it a worthy teaching partner, ideally suited To The needs of the first-year law student. Table of Contents Preface Acknowledgments Chapter 1: Judicial Review 1.1 Introduction and Overview 1.2 the Background of Marbury v. Madison 1.3 Marbury v. Madison: Judicial Review of the Coordinate Branches 1.4 Federal Judicial Review of State Conduct 1.5 the Role of the Judicial Review in a Democratic Society 1.6 the Debate Over Constitutional Interpretation 1.7 the Techniques of Constitutional Interpretation 1.8 Authoritativeness of Judicial Interpretations Chapter 2: Congressional Power to Limit the Jurisdiction of the Supreme Court and Inferior Federal Courts 2.1 Introduction and Overview 2.2 the Power to Make Exceptions To The Jurisdiction of the Supreme Court 2.3 the Power to Create Article III Courts Inferior To The Supreme Court 2.4 the Power to Create Non-Article III Courts Chapter 3: Justiciability 3.1 Introduction and Overview 3.2 the Elements of a Case or Controversy 3.3 Prudential Considerations: Beyond the Constitutional Minimum 3.4 the Standing Doctrine 3.5 the Timeline of Justiciability: The Ripeness and Mootness Doctrine 3.6 Ripeness Applied 3.7 Mootness Applied 3.8 the Political Question Doctrine Chapter Four: Special Limitations on Federal Judicial Review of State Laws 4.1 Introduction and Overview 4.2 the 11th Amendment 4.3 the Siler Doctrine 4.4 the Pullman Doctrine 4.5 the Younger Doctrine Chapter 5: The Powers of the National Government 5.1 Introduction and Overview 5.2 Necessary and Proper Clause 5.3 the Power Over Interstate Commerce 5.4 the Power to Tax and Spend 5.5 the Power Over Foreign Affairs 5.6 the Constitutionally Enforceable Principle of Federalism Chapter 6: The Supremacy Clause 6.1 Introduction and Overview 6.2 the Preemption Doctrine 6.3 Federal Immunity from State Regulation 6.4 Federal Immunity from State Taxation 6.5 State Imposed Term Limits on Federal Office Chapter 7: The Separation of Powers 7.1 Introduction and Overview 7.2 'Checks and Balances' And The Commingling of Powers 7.3 Textual versus Structural or Functional Arguments 7.4 the Domestic Arena 7.5 War and Foreign Affairs 7.6 Impeachment 7.7 the Speech or Debate Clause 7.8 Executive Immunity and Executive Privilege Chapter
Download or read book Constitutional Law Federal governmental powers and federalism written by James Carl Foster and published by . This book was released on 1998 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book presents the inner workings of American constitutional law within the framework of the social, legal, and political contexts from which the cases arose. It addresses the implications of each case on the political system and its effect on the relationship between the Court and the other two branches of government. The book traces each case from the time it is filed to its appearance on the Court's docket, explains the reasoning of the lower court and demonstrates the climate of legal opinion in which the case is presented before the Court. The book includes highlights of Supreme Court arguments with summaries of legal theories offered to the Justices and original source material that show how ideas, thought processes, language, and debate develop into constitutional doctrine. A valuable reference book for anyone who needs a greater understanding of the effect of Supreme Court decisions on our political system.
Download or read book Judicial Federalism Under Marshall and Taney written by Michael G. Collins and published by . This book was released on 2018 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court during the Chief Justiceship of John Marshall is associated with endorsement of broad regulatory powers in Congress and broad federal question jurisdiction in the federal courts under Article III. By contrast, the successor Court under Chief Justice Roger Taney remains tied to its determination in Dred Scott that Congress lacked powers to enact the Missouri Compromise prohibiting slavery in certain of the territories, and to Taney's opinion that descendants of African slaves could never be citizens who could invoke the federal courts' diversity of citizenship jurisdiction. This article addresses the ways in which the Taney Court nevertheless outdid the Marshall Court in terms of a nationalist approach to judicial federalism.The Marshall Court faced a political environment hostile to the Federalist-dominated federal courts, and in reaction repeatedly expressed respect for congressional power over its jurisdiction, and tied its expansions of federal judicial power closely to expansive views of congressional power. The Taney Court, by contrast, did not face similar political-branch threats. Its jurisdictional opinions were less deferential to Congress than Marshall Court opinions. And while the Marshall Court tied its expansions of judicial power to broad views of congressional power, the Taney Court's expansions of judicial power operated to limit any concomitant expansion of congressional power.The Taney Court accomplished this by expanding diversity of citizenship jurisdiction beyond what the Marshall Court had done and by explicitly adopting the use of a uniform judge-made general common law in diversity cases. It also expanded admiralty jurisdiction by an interpretation of Article III's admiralty provision that was contrary to Marshall Court precedent, and rejected a proffered Commerce Clause justification that would have entailed broader congressional powers. And when it channeled certain matters away from the state courts to the federal courts based on exclusive federal powers, the Taney Court relied on implied federal powers whose enforcement could be limited by notions of necessity, as distinguished from the Marshall Court's looser version of “necessary and proper.”
Download or read book Constitutional Law written by Daniel E. Hall and published by Cengage Learning. This book was released on 1997 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a thorough examination of the constitution and it's effects on state and federal government today. Constitutional Law: Governmental Powers, Structures, and Limits, is a "must have" for students and professionals in the legal field who needs to keep well versed in the areas of constitutional law.
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book Examples Explanations for Constitutional Law written by Christopher N. May and published by Aspen Publishing. This book was released on 2021-12-30 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examples & Explanations for Constitutional Law: National Power and Federalism, Ninth edition, by Christopher N. May, Allan Ides, and Simona Grossi, provides a clearly written, comprehensive examination of constitutional doctrine pertaining to national power and federalism. This problem-oriented study guide provides students and teachers with a highly readable and accessible study of constitutional law. Both this book and its companion volume,¿Examples & Explanations for Constitutional Law: Individual Rights, combine detailed textual material with real-world examples and explanations that apply the relevant constitutional doctrine to specific fact patterns. The text operates as a readable and citable treatise on the topics covered, and the examples and explanations serve as an elaboration on that text. Its unique, time-tested Examples & Explanations pedagogy combines textual material with well-written, comprehensive and up-to-date examples, explanations and questions. A favorite among law school students, and often recommended by professors, this guide takes students through the principal doctrines of constitutional law covered in a typical course. New to the Ninth Edition: Inclusion of more than 40 new Supreme Court cases New and updated Examples & Explanations More sophisticated discussion of the federal preemption doctrine Updated treatment of presidential impeachment Expanded discussion of the executive privilege doctrine Deeper coverage of the appointment and removal of federal officials Professors and students will benefit from: Hypotheticals similar to those presented in class, with structure and reasoning behind the corresponding analysis An alternative perspective to help you understand your casebook and in-class lectures Straightforward, informal text that is never simplistic, and quickly gets to the point in conversational style laced with humor Adaptability with all major Constitutional Law casebooks Authors with over 70 years of combined experience teaching Constitutional Law
Download or read book Federalism as Seen by the U S Supreme Court written by Richard H. W. Maloy and published by Vandeplas Pub.. This book was released on 2008 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism is a form of government possessed and utilized by several countries of the world, including the United States of America. When the Constitution of the newly formed United States was framed in 1787 it provided that it and the laws of the United States which shall be made in pursuance thereof, shall be the supreme Law of the Land. Shortly thereafter, by the Tenth Amendment, it was specified that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Thus the Constitution itself posed for federalism an unanswered question how much power does the federal government the United States have, and how much power remains in the States? The Supreme Court of that country, which initially was the sole tribunal entrusted with its judicial power, over the four centuries during which it has existed wrestled with this seemingly eternal question virtually every day it is in session. It has analyzed, construed and applied the principles of federalism in decisions covering a wide spectrum of specialties. Professor Maloy, in this work, has referred to 500 of those decisions, dealing with thirty-eight specialties, including, but not limited to desegregation, domestic relations, labor relations and taxation. The cases range from the Court s first decision . Georgia v. Brailsford, decided in 1792 to its last decision, to date District of Columbia v. Heller, decided June 26, 2008. While the question how much power does the federal government the United States have, and how much power remains in the States? is not completely answered, as this book reveals, far more is known about American federalism in 2008 than in 1787. American federalism in a vibrant and dynamic country, such as the United States, may never be completely defined, but that is just one of its features which makes it fascinating to legal scholars. About the author: Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies."
