The Collapse of Constitutional Remedies

The Collapse of Constitutional Remedies

Author: Aziz Z. Huq

Publisher: Oxford University Press

Published: 2021

Total Pages: 193

ISBN-13: 0197556817

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"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--


Briefs of Leading Cases in Law Enforcement

Briefs of Leading Cases in Law Enforcement

Author: Rolando V. del Carmen

Publisher: Routledge

Published: 2019-07-30

Total Pages: 344

ISBN-13: 0429627815

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Briefs of Leading Cases in Law Enforcement, Tenth Edition, offers extensive updates on the leading Supreme Court cases impacting law enforcement in the United States, creating a must-have reference for police officers to stay up-to-date and have a strong understanding of the law and their function within it. All cases are briefed in a common format to allow for comparisons among cases and include facts, relevant issues, and the Court’s decision and reasoning. The significance of each case is also explained, making clear its impact on citizens and law enforcement. The book provides students and practitioners with historical and social context for their role in criminal justice and the legal guidelines that should be followed in day-to-day policing activities.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


The Federalist Papers

The Federalist Papers

Author: Alexander Hamilton

Publisher: Read Books Ltd

Published: 2018-08-20

Total Pages: 420

ISBN-13: 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.


The Law of Magistrates and Constables, in the State of South-Carolina

The Law of Magistrates and Constables, in the State of South-Carolina

Author: B. C. Pressley

Publisher: Forgotten Books

Published: 2015-07-08

Total Pages: 544

ISBN-13: 9781330996133

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Excerpt from The Law of Magistrates and Constables, in the State of South-Carolina: Comprising a Digest or the Duties and Powers of These Officers, as Established by the Statute Law, and Adjudged Cases in the Courts of This State; With an Addition of the Common Law of Crime; To Which Is Added, a Number of Warrants and Other Precedents, U The Committee on District Offices and Officers, to whom was referred a Resolution to authorize the Governor to cause a compilation of the laws and decisions of the Court of Appeals, relative to the duties and powers of Magistrates and Constables, have had the same under consideration, and beg leave to Report: That they cannot, in their opinion, too strongly impress upon the House, the necessity of such a work, as the said resolution contemplates. That the Magistrates and Constables of the State are, in a large majority of cases, ignorant of the laws which the Legislature makes it their duty to enforce, does not admit of a doubt. These laws are now dispersed over many thousands of pages of law books, which are to them, in a great measure, wholly inaccessible, and being thus deficient in the knowledge of the laws which it is their duty to enforce, and having no means within their power to obtain that knowledge, they must, of necessity, be wanting in that confidence in their own ability, without which it is in vain to expect an efficient discharge of their duties. This being so, instead of administering the law as it is, their own judgement and impulses, are, of necessity, substituted for the law, and wrongs are thus being continually inflicted upon the rights of the people, which has rendered the office itself, not only odious, but a positive tyranny, which calls loudly upon this Legislature for a remedy. Numerous prosecutions are continually occurring, upon frivolous and insufficient grounds, crowding the sessions dockets, all over the State - absorbing the time of the Courts - fomenting discords and strife among the people - taxing the time and means of defendants and prosecutors to a grievous extent, and drawing annually, large sums of money from the public Treasury to pay the costs of prosecutions. 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.