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Title The Conflict Over Judicial Powers in the United States to 1870
Author Charles Grove Haines
Publisher New York : Columbia university, Longmans, Green & Company, agents
Release 1909
Category Courts
Total Pages 180
ISBN
Language English, Spanish, and French
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Title The Judicial Power of the United States
Author John V. Orth
Publisher Oxford University Press on Demand
Release 1987
Category Religion
Total Pages 231
ISBN 0195040996
Language English, Spanish, and French
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Book Summary:

This book reconstructs the fascinating but obscure history of the Eleventh Amendment to the US Constitution, which limits the exercise of US judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction: by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction.

American Judicial Power by Michael Buenger

Title American Judicial Power
Author Michael Buenger
Publisher Edward Elgar Publishing
Release 2015-11-27
Category LAW
Total Pages 336
ISBN 1783477903
Language English, Spanish, and French
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Book Summary:

American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

Title The Confict Over Judicial Powers in the United States to 1870
Author Charles Grove Haines
Publisher Forgotten Books
Release 2015-06-25
Category Political Science
Total Pages 185
ISBN 9781330390986
Language English, Spanish, and French
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Book Summary:

Excerpt from The Confict Over Judicial Powers in the United States to 1870 This essay is the outgrowth of a special study of one of the problems of constitutional law begun at Ursinus College in 1903, under the direction of Dr. J. Lynn Barnard, now of the School of Pedagogy, Philadelphia. The main features of the monograph were planned and partially developed while pursuing the courses in constitutional law offered by Professor John W.Burgess, Dean of the Faculty of Political Science of Columbia University. The search has been continued in the reports of judicial decisions, executive messages, legislative debates and resolutions and newspaper comment for public sentiment bearing on the right of the judiciary to declare legislative acts void. American constitutional history reveals an almost continuous conflict over the assertion of this right by the judiciary in the United States. The controversy originated at the time when the rising nationality in America found itself at the parting of the ways - toward a supreme power in the legislature, or toward a modified form of supremacy in courts of justice. The contest, begun when judges refused to execute legislative acts which they considered contrary to fundamental laws or constitutions, has been one of the foremost problems in the practical working of our federal government, and, according to the recent indications, is likely to assume greater importance in the future. This study aims to trace the sentiment relative to the exercise of judicial authority prior to 1870. The purpose has been to show the gradual development of the extraordinary powers of the judiciary in the United States, and to present a brief analysis of representative opinions on the conflict involved in this development. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Title The Conflict Over Judicial Powers in the United States to 1870
Author Charles Grove Haines
Publisher Palala Press
Release 2015-12-04
Category
Total Pages 194
ISBN 9781347297841
Language English, Spanish, and French
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Book Summary:

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Title Brandeis and the Progressive Constitution
Author Edward A. Purcell
Publisher Yale University Press
Release 2000-02-09
Category Law
Total Pages 417
ISBN 9780300078046
Language English, Spanish, and French
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Book Summary:

During the twentieth century, and particularly between the 1930s and 1950s, ideas about the nature of constitutional government, the legitimacy of judicial lawmaking, and the proper role of the federal courts evolved and shifted. This book focuses on Supreme Court justice Louis D. Brandeis and his opinion in the 1938 landmark case Erie Railroad Co. v. Tompkins, which resulted in a significant relocation of power from federal to state courts. Distinguished legal historian Edward A. Purcell, Jr., shows how the Erie case provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era. Purcell also offers an in-depth study of Brandeis's constitutional jurisprudence and evolving legal views. Examining the social origins and intended significance of the Erie decision, Purcell concludes that the case was a product of early twentieth-century progressivism. The author explores Brandeis's personal values and political purposes and argues that the justice was an exemplar of neither "judicial restraint" nor "neutral principles," despite his later reputation. In an analysis of the continual reconceptions of both Brandeis and Erie by new generations of judges and scholars in the twentieth century, Purcell also illuminates how individual perspectives and social pressures combined to drive the law's evolution.

Raw Judicial Power by Robert J. McKeever

Title Raw Judicial Power
Author Robert J. McKeever
Publisher Manchester University Press
Release 1995
Category Law
Total Pages 323
ISBN 9780719048739
Language English, Spanish, and French
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Book Summary:

Published here with a new chapter covering judgements from 1993 to 1995, Raw judicial power? is established as the definitive analysis of the powerful forces shaping the United States Supreme Court today. Robert J. McKeever analyses the approach of the Court to the most pressing contemporary social issues, such as capital punishment, abortion, race and affirmative action, gender equality and religion, sex and politics. He shows how social policy initiatives in the US have often come from the judicial rather than the legislative branch of government, leading to charges that the Supreme Court has been exercising 'raw judicial power'. He examines the policy decisions the Court has made, and argues that the Court has increasingly jettisoned traditional notions of constitutional interpretation in order to tackle the conflicts in contemporary American society. Students of American politics, constitutional law and social policy will all find this book invaluable.

Title The Separation of Powers and Legislative Interference in Judicial Process
Author Peter Gerangelos
Publisher Bloomsbury Publishing
Release 2009-04-10
Category Law
Total Pages 328
ISBN 1847315003
Language English, Spanish, and French
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Book Summary:

This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).