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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


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


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


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


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


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


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


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