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Making a Federal Case of It

Ted Gest

in Crime and Politics: Big Government's Erratic Campaign for Law and Order

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195103434
eISBN:
9780199833887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195103432.003.0005
Subject:
Political Science, American Politics

Over the years, Congress has consistently increased the jurisdiction of federal courts over crime, from 17 specified offenses when the nation was founded to several thousand now. More than 40% of ... More


Interjurisdictional Enforcement of Rights in a Post-Erie World

Robert A. Schapiro

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/9780195368321.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter turns to the complex interplay of state and national judicial power. The unusual dual structure of the American judiciary creates a system of intersystemic adjudication that provides a ... 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


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


The Supreme Court’s Power to Supervise Inferior Federal 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/9780195340334.003.004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the development of the relationship between the Supreme Court and the lower federal courts. Although the Court has long exercised supervisory power over the lower federal ... More


Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter examines the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment in order to determine what stance federal courts should take toward state laws. 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


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


Intermediate Courts of Appeals and Their Relations with Top-level Courts: the US Federal Judicial Experience

Russell R. Wheeler

in Building the UK's New Supreme Court: National and Comparative Perspectives

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264629
eISBN:
9780191698965
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264629.003.0011
Subject:
Law, Legal Profession and Ethics

This chapter examines the dynamics of the relationship between the US federal courts of appeal and the US Supreme Court. It discusses the jurisdictional framework, main operational arrangements, and ... More


Brandeis and Limits on Federal Judicial Power

Evan Tsen Lee

in Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on Louis Brandeis. In his most famous opinion in Erie R. R. v. Tompkins, the Court finally put an end to the regime under which federal courts sitting in diversity fashioned ... More


The Supreme Court, Congress, and American Democracy

Anna Harvey

in A Mere Machine: The Supreme Court, Congress, and American Democracy

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300171112
eISBN:
9780300199192
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300171112.003.0001
Subject:
Political Science, American Politics

This first chapter looks at the issues the book aims to address. The book hopes to interrogate the premise of an independent federal judiciary in the United States, focusing on the Supreme Court's ... More


Germany: Balancing Rights and Duties

Donald P. Kommers

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0005
Subject:
Law, Comparative Law

Germany's constitutional charter, adopted in 1949, is entitled the Basic Law. The Basic Law had evolved into one of the world's most admired constitutions, even rivalling that of the United States in ... More


Much Ado About Human Rights †: The Federal Constitutional Court Confronts the European Court of Human Rights

Matthias Hartwig

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0027
Subject:
Law, Public International Law

This chapter presents a case note from 2005, which examines the Federal Constitutional Court's controversial response to decisions of the European Court of Human Rights (ECtHR). The Federal ... More


A Mere Machine: The Supreme Court, Congress, and American Democracy

Anna Harvey

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300171112
eISBN:
9780300199192
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300171112.001.0001
Subject:
Political Science, American Politics

Introductory textbooks on American government tell us that the Supreme Court is independent from the elected branches and that independent courts better protect rights than their more deferential ... More


Depoliticizing Administrative Law

Cass R. Sunstein and Thomas J. Miles

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0028
Subject:
Psychology, Social Psychology

A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized in both the federal courts of appeals and the Supreme Court. These results hold for both ... More


Conservatives and the Courts

Michael Greve

in Crisis of Conservatism?: The Republican Party, the Conservative Movement, and American Politics After Bush

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199764013
eISBN:
9780199897186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199764013.003.0011
Subject:
Political Science, American Politics

This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability ... More


The German Federal Constitutional Court: Present State, Future Challenges

Rainer Nickel

in Building the UK's New Supreme Court: National and Comparative Perspectives

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264629
eISBN:
9780191698965
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264629.003.0008
Subject:
Law, Legal Profession and Ethics

This chapter discusses the ways in which the Federal Republic of Germany and its constitutional court managed the difficult problem of organizing human rights and civil rights adjudication and ... More


Avena and Sanchez-Llamas Come to Germany †: The German Federal Constitutional Court Upholds Rights Under the Vienna Convention on Consular Relations

Jana Gogolin

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0026
Subject:
Law, Public International Law

This chapter presents a case note from 2007 which analyzes a judgment of the Federal Constitutional Court that held that, with some limits, decisions of international tribunals should be given full ... More


Securing Fragile Foundations: Affirmative Constitutional Adjudication in Federal Courts

Marsha S. Berzon

in The Embattled Constitution

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814770122
eISBN:
9780814762806
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814770122.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on “Bivens actions,” or private suits for damages against federal officials who violate an individual's constitutional rights. Such actions are not mentioned in the U.S. ... More


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