Download or read book Reclaiming the Federal Courts written by Larry W. Yackle and published by Harvard. This book was released on 1994 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Federal Courts written by Peter Charles Hoffer and published by Oxford University Press. This book was released on 2016 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
Download or read book Creating the Federal Judicial System written by Russell R. Wheeler and published by . This book was released on 1989 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reform and Regret written by Larry W. Yackle and published by . This book was released on 1989 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an engaging descriptive analysis of the campaign to achieve prison reform in Alabama through constitutional litigation in the federal courts. When the deplorable conditions in Alabama's shockingly overcrowded and understaffed prisons were revealed at a trial in 1975, Judge Frank Johnson declared that the prison system as a whole constituted a cruel punishment which was in violation of the eighth amendment. He issued an elaborate decree specifying improvements that were needed to satisfy constitutional standards. By 1988, federal judges had ordered wideranging reforms in the penal systems of thirty-seven states. This book outlines the background against which Judge Johnson acted, the process that produced the decree, and subsequent efforts to enforce his order in the face of bureaucratic inertia, administrative incompetence, and political demagogy.
Download or read book Regulatory Rights written by Larry Yackle and published by University of Chicago Press. This book was released on 2008-09-15 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federal Courts written by Richard D. Freer and published by West Academic Publishing. This book was released on 2004 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Federal Courts written by Robert A. Carp and published by CQ-Roll Call Group Books. This book was released on 1998 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using their broad study of the U.S. judicial system, Judicial Process in America, as a base, Carp and Stidham narrow their focus to the federal judiciary in a third edition of The Federal Courts. Federal court policymaking affects all citizens, with rulings ranging from rose that evaluate the merits of controversial art shows to those that judge the fairness of a congressional district boundary. To put this policymaking in context, the authors discuss the types of cases before the federal bench, the decisionmaking process, and the backgrounds of the judges. Drawing on their own original research, the authors explore the effect of party affiliation on a judge's decisions across different areas of the law.
Download or read book Federal Courts written by Robert N. Clinton and published by Aspen Publishers. This book was released on 1996 with total page 1608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clinton, Matasar, and Collins draw on their extensive litigation experience and scholarship to exquisitely interpret and clarify the complex, and sometimes unstable and incoherent, doctrines of federal courts jurisprudence. The authors blend a theoretical and practical approach. Having seen the Federalists vs. Antifederalists debates replay themselves daily in America's federal courtrooms, they believe the most practical knowledge of federal court doctrines frequently involves the most theoretical perspectives. Consequently, they pervasively favor broad assertions of federal judicial power -- a viewpoint they believe was the intent of the original Federalists -- and they use this viewpoint to challenge and stimulate students. This book begins with coverage of the basic structure, jurisdiction, and powers of the federal district courts; turns to constitutional litigation; and concludes with appellate jurisdiction.Highlights include:a thorough exploration of the original history (including excerpts from The Federalist)in-depth coverage of important landmarks of the Reconstruction Era, which granted federal courts power over many matters formerly left almost exclusively to state courtsa rich survey of the post-adoption evolution of federal courts doctrines. Excellent pedagogy: a contextual approach, a traditional organization, thoughtfully chosen cases, and copious and well-written notes.
Download or read book Reclaiming History The Assassination of President John F Kennedy written by Vincent Bugliosi and published by W. W. Norton & Company. This book was released on 2007 with total page 1714 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bugliosi, brilliant prosecutor and bestselling author, is perhaps the only man in America capable of "prosecuting" Lee Harvey Oswald for the murder of John F. Kennedy. His book is a narrative compendium of fact, ballistic evidence, and, above all, common sense.
Download or read book Federal Courts written by Martin H. Redish and published by West Academic Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 7th edition expands the book's coverage of two fields that have grown in importance since the last edition: The Supreme Court's treatment of issuing arising out of the War on Terror and the Guantanamo Bay detainees, and the role of international law and international judicial tribunals in domestic law. It has added as principal cases new Supreme Court decisions on standing, the Anti-Injunction Act, habeas corpus and the Suspension Clause, and removal jurisdiction. In addition, the authors have added both Supreme Court cases and lower court cases on diversity jurisdiction. Many other cases, as well as the latest federal courts scholarship, have been added to the notes. The authors have also revised or reorganized several chapters to make them easier to teach.
Download or read book Courts and Politics written by Howard Ball and published by Prentice Hall. This book was released on 1980 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Courts written by David P. Currie and published by . This book was released on 1982 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Courts written by Larry W. Yackle and published by Foundation Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federal Courts in the 21st Century written by Howard P. Fink and published by LexisNexis. This book was released on 2013 with total page 813 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reclaiming Accountability written by Heidi Kitrosser and published by University of Chicago Press. This book was released on 2015-01-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Environmental Law Policy and Economics written by Nicholas Askounes Ashford and published by MIT Press. This book was released on 2008 with total page 1125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
Download or read book Reclaiming Liberty written by Kennedy, James Ronald and published by Pelican Publishing. This book was released on with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
