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Rewriting The History Of The Judiciary Act Of 1789
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Book Synopsis Origins of the Federal Judiciary by : Maeva Marcus
Download or read book Origins of the Federal Judiciary written by Maeva Marcus and published by Oxford University Press. This book was released on 1992-05-21 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judiciary Act of 1789 established a federal court system, an experiment that became one of the outstanding features of American democracy. Yet little has been written about the origins of the Act. This volume of essays analyzes the Act from political and legal perspectives while enhancing our understanding of the history of the judiciary and its role in the constitutional interpretation.
Book Synopsis Building the Judiciary by : Justin Crowe
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 312 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.
Book Synopsis The Supreme Court in the Early Republic by : William R. Casto
Download or read book The Supreme Court in the Early Republic written by William R. Casto and published by Chief Justices of the United S. This book was released on 2012 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to the Supreme Court's creation and roughly its first decade of operation, up to 1901, when John Marshall became its fourth Chief Justice. the book is intended for general readers -- both lawyers and non lawyers -- with a scholarly interest in the subject.-- p. 1.
Book Synopsis Without Precedent by : Joel Richard Paul
Download or read book Without Precedent written by Joel Richard Paul and published by Penguin. This book was released on 2019-02-19 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman—born in Virginia in 1755 and with little formal education—invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.
Book Synopsis The Documentary History of the Supreme Court of the United States, 1789-1800 by : Maeva Marcus
Download or read book The Documentary History of the Supreme Court of the United States, 1789-1800 written by Maeva Marcus and published by Columbia University Press. This book was released on 1992 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 4 assembles a selection of documents illustrating the statuory development of the federal judiciary from 1789-1800. Beginning with a narrative essay on the background of Article III of the Constitution, the volume tracks, from the First through the Sixth Congresses, all the major and minor legislation relevant to the establishment of the American judicial system. As the decade unfolded, experience revealed problems with the system as it was initially structured, and efforts were made to change it. Dissatisfaction with circuit riding, with the method of juror selection, and with judges undertaking duties not strictly judicial, for example, led to various legislative attempts at reform.
Book Synopsis Books on Early American History and Culture, 1986-1990 by : Raymond D. Irwin
Download or read book Books on Early American History and Culture, 1986-1990 written by Raymond D. Irwin and published by Bloomsbury Publishing USA. This book was released on 2001-03-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A companion volume to Books on Early American History and Culture, 1991-1995, this work covers scholarship on early American history, including North America and the Caribbean from 1492 to 1815. This annotated bibliography surveys over 1,000 monographs, essay collections, exhibition catalogs, and reference works published between 1986 and 1990. In thirty-two thematic sections, the book covers such topics as colonization, rural life and agriculture, and religion. This useful guide organizes the recent explosion of scholarly literature on pre-colonial, colonial, and early Republican America.
Download or read book Federal Courts written by Michael Finch and published by Aspen Publishing. This book was released on 2024-09-15 with total page 1219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Finch & Roberts Federal Courts casebook, now in its fourth edition, showcases thoughtfully curated cases that keep exactly what you need for appreciating core concepts and court reasoning. The text introducing and connecting cases provides clear, insightful points to guide the reader. Charts, bulleted lists, and graphs also illuminate key doctrines and shifts. The casebook brings the complex material to life for students by introducing chapters with a Reference Problem highlighting essential issues of the chapter. For students that crave more application, the chapters provide numerous additional problems based on recent vexing cases and thought-provoking hypothetical fact patterns. This casebook sets the stage for dynamic, exciting treatment of seminal federal courts cases, doctrinal intricacies, practical litigation strategies, and lively classroom discussion. Students will enhance their knowledge of federal court power and gain insights for more effectively applying and comparing federal jurisdiction doctrines and principles. Finally, the casebook and teacher’s manual provide opportunities to empower students to synthesize across the material, question judicial reasoning, and contemplate ideal reforms. New to the 4th Edition: ● Updates each chapter with key cases, case excerpts, text additions, and doctrinal developments, e.g., TransUnion, Allen v. Cooper, Texas v. PennEast Pipeline Co., and Brown v. Davenport. ● Reorganizes and streamlines justiciability coverage for clarity and flow. ● Maintains all seminal cases but incorporates thoughtful revisions to aid comprehension and eliminate unnecessary explorations based on adopter feedback. ● Updates charts, graphs, and problems based on new data, statistics, and cases such as pipeline litigation and related jurisdiction-stripping statutes. ● Sharpens case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: ● Application opportunities with 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.
