Hart And Wechsler's Supplement to the Federal Courts And the Federal System 2006

Author: Richard H. Fallon,Daniel J. Meltzer,David L. Shapiro

Publisher: Foundation Press

ISBN: 9781599411095

Category: Law

Page: N.A

View: 7515

Informed and detailed supplement to Hart and Wechsler's The Federal Courts and The Federal System. Some topics discussed: The Development and Structure of the Federal Judicial System; Cases and Controversies; The Original Jurisdiction of the Supreme Court; The Distribution of Judicial Power Among Federal and State Courts; Review of State Court Decisions by the Supreme Court; Civil Actions in the District Courts; Federal Common Law; Jurisdiction of the District Courts; Suits Challenging Offical Action; Limitations on District Court Jurisdiction; Federal Habeas Corpus; Problems of District Court Jurisdiction; and Appellate Review of Federal Decisions.

The Federal Courts

An Essential History

Author: Peter Charles Hoffer,N. E. H. Hull

Publisher: Oxford University Press

ISBN: 0199387907

Category: Courts

Page: 560

View: 1948

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

The U.S. Supreme Court and the Modern Common Law Approach

Author: Simona Grossi

Publisher: Cambridge University Press

ISBN: 1107028051

Category: Law

Page: 422

View: 487

This book studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's modern approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, an approach that often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules and treats these principles and rules as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, beginning with established legal standards - but also including the insights derived from deductive and inductive reasoning, the lessons learned from history and custom - and ending with an examination of the social and economic consequences of the decision. Under this model, the considerations taken to reach a specific result should be articulated through a process that considers various hypotheses, arguments, confutations, and confirmations, and they should be shared with the public.

Rise of Judicial Management in the U.S. District Court, Southern District of Texas, 1955-2000

Author: Steven Harmon Wilson

Publisher: University of Georgia Press

ISBN: 9780820327280

Category: Law

Page: 576

View: 416

This is the first book-length study of a federal district court to analyze the revolutionary changes in its mission, structure, policies, and procedures over the past four decades. As Steven Harmon Wilson chronicles the court's attempts to keep pace with an expanding, diversifying caseload, he situates those efforts within the social, cultural, and political expectations that have prompted the increase in judicial seats from four in 1955 to the current nineteen. Federal judges have progressed from being simply referees of legal disputes to managers of expanding courts, dockets, and staffs, says Wilson. The Southern District of Texas offers an especially instructive model by which to study this transformation. Not only does it contain a varied population of Hispanics, African Americans, and whites, but its jurisdiction includes an international border and some of the busiest seaports in the United States. Wilson identifies three areas of judicial management in which the shift has most clearly manifested itself. Through docket and case management judges have attempted to rationalize the flow of work through the litigation process. Lastly, and most controversially, judges have sought to bring "constitutionally flawed" institutions into compliance through "structural reform" rulings in areas such as housing, education, employment, and voting. Wilson draws on sources ranging from judicial biography and oral-history interviews to case files, published opinions, and administrative memoranda. Blending legal history with social science, this important new study ponders the changing meaning of federal judgeship as it shows how judicial management has both helped and hindered the resolution of legal conflicts and the protection of civil rights.

Complex Justice

The Case of Missouri v. Jenkins

Author: Joshua M. Dunn

Publisher: UNC Press Books

ISBN: 1469606607

Category: Political Science

Page: 240

View: 9893

In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

Grundzüge der Psychoanalyse

Author: Charles Brenner

Publisher: S. Fischer Verlag

ISBN: 3105616675

Category: Psychology

Page: 240

View: 4129

Charles Brenners übersichtliche und komprimierte Darstellung der Grundzüge der Psychoanalyse setzt beim Leser keine psychoanalytischen Kenntnisse voraus, sondern lediglich ein fachliches Interesse. Sie vermittelt einen verläßlichen Überblick und erleichtert das Verständnis des wesentlichen psychoanalytischen Schrifttums. (Dieser Text bezieht sich auf eine frühere Ausgabe.)

Law Books in Print

Books in English Published Throughout the World and in Print Through 1986. Publishers' listing. 6

Author: Nicholas Triffin

Publisher: N.A

ISBN: 9780878020317

Category: Law

Page: 594

View: 2698