Law

Hart and Wechsler's The federal courts and the federal system

Author: Richard H. Fallon

Publisher: Foundation Pr

ISBN:

Category: Law

Page: 1638

View: 710

Enhanced substantively and organizationally, The Federal Courts and the Federal System serves as an effective teaching tool and a resource for both scholars and practitioners by providing detailed information on federal courts. This edition includes new material on states? sovereign immunity, the Eleventh Amendment, habeas corpus, and international law. The book also provides revised cases and more introductory notes, including notes on constitutional avoidance, military tribunals of commissions, and the suspension clause.
Law

Hart and Wechsler's The federal courts and the federal system

Author: Richard H. Fallon

Publisher: Foundation Pr

ISBN:

Category: Law

Page: 1638

View: 267

Enhanced substantively and organizationally, The Federal Courts and the Federal System serves as an effective teaching tool and a resource for both scholars and practitioners by providing detailed information on federal courts. This edition includes new material on states? sovereign immunity, the Eleventh Amendment, habeas corpus, and international law. The book also provides revised cases and more introductory notes, including notes on constitutional avoidance, military tribunals of commissions, and the suspension clause.

The Federal Courts and the Federal System

Author: Richard Fallon, Jr.

Publisher: Foundation Press

ISBN:

Category:

Page: 1608

View: 353

The Seventh Edition of this classic casebook brings it thoroughly up to date (as of December 31, 2014) and includes numerous revisions to enhance its teachability. The book's depth of coverage and intellectual rigor remain unrivaled. In addition, each chapter has been carefully revised with an eye to making the material more accessible to students. A number of new introductory and explanatory notes help to frame the key issues raised by the materials. Moreover, the editors' judicious revision and trimming of older material will permit assignments of manageable length, without sacrificing the scholarly comprehensiveness that has always been the Hart & Wechsler hallmark. "This newest iteration is, for reasons I elaborate upon below, worthy of its own adoration--and should hopefully entice scholars who have long sought other teaching materials to return to the gold standard." Read more. --Steve Vladeck, The Keepers of the Federal Courts Canon, JOTWELL (September 22, 2015) (reviewing Richard Fallon, John Manning, Daniel Meltzer, and David Shapiro, The Federal Courts and the Federal System (7th ed., 2015))
Law

Rule of Law and Fundamental Rights

Author: Alfredo Narváez Medécigo

Publisher: Springer

ISBN:

Category: Law

Page: 262

View: 321

This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Law

The European Court's Political Power

Author: Karen Alter

Publisher: Oxford University Press

ISBN:

Category: Law

Page: 332

View: 376

This volume collects the influential work of Karen Alter analysing the ECJ's controversial influence on European politics. Together, the essays cover the entire history of the institution, from the early days of the Coal and Steel Community, through the activist transformation of the European legal system, to the current period of an enlarged EU.
Political Science

Complex Justice

Author: Joshua M. Dunn

Publisher: UNC Press Books

ISBN:

Category: Political Science

Page: 240

View: 503

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.