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Articles 1 - 11 of 11
Full-Text Articles in Law
Access To U.S. Federal Courts As A Forum For Human Rights Disputes: Pluralism And The Alien Tort Claims Act, Christiana Ochoa
Access To U.S. Federal Courts As A Forum For Human Rights Disputes: Pluralism And The Alien Tort Claims Act, Christiana Ochoa
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Implications Of Incorporating State Created Rights Into The Federal Constitution Through The Ninth Amendment, Esteban A. Aguilar Jr.
Implications Of Incorporating State Created Rights Into The Federal Constitution Through The Ninth Amendment, Esteban A. Aguilar Jr.
Student Thesis Honors (1996-2008)
Professor Gregory Allen in Ninth Amendment and State Constitutional Rights suggested a hypothetical conflict that could arise between state and federal courts when a state constitution provides for greater protection against governmental abuse of power than the federal constitution. One possible safeguard of autonomy for those states choosing to grant their citizens greater state law protections than the federal government is the Ninth Amendment. The Ninth Amendment protects unenumerated rights' that are retained by the people of the states. In theory, applying the Ninth Amendment would essentially federalize state law protections contained in state constitutions and guard that state from …
International Judicial Decisions, Domestic Courts, And The Foreign Affairs Power, A. Mark Weisburd
International Judicial Decisions, Domestic Courts, And The Foreign Affairs Power, A. Mark Weisburd
Faculty Publications
No abstract provided.
Who Judges The Judges?, John V. Orth
Prelude To Armageddon, Michael J. Gerhardt
The Constitutional Limits To Court-Stripping, Michael J. Gerhardt
The Constitutional Limits To Court-Stripping, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Limited Path Dependency Of Precedent, Michael J. Gerhardt
The Limited Path Dependency Of Precedent, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Lower Federal Courts And The War On Terrorism, Erwin Chemerinsky
The Lower Federal Courts And The War On Terrorism, Erwin Chemerinsky
Valparaiso University Law Review
No abstract provided.
The Federal Appellate Court Appointments Conundrum,, Carl W. Tobias
The Federal Appellate Court Appointments Conundrum,, Carl W. Tobias
Law Faculty Publications
Selection of federal appellate court judges is now extremely controversial. Slowed nominee processing, accusations and countercharges between Democrats and Republicans, as well as "paybacks," have characterized appointments since 1990. One tenth of the 179 active circuit judgeships authorized by the United States Congress are perennially vacant, and substantial numbers of these positions can remain open for years. The Senate Judiciary Committee increasingly votes along straight political party lines, and Democratic senators even relied on filibusters to deny nominees positions on the United States Courts of Appeals for the District of Columbia Circuit as well as the Fourth, Fifth, and Ninth …
Merit V. Ideology, Michael J. Gerhardt
Judicial Selection By The Numbers, Michael J. Gerhardt
Judicial Selection By The Numbers, Michael J. Gerhardt
Faculty Publications
No abstract provided.