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Courts Commons

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Faculty Scholarship

Law and Politics

Judicial power

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Full-Text Articles in Courts

Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel Jan 2017

Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel

Faculty Scholarship

Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …


Calling The Tune Or Following The Lead: The European Court Of Justice In European Policy Making, Rachel D. Brewster Jan 1998

Calling The Tune Or Following The Lead: The European Court Of Justice In European Policy Making, Rachel D. Brewster

Faculty Scholarship

No abstract provided.