Book Synopsis Landmark Legislation 1774-2012 by : Stephen W. Stathis
Download or read book Landmark Legislation 1774-2012 written by Stephen W. Stathis and published by CQ Press. This book was released on 2014-01-17 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of this renowned treasure trove of information about the most important laws and treaties enacted by the U.S. Congress now deepens its historical coverage and examines an entire decade of new legislation. Landmark Legislation 1774-2012 includes additional acts and treaties chosen for their historical significance or their precedential importance for later areas of major federal legislative activity in the over 200 years since the convocation of the Continental Congress. Brand new chapters expand coverage to include the last five numbered Congresses (10 years of activity from 2003-2012), which has seen landmark legislation in the areas of health insurance and health care reform; financial regulatory reform; fiscal stimulus and the Temporary Asset Relief Program; federal support for stem cell research; reform of federal financial support for public schools and higher education; and much more. Features & Benefits: Each chapter covers one of the numbered Congresses with a historical essay, followed by the major acts of that Congress arranged in chronological order of passage – with each act summarized. A Finder’s Guide summarizes all of the acts and treaties into approximately 40 separate topical policy areas. The work’s extensive bibliography has been expanded and updated. This one-volume resource is a must-have for any public or academic library, especially those with strong American history or political science collections.
Book Synopsis The A to Z of the Early American Republic by : Richard Buel, Jr.
Download or read book The A to Z of the Early American Republic written by Richard Buel, Jr. and published by Scarecrow Press. This book was released on 2009-07-27 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The A to Z of the Early American Republic recounts the achievements and the failures, the progress and the backsliding, and the high and low points of our forefathers. First traced in the chronology and then explained in the introduction, the history of our nation's formative years is laid out in great detail. The several hundred dictionary entries describe the more eminent persons, the evolving institutions, and the crucial events that our young country faced. An extensive bibliography is included to provide easy access for further studies.
Book Synopsis Antonin Scalia's Jurisprudence by : Ralph A. Rossum
Download or read book Antonin Scalia's Jurisprudence written by Ralph A. Rossum and published by . This book was released on 2006 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire nineteen-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents - carefully wrought, passionately argued, and filled with well-turned phrases - which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. Circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation."--Jacket.
Book Synopsis How the Court Became Supreme by : Paul D. Moreno
Download or read book How the Court Became Supreme written by Paul D. Moreno and published by LSU Press. This book was released on 2022-09-14 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of its history, the United States Supreme Court has emerged as the most powerful judiciary unit the world has ever seen. Paul D. Moreno’s How the Court Became Supreme offers a deep dive into its transformation from an institution paid little notice by the American public to one whose decisions are analyzed and broadcast by major media outlets across the nation. The Court is supreme today not just within the judicial branch of the federal government but also over the legislative and executive branches, effectively possessing the ability to police elections and choose presidents. Before 1987, nearly all nominees to the Court sailed through confirmation hearings, often with little fanfare, but these nominations have now become pivotal moments in the minds of voters. Complaints of judicial primacy range across the modern political spectrum, but little attention is given to what precisely that means or how it happened. What led to the ascendancy of America’s highest court? Moreno seeks to answer this question, tracing the long history of the Court’s expansion of influence and examining how the Court envisioned by the country’s Founders has evolved into an imperial judiciary. The US Constitution contains a multitude of safeguards to prevent judicial overreach, but while those measures remain in place today, most have fallen into disuse. Many observers maintain that the Court exercises legislative or executive power under the guise of judicial review, harming rather than bolstering constitutional democracy. How the Court Became Supreme tells the story of the origin and development of this problem, proposing solutions that might compel the Court to embrace its more traditional role in our constitutional republic.
Book Synopsis A History of American Law, Revised Edition by : Lawrence M. Friedman
Download or read book A History of American Law, Revised Edition written by Lawrence M. Friedman and published by Simon and Schuster. This book was released on 2010-06-15 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of American Law has become a classic for students of law, American history and sociology across the country. In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices and attitudes toward property, slavery, government, crime and justice. Now Professor Friedman has completely revised and enlarged his landmark work, incorporating a great deal of new material. The book contains newly expanded notes, a bibliography and a bibliographical essay.
