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Download or read book UNITED STATES v. PRESTON, 28 U.S. 57 (1830) written by and published by . This book was released on 1830 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: File No. 1464
Author : Peter Gerangelos
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315003
Total Pages : 360 pages
Book Rating : 4.8/5 (473 download)
Download or read book The Separation of Powers and Legislative Interference in Judicial Process written by Peter Gerangelos and published by Bloomsbury Publishing. This book was released on 2009-04-10 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).
Author : Paul Finkelman
Publisher : Harvard University Press
ISBN 13 : 0674982088
Total Pages : 301 pages
Book Rating : 4.6/5 (749 download)
Download or read book Supreme Injustice written by Paul Finkelman and published by Harvard University Press. This book was released on 2018-01-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.
Author : Judith Kelleher Schafer
Publisher : LSU Press
ISBN 13 : 9780807121658
Total Pages : 420 pages
Book Rating : 4.1/5 (216 download)
Download or read book Slavery, the Civil Law, and the Supreme Court of Louisiana written by Judith Kelleher Schafer and published by LSU Press. This book was released on 1997-03-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Francis Butler Simkins Award for 1995 and the 1994 General L. Kemper Williams Prize In what may be the most impressive research to date of state supreme court records, this study analyzes the evolution of Loui siana’s slave laws from the territorial period to the Civil War. Schafer presents numerous concise case his tories, stories that are fascinating and at times heartbreaking in the particulars they reveal about slaves’ existence. Anyone interested in slavery will find Schafer’s work riveting reading, for it depicts in detail, probably better than most fictional or narrative accounts, what living in bondage could mean.
Author : Ronald Kahn
Publisher : University Press of Kansas
ISBN 13 : 0700614397
Total Pages : 526 pages
Book Rating : 4.7/5 (6 download)
Download or read book The Supreme Court and American Political Development written by Ronald Kahn and published by University Press of Kansas. This book was released on 2006-05-15 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore the developmental nature of the Court, revealing how its decision-making and legal authority evolve in response to a variety of influences: not only laws and legal precedents, but also social and political movements, election returns and regime changes, advocacy group litigation, and the interpretive community of scholars, journalists, and lawyers. Initial chapters reexamine standard approaches to the question of causation in judicial decision-making and the relationship between the Court and the ambient political order. Next, a selection of historical case studies exemplifies how the Court constructs its own authority as it defines individual rights and the powers of government. They show how interpretations of the Reconstruction amendments inform our understanding of racial discrimination, explain the undermining of affirmative action after Bakke, and consider why Roe v. Wade has yet to be overturned. They also tell how the Court has collaborated with political coalitions to produce the New Deal, Great Society, and Reagan Revolution, and why Native Americans have different citizenship rights than other Americans. These contributions encourage further debate about the nature and processes of constitutional change and invite APD scholars to think about law and the Court in more sophisticated ways.
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 808 pages
Book Rating : 4.F/5 ( download)
Download or read book Legal Fees written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1974 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Representation of Citizen Interests
Publisher :
ISBN 13 :
Total Pages : 800 pages
Book Rating : 4.3/5 (91 download)
Download or read book Legal Fees written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Representation of Citizen Interests and published by . This book was released on 1974 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 1060 pages
Book Rating : 4.4/5 (91 download)
Download or read book United States Supreme Court Reports written by United States. Supreme Court and published by . This book was released on 2008 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Court of Appeals (District of Columbia Circuit)
Publisher :
ISBN 13 :
Total Pages : 500 pages
Book Rating : 4.3/5 (243 download)
Download or read book United States Court of Appeals for the District of Columbia Circuit written by United States. Court of Appeals (District of Columbia Circuit) and published by . This book was released on 1972 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 2494 pages
Book Rating : 4.:/5 ( download)
Download or read book The Federal Cases written by and published by . This book was released on 1895 with total page 2494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 1610 pages
Book Rating : 4.3/5 (91 download)
Download or read book United States Supreme Court Reports written by United States. Supreme Court and published by . This book was released on 1901 with total page 1610 pages. Available in PDF, EPUB and Kindle. Book excerpt: First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.
Author : United States
Publisher :
ISBN 13 :
Total Pages : 1320 pages
Book Rating : 4.A/5 ( download)
Download or read book Federal Statutes Annotated: Patents to Porto Rico written by United States and published by . This book was released on 1918 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Boston Mass, Athenaeum, libr
Publisher :
ISBN 13 :
Total Pages : 666 pages
Book Rating : 4.R/5 (5 download)
Download or read book Catalogue ... 1807-1871 written by Boston Mass, Athenaeum, libr and published by . This book was released on 1876 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States
Publisher :
ISBN 13 :
Total Pages : 1182 pages
Book Rating : 4.E/5 ( download)
Download or read book Federal Statutes Annotated written by United States and published by . This book was released on 1905 with total page 1182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Merkin, Rob
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116755
Total Pages : 1538 pages
Book Rating : 4.7/5 (881 download)
Download or read book Marine Insurance written by Merkin, Rob and published by Edward Elgar Publishing. This book was released on 2021-11-30 with total page 1538 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.
Author : United States
Publisher :
ISBN 13 :
Total Pages : 1178 pages
Book Rating : 4.:/5 (319 download)
Download or read book The Federal Statutes Annotated written by United States and published by . This book was released on 1905 with total page 1178 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Adelaide Rosalia Hasse
Publisher :
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.:/5 (31 download)
Download or read book Index to United States Documents Relating to Foreign Affairs, 1828-1861 written by Adelaide Rosalia Hasse and published by . This book was released on 1921 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:
