United States Supreme Court

United States Supreme Court

These three volumes contain the only collection of all substantive decisions of the U.S. Supreme Court under its original jurisdiction. This is a unique publication.

Author: Gordon L. Weil

Publisher: Rowman & Littlefield

ISBN: 9781442272774

Category: Law

Page: 2830

View: 807

These three volumes contain the only collection of all substantive decisions of the U.S. Supreme Court under its original jurisdiction. This is a unique publication. Under the U.S. Constitution, the Supreme Court considers certain cases directly without taking them as an appeal from lower courts. These cases involve the United States and individual states and state against state. Cases between states may not be considered in any other court; the Supreme Court’s jurisdiction is exclusive.
Categories: Law

Constitutional Law Principles and Policy Cases and Materials

Constitutional Law  Principles and Policy  Cases and Materials

Did Marshall read Section 13 of the Judiciary Act of 1789 properly before deciding that it unconstitutionally conferred unauthorized original jurisdiction on the Supreme Court? The statute read as follows: That the Supreme Court shall ...

Author: Jerome A. Barron

Publisher: LexisNexis

ISBN: 9780327174349

Category: Law

Page: 1760

View: 180

The authors of this casebook are committed to reflect fully the dynamism, controversy, and excitement that characterize contemporary Constitutional Law. While generally striving for brevity, the authors lightly edit cases where the Court appears to be embarking on a new doctrinal course so that sharply different constitutional philosophies are fully and fairly presented. Features of the new Eighth Edition include: • Hamdan v. Rumsfeld -- the legality of the use of military commissions by the Executive Branch. • Boumediene v. Bush -- alien enemy combatants detained at Guantanamo and "the constitutional privilege of habeas corpus." • District of Columbia v. Heller and McDonald v. City of Chicago -- the personal right to keep and bear arms vis-a-vis federal and state governments. • Gonzales v. Carhart -- limiting the abortion right. • United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority -- state regulation of solid waste and the dormant Commerce Clause • Parents Involved in Community Schools v. Seattle School District No. 1 -- affirmative action in the public schools. In the area of free expression, among the many cases featured are: • Holder v. Humanitarian Law Project -- national security v. political advocacy. • Snyder v. Phelps -- offensive speech and funeral picketing. • Morse v. Frederick -- student speech in the high schools. • Garcetti v. Ceballos -- free expression rights of government employees. • United States v. Stevens -- animal cruelty and the limits of freedom of expression. • Brown v. Entertainment Merchants Association -- protecting children from violent video games. • Citizens United v. Federal Elections Commission -- unleashing campaign spending by corporations and unions. The new 8th edition includes some of the latest law review literature as well as the leading constitutional cases covered in the previous edition. Constitutional Law: Principles and Policies is updated annually with a supplement addressing recent developments in the area of Constitutional Law.
Categories: Law

Federal Courts Cases and Materials on Judicial Federalism and the Lawyering Process

Federal Courts  Cases and Materials on Judicial Federalism and the Lawyering Process

The first sentence of section 2 defines the “judicial power of the United States” by listing nine categories of “Cases” and ... and those in which a State shall be Party” — the Supreme Court shall have original jurisdiction.

Author: Arthur D. Hellman

Publisher: LexisNexis

ISBN: 9780327194958

Category: Law

Page: 1464

View: 848

The Third Edition of Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process follows the approach of the two previous editions (published in 2005 and 2009). It concentrates on the main lines of doctrinal development and their implications for future disputes rather than attempting an encyclopedic treatment of subsidiary points. It emphasizes elements of litigation strategy and the practical application of doctrine as well as the underlying policy and theoretical issues. Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process is the product of the authors' rethinking of what a Federal Courts course can be. Although fully attentive to the deeper theoretical issues of federalism and separation of powers raised by the cases, the book also focuses on giving students the grounding they will need to be effective lawyer-litigators. The objective of the book is to provide students with the doctrinal, theoretical, and practical education that will enable them to identify and strategically employ jurisdictional tools to effectively serve their clients. Two major themes make Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process distinctive among Federal Courts casebooks: • This book gives sustained and systematic attention to the role of state courts as a forum for litigation of federal issues. • This book is grounded in the realities of litigation today -- in particular, the strong tendency of defendants in civil litigation to prefer federal court over state court. The statutory device of removal, and other issues that dominate contemporary litigation, are addressed throughout this book. In addition, Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process is organized in a way that facilitates learning and reinforces important points. A modular design enables teachers to select particular aspects of larger topics for made-to-order course coverage. Based on the authors' extensive classroom experience teaching Federal Courts, this book effectively integrates problems as teaching and learning tools. The problems have been carefully designed to require students to identify and apply relevant concepts from the governing law, including the cases in the book, from the perspective of a lawyer seeking to accomplish a particular goal. Many of the problems are based on recent appellate cases. Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process provides thorough coverage of the public law issues that dominate scholarly writings on federal courts, but it is also uniquely geared to preparing students to serve their clients effectively in more routine litigation matters. Significant revisions to the Third Edition include: • Extensive coverage of the important revisions to the law governing removal made by the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (JVCA). • Introduction of aspects of removal jurisdiction not previously covered. • Seven new principal cases on topics ranging from qualified immunity to constitutional limits on non-Article III courts and state-court power to decline to hear federal claims. • New problems on a variety of topics, including justiciability, the Anti-Injunction Act, supervisory liability under §1983, jurisdiction-stripping, and the Rooker-Feldman doctrine.
Categories: Law

