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

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One Supreme Court Supremacy Inferiority And The Judicial Department Of The United States

Author : James E Pfander
ISBN : 9780190623555
Genre : Law
File Size : 82. 1 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 : 87. 23 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.

United States Supreme Court Reports

Author :
ISBN : UIUC:30112106540575
Genre : Law reports, digests, etc
File Size : 27. 87 MB
Format : PDF
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First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.

The Judicial Branch

Author : Carol Parenzan Smalley
ISBN : 0756945151
Genre : Juvenile Nonfiction
File Size : 43. 90 MB
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Offers a history of the Supreme Court and the power of the judicial branch of the United States government.

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 : 46. 50 MB
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Reports Of Cases Argued And Decided In The Supreme Court Of The United States

Author : United States. Supreme Court
ISBN : CORNELL:31924106737657
Genre : Law reports, digests, etc
File Size : 57. 41 MB
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Complete with headnotes, summaries of decisions, statements of cases, points and authorities of counsel, annotations, tables, and parallel references.

The American Doctrine Of Judicial Supremacy

Author : Charles Grove Haines
ISBN : UOM:39015013124535
Genre : Constitutional law
File Size : 87. 73 MB
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The Canadian Law Review

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ISBN : OSU:32437011213986
Genre : Law
File Size : 56. 31 MB
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Scribner S Magazine

Author : Edward Livermore Burlingame
ISBN : UOM:39015030597093
Genre :
File Size : 45. 19 MB
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The Canadian Law Review

Author : Charles Elliott
ISBN : UCAL:B4408214
Genre : Law
File Size : 68. 2 MB
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