This pioneering text presents, in one single volume, the history of the federal courts since their establishment in 1789 and the changes that have occurred in the 200 years since. The author examines
There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, th
This resource produces the first comprehensive history of the state's federal courts from the inception of the Mississippi Territory to the late twentieth century. Using archival material and legal do
This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in
The Christian Right of the 1980s forged its political identity largely in response to what it perceived as liberal 'judicial activism'. Robert Daniel Rubin tells this story as it played out in Mobile, Alabama. There, a community conflict pitted a group of conservative evangelicals, a sympathetic federal judge, and a handful of conservative intellectuals against a religious agnostic opposed to prayer in schools, and a school system accused of promoting a religion called 'secular humanism'. The twists in the Mobile conflict speak to the changes and continuities that marked the relationship of 1980s' religious conservatism to democracy, the courts, and the Constitution. By alternately focusing its gaze on the local conflict and related events in Washington, DC, this book weaves a captivating narrative. Historians, political scientists, and constitutional lawyers will find, in Rubin's study, a challenging new perspective on the history of the Christian Right in the United States.
How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and
This innovative reappraisal of federal courts in Indian Territory shows how the United States Congress used judicial reform to suppress the Five Tribes’ governments and clear the way for Oklahoma stat
Volume 2 details the workings of the Court's experimental practice of sending Justices around the country to serve as judges at sessions of the various federal circuit courts. The documents in this vo
This volume in ABC-CLIO's About Federal Government set looks at the history and daily operations of the federal judiciary, from district courts, to courts of appeal, to the Supreme Court.
Cases such as the Maastricht ruling by the German Federal Constitutional Court or the ’Crotty’ decision by the Irish Supreme Court have gone down in the history of European integration as outstanding
America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how same-sex couples and their children coped within harsh legal environments. The work ends with a lively explanation of how the federal judiciary rescued these families from their own governments. In addition, the book provides a model of the grassroots circumstances under which harassed minority groups migrate out of oppressive state regimes, together with an estimate of the economic and other costs (to the refugees and their governments) of the flight from persecution.
America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how same-sex couples and their children coped within harsh legal environments. The work ends with a lively explanation of how the federal judiciary rescued these families from their own governments. In addition, the book provides a model of the grassroots circumstances under which harassed minority groups migrate out of oppressive state regimes, together with an estimate of the economic and other costs (to the refugees and their governments) of the flight from persecution.
In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments
A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, struc
The Unwieldy American State offers a political and legal history of the administrative state from the 1940s through the early 1960s. After Progressive Era reforms and New Deal policies shifted a substantial amount of power to administrators, the federal government's new size and shape made one question that much more important: how should agencies and commissions exercise their enormous authority? In examining procedural reforms of the administrative process in light of postwar political developments, Grisinger shows how administrative law was shaped outside the courts. Using the language of administrative law, parties debated substantive questions about administrative discretion, effective governance and national policy, and designed reforms accordingly. In doing so, they legitimated the administrative process as a valid form of government.
The Unwieldy American State offers a political and legal history of the administrative state from the 1940s through the early 1960s. After Progressive Era reforms and New Deal policies shifted a substantial amount of power to administrators, the federal government's new size and shape made one question that much more important: how should agencies and commissions exercise their enormous authority? In examining procedural reforms of the administrative process in light of postwar political developments, Grisinger shows how administrative law was shaped outside the courts. Using the language of administrative law, parties debated substantive questions about administrative discretion, effective governance and national policy, and designed reforms accordingly. In doing so, they legitimated the administrative process as a valid form of government.
This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make se
Judge Mac Swinford was one of the longest-serving federal judges in United States history. During his lengthy tenure in the Kentucky courts, he came to know and appreciate the deep complexity of the
The symbolic importance of Barack Obama's election is without question. But beyond symbolism, does the election of African-American politicians matter? Grose argues that it does and presents a unified theory of representation. Electing African-American legislators yields more federal dollars and congressional attention directed toward African-American voters. However, race and affirmative action gerrymandering have no impact on public policy passed in Congress. Grose is the first to examine a natural experiment and exceptional moment in history in which black legislators – especially in the U.S. South – represented districts with a majority of white constituents. This is the first systematic examination of the effect of a legislator's race above and beyond the effect of constituency racial characteristics. Grose offers policy prescriptions, including the suggestion that voting rights advocates, the courts, and redistricters draw 'black decisive districts', electorally competitive distr
The symbolic importance of Barack Obama's election is without question. But beyond symbolism, does the election of African-American politicians matter? Grose argues that it does and presents a unified theory of representation. Electing African-American legislators yields more federal dollars and congressional attention directed toward African-American voters. However, race and affirmative action gerrymandering have no impact on public policy passed in Congress. Grose is the first to examine a natural experiment and exceptional moment in history in which black legislators – especially in the U.S. South – represented districts with a majority of white constituents. This is the first systematic examination of the effect of a legislator's race above and beyond the effect of constituency racial characteristics. Grose offers policy prescriptions, including the suggestion that voting rights advocates, the courts, and redistricters draw 'black decisive districts', electorally competitive distr