Federal Courts

Federal Courts

Author: Arthur D. Hellman

Publisher:

ISBN: STANFORD:36105064262871

Category: Courts

Page: 1393

View: 703

Categories: Courts

Deciding to Decide

Deciding to Decide

Today , original jurisdiction is rarely invoked . " As the author of one of the leading casebooks on constitutional law notes in the section " Supreme Court Jurisdiction and Practice " : " The original jurisdiction need not detain us ...

Author: H. W. Perry

Publisher: Harvard University Press

ISBN: 0674042069

Category: Political Science

Page: 316

View: 827

Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.
Categories: Political Science

Constitutional Law Cases and Materials

Constitutional Law  Cases and Materials

Ames v . Kansas , 111 U.S. 449 , 4 S. Ct . 437 , 28 L. Ed . 482 ( 1884 ) . The current statute provides that the Supreme Court shall have original and exclusive jurisdiction of ( 1 ) all controversies between two or more states and ( 2 ) ...

Author: Paul G. Kauper

Publisher:

ISBN: UCAL:B4160108

Category: Constitutional law

Page: 1443

View: 909

The important consideration in a constitutional law casebook is to present a body of materials that, in terms of coverage and sequence, will accomplish four ends: sharpening the student's awareness of constitutional problems, stimulating critical thinking, creating a sense of historical perspective, necessary for appraising the current relevancy and worth of earlier decisions, and, in general, equipping the mind with a stock of ideas, concepts and arguments relevant to the role of today's lawyer in handling constitutional problems. - Preface.
Categories: Constitutional law

Federal Courts in the 21st Century

Federal Courts in the 21st Century

This is also the first casebook to discuss the Supreme Court's new view of the Eleventh Amendment & of Congress' power to waive a state's sovereign immunity.

Author: Howard P. Fink

Publisher: Lexis Law Publishing (Va)

ISBN: STANFORD:36105060480006

Category: Courts

Page: 999

View: 497

This casebook is the first to discuss the 1996 legislation limiting habeas corpus & death-row appeals & the Supreme Court's decision interpreting this legislation. This is also the first casebook to discuss the Supreme Court's new view of the Eleventh Amendment & of Congress' power to waive a state's sovereign immunity. Thee authors discuss the latest cases interpreting Article III's case & controversy requirements as a limit on access to the federal courts. Further, this text treats the evolving role of the federal courts in limiting actions of state governments & state officials. It also provides substantial discussion of issues of federal venue, transfer & law applied in diversity & alienage cases, because of the continued importance of these areas & in recognition that these subjects more & more are being given short shift in curtailed civil procedure courses in the first year. Teacher's Manual 1999 Cumulative Supplement Casebook also available electronically.
Categories: Courts

United States Supreme Court Reports

United States Supreme Court Reports

It neither enlarged nor tached to the next case coming before the court curtailed the original jurisdiction of the adinvolving these points . This was Peyroux v . miralty courts under the Constitution and Howard , 7 Pet .

Author: United States. Supreme Court

Publisher:

ISBN: UCAL:B3692361

Category: Law reports, digests, etc

Page:

View: 179

First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.
Categories: Law reports, digests, etc

Processes of Constitutional Decisionmaking

Processes of Constitutional Decisionmaking

Cases and Materials Paul Brest, Sanford Levinson, Jack M. Balkin, Akhil Reed Amar, Reva B. Siegel ... [29]{{29-30The act to establish the judicial courts of the United States authorizes the supreme court ''to issue writs of mandamus, ...

Author: Paul Brest

Publisher: Wolters Kluwer

ISBN: 9781454897613

Category: Law

Page: 1856

View: 656

In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Key Features: Coverage of recent cases and materials including: Obergefell v. Hodges - Same-Sex Marriage Whole Woman’s Health v. Hellerstedt – Abortion Regulation Zivotofsky v. Kerry – Presidential Power Fisher v. University of Texas – Affirmative Action New Discussion of Cooperative Federalism Sessions v. Morales–Santana – Sex Equality
Categories: Law