One Supreme Court

Author: James E Pfander
Publisher: Oxford University Press
ISBN: 9780195340334
Release Date: 2009-06-04
Genre: Language Arts & Disciplines

In offering a 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 much more.

The Judicial Power of the United States

Author: John V. Orth
Publisher: Oxford University Press on Demand
ISBN: 9780195040999
Release Date: 1987
Genre: Religion

This book reconstructs the fascinating but obscure history of the Eleventh Amendment to the US Constitution, which limits the exercise of US judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction: by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction.

A Distinct Judicial Power

Author: Scott Douglas Gerber
Publisher: Oxford University Press
ISBN: 9780199780969
Release Date: 2011-01-10
Genre: Law

A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.

The Conflict Over Judicial Powers in the United States to 1870

Author: Charles Grove Haines
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584770800
Release Date: 1909
Genre: History

Haines, Charles Grove. The Conflict over Judicial Powers in the United States to 1870. New York: Columbia University Press, 1909. 180 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 99-088241. ISBN 1-58477-080-5. Cloth. $60. * From the Columbia University series Studies in History, Economics and Public Law, Volume XXXV, Number 1, Whole Number 92. Haines shows the gradual development of the increasing power and authority of the judiciary through this study of the conflicting opinions over the right of the judiciary to nullify legislative acts. Includes discussion of resistance from the states, attitudes about the slavery controversy, and the effects of Jacksonian democracy on the power of the judiciary.

Packing the Court

Author: James Macgregor Burns
Publisher: Penguin
ISBN: 9781101081907
Release Date: 2009-06-25
Genre: Political Science

From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

Raw Judicial Power

Author: Robert J. McKeever
Publisher: Manchester University Press
ISBN: 0719048737
Release Date: 1995
Genre: Law

This book presents an analysis of the modern Supreme Court which takes full account of both its legal and political aspects. The book has an empirical bias, and starts with an examination of the political and social forces which brought to prominence the kind of social issues of recent decades. Chapter Two traces the legal and judicial developments that have occurred roughly in parallel to, and sometimes in direct connection with, the rise of the social issue in American politics. Chapters Three to Seven analyze the Court's decisions in the major policy areas affected by these political and judgemental dynamics, namely abortion, capital punishment, affirmative action for racial minorities and women, and other cases including gay rights, pornography and governmental support for religious values. The concluding chapter examines the Court's suitability to continue to carry the political burden that it has acquired.

The Judicial Power of the Purse

Author: Nancy Staudt
Publisher: University of Chicago Press
ISBN: 9780226771144
Release Date: 2011-05-01
Genre: Law

Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

Federal jurisdiction

Author: Martin H. Redish
Publisher: Lexis Pub
ISBN: STANFORD:36105044247760
Release Date: 1990-09
Genre: Law

American Judicial Power

Author: Michael Buenger
Publisher: Edward Elgar Publishing
ISBN: 9781783477906
Release Date: 2015-11-27
Genre: LAW

American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

The United States of America

Author: James Brown Scott
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584771715
Release Date: 2002
Genre: History

Scott, James Brown. The United States of America: A Study in International Organization. New York: Oxford University Press, 1920. xix, 605 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 00-067016. ISBN 1-58477-171-2. Cloth. $120. * With an extensive appendix of source readings. Scott [1866-1943] presents a detailed and comprehensively documented history of the American Constitution from its roots in the Mayflower Compact and other colonial associations through the Eighteenth Amendment. It can be read in this regard as a survey history. His study is especially interesting, however, as a political document written to address the effects of the First World War. Scott wrote this book for a European audience, hoping that his analysis of the Constitution would influence the creation of an international organization of states governed by a "Court of Nations" modeled on the American Supreme Court. As such, he emphasizes the Constitution's role as an agent of peace and cooperation among different political units. Scott's ideas were later reflected in the establishment of the International Court of Justice, the League of Nations and the United Nations.

The Constitution of Judicial Power

Author: Sotirios A. Barber
ISBN: UOM:39015026804511
Release Date: 1993
Genre: Law

Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.

The Law of Freedom and Bondage in the United States

Author: John Hurd
Publisher: Applewood Books
ISBN: 9781429015172
Release Date: 2009-01-01
Genre: History

The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Harvard Law School Libraryocm18606066Boston: Little, Brown, 1858-1862. 2 v.; 23 cm.

Democracy in America

Author: Alexis de Tocqueville
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584772491
Release Date: 2003-01-01
Genre: History

Tocqueville, Alexis de. Democracy in America. Translated by Henry Reeve, Esq. With an Original Preface and Notes by John C. Spencer. New York: Adlard and Saunders, 1838. xxx, 464 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002025957. ISBN 1-58477-249-2. Cloth. $85. * Reprint of the first English-language edition. In 1831, Alexis de Tocqueville [1805-1859] and Gustave de Beaumont [fl.1835] were sent to the United States by the French government to study American prisons, which were renowned for their progressive and humane methods. They were pleased to accept this assignment because they were intrigued by the idea of American democracy. Tocqueville and Beaumont spent nine months in the country, traveling as far west as Michigan and as far south as New Orleans. Throughout the tour, Tocqueville used his social connections to arrange meetings with several prominent and influential thinkers of the day. He recorded his thoughts on the structure of the government and the judicial system, and commented on everyday people and the nation's political culture and social institutions. His observations on slavery, in particular, are impassioned and critical. These notes formed the basis of Democracy in America. This landmark work initiated a dialogue about the nature of democracy and the United States and its people that continues to this day.