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Articles 1 - 8 of 8
Full-Text Articles in Law
Abstention: The Supreme Court And Allocation Of Judicial Power, Randall P. Bezanson
Abstention: The Supreme Court And Allocation Of Judicial Power, Randall P. Bezanson
Vanderbilt Law Review
In an era of continually expanding federal judicial power, the Supreme Court has fashioned and employed several devices designed to delegate certain classes of federal question litigation to the state court systems. Among these devices are the doctrines of abstention, comity, and exhaustion of state remedies. Implementation of these doctrines has enabled the Supreme Court to maintain state judicial presence in federal question litigation and retain at least the appearance of a manageable federalized judicial structure. This article will attempt to analyze the function of the abstention doctrines as judicially-created tempering devices. Following a brief discussion of the factors that …
Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson
Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson
Indiana Law Journal
No abstract provided.
The Court, The Constitution, And Chief Justice Burger, William F. Swindler
The Court, The Constitution, And Chief Justice Burger, William F. Swindler
Vanderbilt Law Review
Although the constitutional crisis of 1973 has not yet demanded a definitive response from the Supreme Court, it obviously has established a landmark in the ultimate history of Warren Burger's Chief Justiceship. While the unprecedented confrontation between executive and judiciary was not carried beyond the Court of Appeals for the District of Columbia, Burger's old court,' and although the prospective confrontation between executive and Congress did not--at least in its first round-- reach a stage of review on the merits, the questions presented went to the cornerstones of Anglo-American constitutional theory itself. The case of Vice President Agnew raised issues …
Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke
Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke
Florida State University Law Review
No abstract provided.
Book Review: Antecedents And Beginnings To 1801, David S. Bogen
Book Review: Antecedents And Beginnings To 1801, David S. Bogen
Faculty Scholarship
No abstract provided.
Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds
Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds
Faculty Scholarship
No abstract provided.
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
Faculty Scholarship
This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.
The Behavior Of Justice Douglas In Federal Tax Cases, Marjorie A. Silver, Bernard Wolfman, Jonathan L. F. Silver
The Behavior Of Justice Douglas In Federal Tax Cases, Marjorie A. Silver, Bernard Wolfman, Jonathan L. F. Silver
Scholarly Works
No abstract provided.