Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abstention (1)
- American law (1)
- Chaney v. Heckler (1)
- Circuit court in banc practices (1)
- Circuit precedent (1)
-
- Circuit splits (1)
- Conflicts in precedent (1)
- Conscience (1)
- Cue theory (1)
- DC Circuit (1)
- Declaratory judgment (1)
- Dignity (1)
- Distinguishing precedent (1)
- District of Columbia Circuit (1)
- Dombrowski (1)
- Dronenburg v. Zech (1)
- Equity (1)
- In bank review (1)
- Injunction (1)
- Limiting precedent (1)
- Mini in banc proceedings (1)
- Nonintervention (1)
- Policy conflict (1)
- Political ideology (1)
- Stare Decisis (1)
- State question (1)
- Use of precedent (1)
- Writ of certiorari (1)
- Younger doctrine (1)
Articles 1 - 5 of 5
Full-Text Articles in Jurisprudence
Dignity And The Promise Of Conscience, Duane Rudolph
Dignity And The Promise Of Conscience, Duane Rudolph
Cleveland State Law Review
This Article focuses on the relationship between three specific invocations of dignity in American law, whose emphases are different. The first appeared in the late eighteenth century and is concerned with the dignity of a state or sovereign. The second made its appearance at the beginning of the nineteenth century and is devoted to the dignity of the court. The third is concerned with the dignity of the human person. International instruments and foreign constitutions evoked dignity in this sense in the 1930s and 1940s. In the United States, the Restatement of Torts, First evoked this sense of the term …
The Ideological Divide: Conflict And The Supreme Court's Certiorari Decision , Emily Grant, Scott A. Hendrickson, Michael S. Lynch
The Ideological Divide: Conflict And The Supreme Court's Certiorari Decision , Emily Grant, Scott A. Hendrickson, Michael S. Lynch
Cleveland State Law Review
This Article bridges a gap in existing literature by evaluating, from an empirical perspective, the impact of conflict among the lower courts on the Supreme Court’s decision to grant or deny a petition for a writ of certiorari. Specifically, this Article looks at the political ideology of the lower courts involved in a split of authority on federal law and compares those positions to the political ideology of the Supreme Court itself. This Article concludes that the ideological content of lower court opinions in a conflict case impacts the Supreme Court’s certiorari decisions in a statistically significant way, and thus …
The Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald
The Changing Course: The Use Of Precedent In The District Of Columbia Circuit, Patricia M. Wald
Cleveland State Law Review
An article by my colleague Judge Edwards uses a series of computer runs from the court's 1983 term to make out a statistical case that our members mostly agree with each other and do not fall into predictable "conservative," “liberal," or even "moderate," voting blocs; labels that the press so dearly loves to pin on us. I agree that our votes in a large number of cases, particularly administrative law cases, do not so easily typecast us. I do, however, think that in the high visibility cases, involving controversial social or "moral" issues, our differences in judicial philosophy, on the …
Mini In Banc Proceedings: A Survey Of Circuit Practices, Steven Bennett, Christine Pembroke
Mini In Banc Proceedings: A Survey Of Circuit Practices, Steven Bennett, Christine Pembroke
Cleveland State Law Review
In banc review was originally intended to resolve conflicts in circuit precedent. Full-scale in banc proceedings, however, are cumbersome, costly and time-consuming. In determining whether to proceed with in banc review, courts appear to weigh the costs of in banc review against its potential benefits. Employing this calculus, courts often forgo in banc review in conflict cases that would otherwise receive such treatment. One solution to this problem is to reduce the cost and delay of in banc proceedings by streamlining the procedure. Recently, several federal circuit courts of appeals have adopted abbreviated forms of in banc review. The purpose …
Federal Courts, Injunctions, Declaratory Judgments, And State Law: The Supreme Court Has Finally Fashioned A Workable Abstention Doctrine, Clair E. Dickinson
Federal Courts, Injunctions, Declaratory Judgments, And State Law: The Supreme Court Has Finally Fashioned A Workable Abstention Doctrine, Clair E. Dickinson
Cleveland State Law Review
The American judicial system is founded on several policies which act as guideposts for the courts. Among these is the policy that states should be as free from federal control as possible. At the opposite end of the spectrum is the view that federal courts have a duty to protect individuals from violations of their constitutional rights. These policies meet, and seemingly clash, when a plaintiff enters a federal court either to request a declaratory judgment that a state statute is unconstitutional or to seek an injunction against the enforcement of the statute. The balancing of these competing interests has …