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State Courts

Daniel Berkowitz and Karen B. Clay

in The Evolution of a Nation: How Geography and Law Shaped the American States

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.003.0005
Subject:
Economics and Finance, Economic History

This chapter examines how a state's colonial legal system and levels of political competition in the state legislature shaped the independence of judges on the state high court. It argues that the ... More


The Supreme Court and the State Courts

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.005
Subject:
Law, Constitutional and Administrative Law

This chapter builds on Hamilton's distinction between the state courts' preexisting jurisdiction and their jurisdiction over inherently federal matters in proposing to explain the relationship ... More


Same-Sex Marriage and the New Judicial Federalism: Why State Courts Should Not Consider Out-of-State Backlash

Neal Devins

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter addresses state constitutional interpretation in the context of same-sex marriage, with a particular focus on its implications for the new judicial federalism. It surveys the same-sex ... More


Legal Initial Conditions

Daniel Berkowitz and Karen B. Clay

in The Evolution of a Nation: How Geography and Law Shaped the American States

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.003.0002
Subject:
Economics and Finance, Economic History

THIS CHAPTER EXAMINES colonial legal systems and their effects on the balance of power between the state legislature and the state high court. It argues that the balance of power is important because ... More


The Problematics of Federal Jurisdiction

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.001
Subject:
Law, Constitutional and Administrative Law

We have grown accustomed to the pyramidal shape of the federal judiciary, with one Supreme Court presiding over a mixed bag of lower state and federal tribunals. But the Court's own decisions and the ... More


Legislatures and Courts

Daniel Berkowitz and Karen B. Clay

in The Evolution of a Nation: How Geography and Law Shaped the American States

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.003.0006
Subject:
Economics and Finance, Economic History

This chapter furthers the previous chapter's discussion by examining how colonial legal origin and political competition have shaped the funding of state courts. State judicial budgets are set by the ... More


The Fall of the Original Ninth Amendment and the Rise of New Deal Constitutionalism

Kurt T. Lash

in The Lost History of the Ninth Amendment

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195372618
eISBN:
9780199871742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372618.003.09
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a fairly exhaustive account of the use of the Ninth Amendment in state and federal courts prior to the New Deal. There is nothing new here in terms of theory: one finds the ... More


One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

James E. Pfander

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.001.0001
Subject:
Law, Constitutional and Administrative Law

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 ... More


Article III Courts and Article I Tribunals

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the constitutional provisions that bear on Congress's power to incorporate federal courts, state courts, and Article I tribunals into the federal judicial department. It focuses ... More


Dual Constitutions and Constitutional Duels

Jim Rossi

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter demonstrates the conceptual payoff in the context of the interplay between state and national legislative and executive power by focusing on two recurring problems of cooperative ... More


State Common Law and the Dual Enforcement of Constitutional Norms

Helen Hershkoff

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter addresses differences in how the U.S. Constitution and many individual state constitutions approach the state action requirement in enforcing constitutional rights. In contrast to the ... More


Why Federalism and Constitutional Positivism Don’t Mix

James A. Gardner

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter places the book's approach in its interpretational context by linking the federal structure of constitutional norm production to the ever-present problem of interpretational methodology. ... More


A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Mel A. Topf

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is the only comprehensive treatment of the history and controversies, the law and theories, about U.S. state supreme court advisory opinions. This significant but little studied area of ... More


Institutions and Outcomes

Daniel Berkowitz and Karen B. Clay

in The Evolution of a Nation: How Geography and Law Shaped the American States

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.003.0007
Subject:
Economics and Finance, Economic History

This chapter summarizes this volume's main findings with respect to persistence and mechanisms, examines the effect of state political and legal institutions on per capita income, and discusses ... More


The Civilization of White Men: The Race of the Hindu in United States v. Bhagat Singh Thind

Jennifer Snow

in Race, Nation, and Religion in the Americas

Published in print:
2004
Published Online:
April 2005
ISBN:
9780195149180
eISBN:
9780199835386
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195149181.003.0011
Subject:
Religion, Religion and Society

This essay examines a landmark 1922 case in which the United States Supreme Court denied a Sikh immigrant’s application for citizenship under the 1790 statute restricting naturalization to “free ... More


The Judicial System

Stephen Zamora, José RamlóN CossíO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the characteristics of Mexico's judicial system. Two fundamental principles of governmental authority, federalism and the separation of powers, give form to the basic court ... More


Implementing Successful Remedies: A Model for Constitutional Compliance

in Courts and Kids: Pursuing Educational Equity through the State Courts

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226706191
eISBN:
9780226706184
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226706184.003.0006
Subject:
Law, Family Law

This chapter proposes a “successful-remedies model” that calls for courts to outline in general, principled terms the expectation that the legislative branch as well as the executive branch will ... More


Power & Rights in US Constitutional Law

Thomas Lundmark

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.001.0001
Subject:
Law, Constitutional and Administrative Law

This book provides a coherent, readily accessible analysis of the tensions inherent in American constitutional law between the governing body and the governed. It is, in short, about democratic ... More


Court-Responsive Amendments

John Dinan

in State Constitutional Politics: Governing by Amendment in the American States

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226532783
eISBN:
9780226532950
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226532950.003.0005
Subject:
Political Science, American Politics

This chapter, the second of two chapters analyzing rights-related state constitutional amendments, examines amendments that have been adopted in response to state court decisions. The chapter ... More


The American Unification

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0003
Subject:
Law, Comparative Law

By looking at the decisions of the United States Supreme Court, this chapter argues that what characterises American judicial discourse is precisely the fact it integrates its formalist and its ... More


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