Jump to ContentJump to Main Navigation

You are looking at 1-15 of 15 items

  • Keywords: Article III x
Clear All Modify Search

View:

Preserving the Court’s Supremacy in Relation to 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/9780195340334.003.007
Subject:
Law, Constitutional and Administrative Law

Congress has often turned to Article I tribunals either to hear matters outside the judicial power of the United States or to act as adjuncts to the Article III courts. Both of these forms of ... 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


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


Understanding the Origins of 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/9780195340334.003.006
Subject:
Law, Constitutional and Administrative Law

This chapter examines institutional history with a view toward recapturing the perceived limits on the power of Congress to rely on non-Article III tribunals. A pattern of interbranch accommodation ... 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


Supremacy and the Supervisory Power

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/9780195340334.003.002
Subject:
Law, Constitutional and Administrative Law

This chapter concentrates on the meaning of supremacy and its close association in the minds of the Framers of the Constitution with the supervisory powers of King's Bench in England. These ... More


Constitutional Architecture II: Territorial Courts

Gary Lawson and Guy Seidman

in The Constitution of Empire: Territorial Expansion and American Legal History

Published in print:
2004
Published Online:
October 2013
ISBN:
9780300102314
eISBN:
9780300128963
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300102314.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the nature of territorial courts. The judges from territorial courts are outside the scope of the Article III of the United States constitution. Since they are outside the ... More


The Scope of Regulatory Autonomy of WTO Members under Article III:4 of the GATT: A Critical Analysis of the Jurisprudence of the WTO Appellate Body

Frieder Roessler

in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198778257
eISBN:
9780191823763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778257.003.0004
Subject:
Law, Public International Law

The WTO Appellate Body has ruled that products are ‘like products’ within the meaning of Article III:4 of the GATT if they directly compete in the market and that an imported product is accorded ... More


Conclusion

Scott Douglas Gerber

in A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199765874
eISBN:
9780199896875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765874.003.0029
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter describes the influence that 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 ... More


Alien Tort Statute Litigation

Curtis A. Bradley

in International Law in the U.S. Legal System

Published in print:
2015
Published Online:
April 2015
ISBN:
9780190217761
eISBN:
9780190217808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190217761.003.0007
Subject:
Law, Private International Law, Comparative Law

This chapter considers litigation under the Alien Tort Statute, which provides for jurisdiction over suits brought by aliens for torts in violation of international law. The chapter begins by ... More


The Law Maritime and the Constitution

Anthony J. Bellia and Bradford R. Clark

in The Law of Nations and the United States Constitution

Published in print:
2017
Published Online:
April 2017
ISBN:
9780199841257
eISBN:
9780190666798
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199841257.003.0005
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter examines the Supreme Court’s treatment of the law maritime from the founding to the present. In exercising prize jurisdiction, federal courts upheld rights of foreign nations under the ... More


Boumediene Defuses Bollman

Eric M. Freedman

in Making Habeas Work: A Legal History

Published in print:
2018
Published Online:
January 2019
ISBN:
9781479870974
eISBN:
9781479802470
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479870974.003.0016
Subject:
Law, Constitutional and Administrative Law

For far too long, in light of the danger to civil liberties, the Supreme Court proved reluctant to repudiate John Marshall’s dictum in Ex Parte Bollman (1807) that federal courts could only issue ... More


Modern Customary International Law

Anthony J. Bellia and Bradford R. Clark

in The Law of Nations and the United States Constitution

Published in print:
2017
Published Online:
April 2017
ISBN:
9780199841257
eISBN:
9780190666798
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199841257.003.0006
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter describes the emergence of modern customary international law in the twentieth century, and how this kind of law differs from the three traditional branches of the law of nations. The ... More


The Law Merchant and the Constitution

Anthony J. Bellia and Bradford R. Clark

in The Law of Nations and the United States Constitution

Published in print:
2017
Published Online:
April 2017
ISBN:
9780199841257
eISBN:
9780190666798
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199841257.003.0002
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter addresses the Constitution’s treatment of the law merchant. In Article III, the Constitution extended federal judicial power to controversies between citizens of different states, and ... More


Concluding Thoughts

Eric M. Freedman

in Making Habeas Work: A Legal History

Published in print:
2018
Published Online:
January 2019
ISBN:
9781479870974
eISBN:
9781479802470
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479870974.003.0017
Subject:
Law, Constitutional and Administrative Law

The immediate reaction to the decision in Boumediene v. Bush in favor of the prisoners at Guantanamo Bay was stonewalling. The Executive Branch acted as though the ruling was never made. Congress ... More


View: