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Articles 1 - 6 of 6
Full-Text Articles in Jurisdiction
Undemocratic Restraint, Fred O. Smith, Jr.
Undemocratic Restraint, Fred O. Smith, Jr.
Vanderbilt Law Review
For almost two hundred years, a basic tenet of American law has been that federal courts must generally exercise jurisdiction when they possess it. And yet, self-imposed prudential limits on judicial power have, at least until recently, roared on despite these pronouncements. The judicial branch's avowedly self-invented doctrines include some (though not all) aspects of standing, ripeness, abstention, and the political question doctrine. The Supreme Court recently, and unanimously, concluded that prudential limits are in severe tension with our system of representative democracy because they invite policy determinations from unelected judges. Even with these pronouncements, however, the Court has not …
Remaking The United States Supreme Court In The Courts' Of Appeals Image, Tracey E. George, Chris Guthrie
Remaking The United States Supreme Court In The Courts' Of Appeals Image, Tracey E. George, Chris Guthrie
Vanderbilt Law School Faculty Publications
We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure for select cases. In so doing, Congress would expand the Court's capacity to decide cases, facilitating enhanced clarity and consistency in the law as well as heightened monitoring of lower courts and the other branches. Remaking the Court in this way would not only expand the Court's decision making capacity but also improve the Court's composition, competence, and functioning.
Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman
Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman
Vanderbilt Journal of Transnational Law
Although the usually proclaimed goals of the United States legal system are "fair play and justice," a person who is injured in some way, who feels that he has had his rights violated, or who seeks to enforce a business agreement, may not necessarily have a remedy in its judicial system. Often a court may claim it lacks power to hear a case because it does not have jurisdiction over the defendant or the subject matter of the suit. Another motive of a court for refusing to hear the case may be simply the necessity to clear its docket. One …
Judicial Jurisdiction: From A Contacts To An Interest Analysis, Luther L. Mcdougal L. Mcdougal Iii
Judicial Jurisdiction: From A Contacts To An Interest Analysis, Luther L. Mcdougal L. Mcdougal Iii
Vanderbilt Law Review
This Article examines whether the courts should shift their focus to a policy or interest analysis in judicial jurisdiction cases. The Article initially identifies some of the theoretical inadequacies of, and practical difficulties with, the Supreme Court's purposefully availing/minimum contacts approach to jurisdictional problems. The Article then outlines an alternative approach that employs a comprehensive form of interest analysis. After setting forth this proposed framework, the Article proceeds to examine Supreme Court decisions since International Shoe from the standpoint of the outcomes that an interest analysis approach might produce. Finally, the Article appraises these varying results and recommends that the …
Book Notes, Law Review Staff
Book Notes, Law Review Staff
Vanderbilt Law Review
In his discussion of the traditional power framework within which the Supreme Court operates the author covers old ground, dealing with such matters as the jurisdictional limitations upon the Court, its law court function of making case by case determinations, and its self-imposed restraints as to when and how it will hear and determine a controversy. The second broad heading, entitled "Marshalling the Court," forms probably the most fascinating chapter in the book. The author is here concerned with the issue most vital to any policy-oriented Justice: How can he win and hold for his side at least four other …
Suits Between States In The Supreme Court, William S. Barnes
Suits Between States In The Supreme Court, William S. Barnes
Vanderbilt Law Review
A study of contemporary procedure and jurisdiction of the Supreme Court is a prerequisite of any plans for the expansion of the business of the World Court in the future. The present emphasis on international organization may lead to new legal problems in much the same manner as the growth of federal power has done in this country in the last quarter-century. This paper will discuss only those cases in which an opinion was rendered, omitting the admittedly significant memorandum reports for lack of space. Due to the complicated and detailed nature of many of the decrees, analysis of the …