Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Judicial Nomination And Confirmation Process: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Sept. 4, 2001 (Statement Of Mark V. Tushnet, Prof. Of Law, Geo. U. L. Center), Mark V. Tushnet
Testimony Before Congress
No abstract provided.
Publicity And The Judicial Power, Daniel N. Hoffman
Publicity And The Judicial Power, Daniel N. Hoffman
The Journal of Appellate Practice and Process
The judicial branch was created in order to ensure that the rule of law and not the rule of man prevailed. Judges must use reasoning and analysis to fulfill this role. Making decisions based on mere coin tosses or without giving a reason for the decision detracts from the rule of law. Issuing decisions that cannot be published or cited also detracts the judicial role of ensuring that law rules the land.
Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown
Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown
The Journal of Appellate Practice and Process
Judge Arnold writes in his opinion that courts have the power to interpret or find the law but not create it. He argues that this practice was well established during colonial times and that it was adopted at the nation’s creation. The source of law during the formation of the United States is not as clear as Judge Arnold claims. Courts applied their roles differently in each jurisdiction. The complex history of the appropriate role of the judiciary contradicts Judge Arnold’s claim.
Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser
Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser
Publications
In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …
The Marbury Mystery: Why Did William Marbury Sue In The Supreme Court?, Susan Low Bloch
The Marbury Mystery: Why Did William Marbury Sue In The Supreme Court?, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
In 1801, when William Marbury petitioned the Supreme Court to issue a writ of mandamus ordering Secretary of State James Madison to deliver his commission as justice of the peace, he initiated one of the most important cases in the Court's history. But why did Marbury choose the Supreme Court? Was there a lower federal court that could have granted the writ at the time? The short answer is "yes." Rather than making an unsuccessful attempt to invoke the original jurisdiction of the United States Supreme Court, I have learned that he could have brought his suit in the then …