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Full-Text Articles in Law
Article Iii Judicial Power And The Federal Arbitration Act, Roger J. Perlstadt
Article Iii Judicial Power And The Federal Arbitration Act, Roger J. Perlstadt
American University Law Review
No abstract provided.
The State Secrets Privilege And Separation Of Powers, Amanda Frost
The State Secrets Privilege And Separation Of Powers, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the war on terror, arguing that the very subject matter of these cases must be kept secret to protect national security. The executive's recent assertion of the privilege is unusual, in that it is seeking dismissal, pre-discovery, of all challenges to the legality of specific executive branch programs, rather than asking for limits on discovery in individual cases. This essay contends that the executive's assertion of the privilege is therefore akin to a claim that the courts lack jurisdiction to …
Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings., Ira P. Robbins
Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings., Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
In 1968, Congress enacted the Federal Magistrates Act to enhance judicial efficiency in the federal courts. Since then, some judicial functions delegated to magistrate judges have been challenged on constitutional grounds: while federal district judges, appointed pursuant to Article III of the United States Constitution, are protected with life tenure and undiminishable salary, thereby enhancing judicial independence, federal magistrate judges, appointed pursuant to Article I, have no such protection. The most recent major challenge to magistrate judge authority came in 2001, when the United States Court of Appeals for the Fifth Circuit, in United States v. Johnston, decided that referral …