one supreme court supremacy inferiority and the judicial department of the united states

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One Supreme Court

Author : James E Pfander
ISBN : 9780190623555
Genre : Law
File Size : 56. 90 MB
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Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, James Pfander advances a departmental conception of the judiciary. He argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the "one supreme Court" identified in the Constitution exercises ultimate supervisory authority. In offering the first general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.

Ethics And Accountability On The Us Supreme Court

Author : Robert J. Hume
ISBN : 9781438466972
Genre : Political Science
File Size : 33. 94 MB
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Examines the causes and consequences of recusal behavior on the US Supreme Court. Do US Supreme Court justices withdraw from cases when they are supposed to? What happens when the Court is down a member? In Ethics and Accountability on the US Supreme Court, Robert J. Hume provides the first comprehensive examination of the causes and consequences of recusal behavior on the Supreme Court. Using original data, and with rich attention to historical detail including media commentary about recusals, he systematically analyzes the factors that influence Supreme Court recusal, a process which has so far been shrouded in secrecy. It is revealed that justices do not strictly follow the recusal guidelines set by Congress, but at the same time they do not ignore these rules. Overall, justices are selective in their compliance with the recusal statute, balancing ethical considerations against other institutional and policy goals, such as the duty to sit. However, the book also concludes that the impact of recusals on policymaking is more limited than commentators have claimed, raising questions about whether ethics reform is really needed at this time.

International Law And Agreements

Author : Michael John Garcia
ISBN : 9781437930269
Genre :
File Size : 78. 46 MB
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Provides an intro. to the roles that international law and agreements play in the U.S. International law is derived from two primary sources ¿ international agreements (IA) and customary practice. Under the U.S. legal system, IA can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the exec. branch, but Congress also plays an essential role. Contents of this report: (1) Intro.; (2) Forms of IA: Treaties; Executive Agreements; Nonlegal Agreements; (3) Effects of IA on U.S. Law; (4) Customary International Law; (5) Reference to Foreign Law by U.S. Courts. This is a print on demand edition of an important, hard-to-find report.

Reports Of Cases Argued And Adjudged In The Supreme Court Of The United States

Author : United States. Supreme Court
ISBN : STANFORD:36105061669441
Genre : Law reports, digests, etc
File Size : 39. 30 MB
Format : PDF
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Constitutional Torts And The War On Terror

Author : James E. Pfander
ISBN : 9780190495282
Genre :
File Size : 88. 3 MB
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Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined. Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence. The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy.

Birth Of The Republic The Origin Of The United States

Author :
ISBN : 9780977676606
Genre :
File Size : 70. 57 MB
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The Canadian Law Review

Author :
ISBN : OSU:32437011213986
Genre : Law
File Size : 28. 40 MB
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The Canadian Law Review

Author : Charles Elliott
ISBN : UCAL:B4408214
Genre : Law
File Size : 24. 39 MB
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Scribner S Magazine

Author : Edward Livermore Burlingame
ISBN : UCSC:32106011627210
Genre : American periodicals
File Size : 31. 75 MB
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United States Supreme Court Reports

Author : United States. Supreme Court
ISBN : UCAL:B3692343
Genre : Law reports, digests, etc
File Size : 59. 81 MB
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First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.

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