Book Synopsis One Supreme Court by : James E Pfander
Download or read book One Supreme Court written by James E Pfander and published by Oxford University Press. This book was released on 2009-05-26 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Creation of American Law by : Jude M. Pfister
Download or read book The Creation of American Law written by Jude M. Pfister and published by McFarland. This book was released on 2018-11-09 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the Constitutional Convention in 1787, America was set on a course to develop a unique system of law with roots in the English common law tradition. This new system, its foundations in Article III of the Constitution, called for a national judiciary headed by a supreme court--which first met in 1790. This book serves as a history of America's national law with a look at those--such as John Jay (the first Chief), James Iredell, Bushrod Washington and James Wilson--who set in motion not only the new Supreme Court, but also the new federal judiciary. These founders displayed great dexterity in maneuvering through the fraught political landscape of the 1790s.
Book Synopsis How Many Judges Does it Take to Make a Supreme Court? by : John V. Orth
Download or read book How Many Judges Does it Take to Make a Supreme Court? written by John V. Orth and published by . This book was released on 2006 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through six accessible essays, the author invites students of the law to look beyond accepted American legal practices. One learns why appellate courts always have an odd number of judges, why the power of judges depends partly on accurate court reporting and unitary, "opinions of the court," how common law rules can be unconstitutional, and many other pressing legal issues.
Book Synopsis Aspen Treatise for Civil Procedure by : Richard D. Freer
Download or read book Aspen Treatise for Civil Procedure written by Richard D. Freer and published by Aspen Publishing. This book was released on 2021-12-09 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular casebook author and bar review lecturer Richard Freer makes the complex principles of civil procedure accessible for students and practitioners in this treatise. Filled with hundreds of examples, the book integrates legal doctrine with factual analysis. The book breaks the doctrines of civil procedure into easy-to-understand components, and then brings them together to show how they form a comprehensive body of law. As stated by one procedure scholar, this book “is a key reference not only for students, but also for any lawyer or scholar looking for a starting point to their research on procedure and jurisdiction. The latest edition is always on my bookshelf.” New to the 5th Edition: The Supreme Court’s most recent decision on specific personal jurisdiction, Ford Motor Company, and how it flows from the Court’s restriction of general personal jurisdiction Detailed analysis of all recent amendments to the Federal Rules of Civil Procedure Emerging law on class actions, including justiciability, ascertainability, cy pres, and issue certification Detailed treatment of remedies, including provisional remedies The Court’s 2020 recognition of “defense preclusion” Professors and students will benefit from: “Defining the Issue,” a section that opens each chapter, putting material into context and making connections to related areas of procedure and jurisdiction law Analytical frameworks to synthesize key subject areas
Book Synopsis Civil Procedure by : Richard D. Freer
Download or read book Civil Procedure written by Richard D. Freer and published by Aspen Publishing. This book was released on 2021-12-09 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular casebook author and bar review lecturer Richard Freer makes the complex principles of civil procedure accessible for students and practitioners in this treatise. Filled with hundreds of examples, the book integrates legal doctrine with factual analysis. The book breaks the doctrines of civil procedure into easy-to-understand components, and then brings them together to show how they form a comprehensive body of law. As stated by one procedure scholar, this book “is a key reference not only for students, but also for any lawyer or scholar looking for a starting point to their research on procedure and jurisdiction. The latest edition is always on my bookshelf.” New to the 5th Edition: The Supreme Court’s most recent decision on specific personal jurisdiction, Ford Motor Company, and how it flows from the Court’s restriction of general personal jurisdiction Detailed analysis of all recent amendments to the Federal Rules of Civil Procedure Emerging law on class actions, including justiciability, ascertainability, cy pres, and issue certification Detailed treatment of remedies, including provisional remedies The Court’s 2020 recognition of “defense preclusion” Professors and students will benefit from: “Defining the Issue,” a section that opens each chapter, putting material into context and making connections to related areas of procedure and jurisdiction law Analytical frameworks to synthesize key subject areas
