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Articles 1 - 5 of 5
Full-Text Articles in Law
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.
Vanderbilt Law Review
In the debate over how federal courts should interpret federal statutes, "faithful agent" theories stand pitted against "dynamic" theories of statutory interpretation. The following questions lie at the heart of the debate: Is the proper role of federal courts to strive to implement the commands of the legislature-in other words, to act as Congress's faithful agents? Or, is the proper role of federal courts to act as partners with Congress in the forward-looking making of federal law-in other words, to interpret statutes dynamically? Proponents of faithful agent theories include both "textualists" and "purposivists." Textualists have argued that federal courts best …
You're Fired - The Role Of State Courts In The Expungement Of Criminal Records For Federal Security Clearance Purposes, Megan Dunn
Missouri Law Review
The events of September 11, 2001, radically altered many facets of American life. One dramatic change was the establishment of the Federal Department of Homeland Security, created to regulate and oversee various aspects of the federal government in an effort to promote safety and prevent terrorism. As part of this mission, the Department of Homeland Security now manages the investigations that determine eligibility for security clearances necessary for many federal government jobs. As a result of this process, Scott Dyer was denied renewal of the security clearance necessary for his employment as a building engineer at a federal courthouse in …
Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran
Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran
Articles
Courts handling child abuse and neglect cases face a daunting task. Within one to three days after a child is removed from his home, a court hearing must be held to determine whether court intervention and continued removal of the child is necessary. At this hearing, the court must sort through and evaluate the state's allegations and assess the various risks posed by placing the child in foster care or returning the child to one or both of his parents. Courts must weigh the heavy emphasis the law places on preserving the family unit against the equally paramount mandate to …
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia
Journal Articles
Scholars have long debated the separation of powers question of what judicial power federal courts have under Article III of the Constitution in the enterprise of interpreting federal statutes. Specifically, scholars have debated whether, in light of Founding-era English and state court judicial practice, the judicial power of the United States should be understood as a power to interpret statutes dynamically or as faithful agents of Congress. This Article argues that the question of how courts should interpret federal statutes is one not only of separation of powers but of federalism as well. State courts have a vital and often …
Congressional Power And State Court Jurisdiction, Anthony J. Bellia
Congressional Power And State Court Jurisdiction, Anthony J. Bellia
Journal Articles
Federal laws that regulate state institutions give rise to what the Supreme Court has described as the oldest question of constitutional law. In recent years, the Court has confronted questions of congressional power to regulate state legislatures and executives, but has not directly confronted any question of congressional power to regulate state courts. Since the Founding, questions of congressional power to regulate state court jurisdiction of Article III cases have arisen - most notably, congressional power to assign jurisdiction of federal criminal cases to state courts. Today, significant questions of congressional power to regulate state court jurisdiction over non-Article III …