Supplement to Federal Courts, Federalism and Separation of Powers PDF Download
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Author: Doernberg
Publisher:
ISBN: 9780314227270
Category :
Languages : en
Pages :
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Book Description
Author: Doernberg
Publisher:
ISBN: 9780314227270
Category :
Languages : en
Pages :
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Book Description
Author: Donald L. Doernberg
Publisher: West Group
ISBN: 9780314200549
Category :
Languages : en
Pages : 166
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Book Description
Author: Donald L. Doernberg
Publisher: West Group
ISBN: 9780314232496
Category : Courts
Languages : en
Pages : 289
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Book Description
Author: Donald Lane Doernberg
Publisher:
ISBN: 9780314154903
Category :
Languages : en
Pages : 386
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Book Description
Author: Donald Lane Doernberg
Publisher:
ISBN: 9780314146601
Category : Law
Languages : en
Pages : 308
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Book Description
Author: Thomas D. Rowe, Jr.
Publisher: Foundation Press
ISBN: 9781599411941
Category : Law
Languages : en
Pages : 388
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Book Description
This is the 2006 Statutory and Case Supplement pertaining to Rowe, Sherry and Tidmarsh's Civil Procedure. Professors choosing a Civil Procedure book have always faced difficult dilemmas. The ?breadth vs. depth? trade-off is particularly acute in this field, and the matter is complicated by the fact that Civil Procedure might be allocated as few as 3 or as many as 6 credits. This book aims to ease that dilemma by structuring the material so that it can be taught quickly but at a high level: the cases and notes are short but intellectually challenging. At an estimated 650 pages, most of the book can be covered in as few as 4 credit hours, but the materials are rich enough to expand discussion to 6 credit hours. For each individual topic, it is possible to use this book to cover the basics or to probe the issues in depth, depending on the time allocated. Coverage is comparable to most books currently on the market. The book also introduces students to the themes that run through Civil Procedure: efficiency and fairness, the advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers inherent in the American judicial system. Each chapter begins by exploring these themes through excerpts from scholarship in the field, followed by notes and questions. These thematic materials can be used to structure discussion, but the remainder of each chapter? more traditional cases and notes'can also be taught independently should a professor choose not to assign the introductory section.
Author: James T. O'Reilly
Publisher: American Bar Association
ISBN: 9781590317440
Category : Law
Languages : en
Pages : 252
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Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: Richard H. Fallon
Publisher: Foundation Press
ISBN: 9781599411095
Category :
Languages : en
Pages : 242
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Book Description
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.
Author: William W. Buzbee
Publisher: Cambridge University Press
ISBN: 1139474812
Category : Law
Languages : en
Pages : 337
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Book Description
This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
Author: John Yoo
Publisher: University of Chicago Press
ISBN: 0226960331
Category : Political Science
Languages : en
Pages : 379
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Book Description
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
