51 Imperfect Solutions

51 Imperfect Solutions

Author: Judge Jeffrey S. Sutton

Publisher: Oxford University Press

Published: 2018-05-07

Total Pages: 297

ISBN-13: 0190866063

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When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.


American Government 3e

American Government 3e

Author: Glen Krutz

Publisher:

Published: 2023-05-12

Total Pages: 0

ISBN-13: 9781738998470

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Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.


Crisis in the Federal Courts

Crisis in the Federal Courts

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery

Publisher:

Published: 1967

Total Pages: 478

ISBN-13:

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Considers S. 915 and related H.R. 6111, to establish a Federal Judicial Center within the Administrative Office of the U.S. Courts to develop programs and procedures for expediting legal proceedings.


Federal Courts in Context

Federal Courts in Context

Author: Erwin Chemerinsky

Publisher: Aspen Publishing

Published: 2023-06-23

Total Pages: 1372

ISBN-13: 1543850324

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Federal Courts deservedly have the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls “deep learning.” It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis but also the necessary foundation for inclusive pedagogy in the training of diverse 21st-century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky’s Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes. Benefits for instructors and students: Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky’s Federal Jurisdiction. Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material. Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court’s federalism revival, and separation of powers. Makes explicit the influences of Indian Removal, allotment, and the late nineteenth-century extension of the American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts. Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing. Marries doctrinal and theoretical precision about the course’s core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning.


Almanac of the Federal Judiciary

Almanac of the Federal Judiciary

Author: Aspen Publishers Editorial Staff

Publisher: Wolters Kluwer

Published: 1995-12-31

Total Pages: 1836

ISBN-13: 0735568898

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The Almanac of the Federal Judiciary has built its considerable reputation by providing balanced, responsible judicial profiles of every federal judge and all the key bankruptcy judges and magistrate judges -- profiles that include reliable inside information based on interviews with lawyers who have argued cases before the federal judiciary. Containing valuable, hard-to-find material on every federal trial judge and appellate judge in the nation, this unique resource includes: Each judge's academic and professional background, experience on the bench, noteworthy rulings, and media coverage Candid, revealing commentary by lawyers, based on first-hand experiences before their local federal judges Helpful tips for your litigating team in shaping case strategy Important insights into each judge's style, demeanor, knowledge, and management of courtroom proceedings And continuing in-depth research, with semiannual updates. The Almanac of the Federal Judiciary is divided into two volumes: Volume 1: District Magistrates and Bankruptcy Judges Volume 2: Circuit Judges