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Author : Russell R. Wheeler
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.3/5 ( download)
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:
Author : James T. O'Reilly
Publisher : American Bar Association
ISBN 13 : 9781590317440
Total Pages : 252 pages
Book Rating : 4.3/5 (174 download)
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author :
Publisher :
ISBN 13 : 9781663319005
Total Pages : pages
Book Rating : 4.3/5 (19 download)
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:
Author : Federal Judicial Federal Judicial Center
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781541388680
Total Pages : 26 pages
Book Rating : 4.3/5 (886 download)
Download or read book Establishing a Federal Judiciary written by Federal Judicial Federal Judicial Center and published by Createspace Independent Publishing Platform. This book was released on 2017-01-01 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This module was developed by the Federal Judicial Center to support judges and court staff who want to speak to various groups about the history of an independent federal judiciary in the United States. This module focuses on the establishment of the federal judiciary and the history of the federal court system. Other modules in this series examine the constitutional origins of the judicial branch of government and historical debates on judicial independence. Each module includes four components: an historical overview to serve as talking points; a PowerPoint presentation that can be downloaded to provide a visual guide to the speaker's remarks; a list of suggested discussion questions; and selections from historical documents that can be used in discussion with the audience or incorporated in the speaker's remarks.
Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.:/5 (319 download)
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988-10 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Justin Crowe
Publisher : Princeton University Press
ISBN 13 : 1400842573
Total Pages : 313 pages
Book Rating : 4.4/5 (8 download)
Download or read book Building the Judiciary written by Justin Crowe and published by Princeton University Press. This book was released on 2012-03-25 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
Author : Patrick B. McGuigan
Publisher : University Press of America
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.3/5 (91 download)
Download or read book A Blueprint for Judicial Reform written by Patrick B. McGuigan and published by University Press of America. This book was released on 1981 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive study of judicial reform contains recommendations from numerous leading scholars who advocate major changes in the federal court system. Some of the proposals entail establishing the right to reverse Supreme Court rulings by Congress, giving Congress veto power over federal rule-making agencies and granting tax credits to lawyers who voluntarily provide free legal services to the poor.
Author : Aziz Z. Huq
Publisher : Oxford University Press
ISBN 13 : 0197556817
Total Pages : 193 pages
Book Rating : 4.1/5 (975 download)
Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author : United States
Publisher :
ISBN 13 :
Total Pages : 1464 pages
Book Rating : 4.3/5 (91 download)
Download or read book United States Code written by United States and published by . This book was released on 1971 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.X/5 (4 download)
Download or read book The Judiciary Act of 1789 written by and published by . This book was released on 1989 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Glen Krutz
Publisher :
ISBN 13 : 9781738998470
Total Pages : 0 pages
Book Rating : 4.9/5 (984 download)
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Author : Nicholas Theodore Aroney
Publisher : University of Toronto Press
ISBN 13 : 1487511485
Total Pages : 600 pages
Book Rating : 4.4/5 (875 download)
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.
Author : Charles F. Hobson
Publisher : University Press of Kansas
ISBN 13 : 0700610316
Total Pages : 272 pages
Book Rating : 4.7/5 (6 download)
Download or read book The Great Chief Justice written by Charles F. Hobson and published by University Press of Kansas. This book was released on 1996-09-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist. Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review. The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad. No chief justice and only one associate justice (William Douglas) served longer on the Supreme Court. But, as Hobson clearly shows, Marshall's deserved place in the pantheon of great American jurists rests far more upon principles than longevity. This book better than any other tells us why that's true and worthy of our attention.
Author : Lee Epstein
Publisher : Harvard University Press
ISBN 13 : 0674070682
Total Pages : 491 pages
Book Rating : 4.6/5 (74 download)
Download or read book The Behavior of Federal Judges written by Lee Epstein and published by Harvard University Press. This book was released on 2013-01-07 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
Author : American Bar Association
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.:/5 (319 download)
Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 718 pages
Book Rating : 4.3/5 ( download)
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : The National Archives
Publisher : Oxford University Press
ISBN 13 : 0198042272
Total Pages : 257 pages
Book Rating : 4.1/5 (98 download)
Download or read book Our Documents written by The National Archives and published by Oxford University Press. This book was released on 2006-07-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Documents is a collection of 100 documents that the staff of the National Archives has judged most important to the development of the United States. The entry for each document includes a short introduction, a facsimile, and a transcript of the document. Backmatter includes further reading, credits, and index. The book is part of the much larger Our Documents initiative sponsored by the National Archives and Records Administration (NARA), National History Day, the Corporation for National and Community Service, and the USA Freedom Corps.
