Download or read book Closing the Courthouse Door written by Erwin Chemerinsky and published by Yale University Press. This book was released on 2017-01-10 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.
Download or read book A Federal Right to Education written by Kimberly Jenkins Robinson and published by NYU Press. This book was released on 2023-06-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
Download or read book Federal Rules of Court written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Federal Courthouse Door written by James Paul George and published by . This book was released on 2002 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Courthouse Door provides quick-access answers to most questions on federal subject-matter jurisdiction. It provides a bullet-point list of jurisdictional issues and states the authority by statute, case law, or both. Author James Paul George has organized federal jurisdiction into six sections designed for quick answers and easy comprehension. Sources of federal jurisdiction under the Constitution, federal statutes, and federal common law; Federal district court jurisdiction, discussing every aspect of entry or exit at the trial level; Circuit courts of appeal jurisdiction, original and appellate; Supreme Court jurisdiction, original and appellate; Immunity from jurisdiction, including the United States, member states under the Eleventh Amendment, and foreign countries under the Constitution and the Foreign Sovereign Immunities Act; Refraining from jurisdiction under the abstention doctrines and statutes. The book also has special sections on writ practice, administrative law appeals, and venue. All sections have frequent cross-references to leading treatises on federal practice.
Download or read book Civil Rights Improvements Act of 1977 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1978 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Expansion of Federal Constitutional Liberties written by James A. Gardner and published by Psychology Press. This book was released on 1999 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Beating Banks At Their Own Game written by Steve Levi and published by Publication Consultants. This book was released on 2018-08-15 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: As you are reading this, banks are giving away millions of your dollars in gift mortgages. The banks are borrowing money from the federal government for mortgages, claiming the loans have ‘gone bad' and then giving the title of the property to ‘deserving individuals.' There is no federal check on these ‘bad loans' so the mortgages are free and clear—and tax-free. A Writ of Mandamus filed by the author in August of 2017 may end this practice. Beating Banks At their Own Game, is a fictional approach to explaining how the process works. The Appendix includes a collection of nonfiction documents sent by the author to the FBI, SEC, Consumer Financial Protection Bureau and the Federal Housing Finance Administration to STOP the practice of gift mortgages. Beating Banks At their Own Game is the saga of five people who use occupational and real-life experience in banking and real estate to seize control of more than 120 lots in a six-block area in Las Vegas using money that does not exist. They slide the land titles into a shell corporation and then sell out to a development corporation for 75% of book value. By selling below market value they know the sale will go quickly and quietly. But can they get the land and sell it before their scam is uncovered by greedy competitors who want in on the action, state banking auditors, the IRS and the SEC?
Download or read book ADR and Settlement in the Federal District Courts written by Elizabeth S. Plapinger and published by . This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Courts written by Michael Finch and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Courts: Context, Cases, and Problems, Third Edition by Michael Finch, Caprice L. Roberts and Michael P. Allen is an innovative, highly accessible casebook that features problems, cases connected by narrative text, charts, and graphs, all presented in a manner suited to multiple teaching approaches. New to the Third Edition: Updates to each chapter with key cases, text additions, and doctrinal developments, e.g. Markazi, Patchak, diversity jurisdiction via removal, and Ziglar v. Abbasi. New incorporation of thoughtful revisions to streamline comprehension and eliminates unnecessary explorations based on adopter feedback while maintaining all seminal cases. Updated charts, graphs, and problems based on new data, statistics, and cases such as Facebook, Spokeo, Sprint v. Jacobs, and McDonough v. Smith. Sharpened case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: Application opportunities with the included Reference Problems, questions, and additional problems. Clarity of textual material that includes doctrinal highlights, decision trees, diagrams, charts, and other dynamic visual aids. Crisp, insightful case excerpts with helpful connecting explanatory text. Teaching materials include: Teacher’s Manual Sample syllabi
Download or read book The Third Branch written by and published by . This book was released on 2001 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law of Property Rights Protection 2nd Edition written by Laitos and published by Wolters Kluwer. This book was released on 2018-11-14 with total page 1344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522
Download or read book Beyond Repair written by Stephen P. Garvey and published by Duke University Press. This book was released on 2003 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the death penalty be administered in a just way - without executing the innocent, without regard to race, and without arbitrariness? All new, the essays in this collection focus on the period since 1976.
Download or read book Courts and Congress written by William Quirk and published by Routledge. This book was released on 2018-02-06 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.
Download or read book The State and Federal Courts written by Christopher P. Banks and published by Bloomsbury Publishing USA. This book was released on 2017-01-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Court Vs Congress written by Edward Keynes and published by . This book was released on 1989 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.
Download or read book Private Property Rights Implementation Act of 2005 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2006 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Court Arbitration Authorization Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1994 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
