By Donald P. Kommers, John E. Finn

AMERICAN CONSTITUTIONAL legislation offers a entire examine the improvement of yank constitutional legislations from its early, seminal best lawsuits (Marbury v. Madison) to the current. the excellent publication is equipped often, starting with governmental powers and concluding with civil rights and civil liberties. AMERICAN CONSTITUTIONAL legislation, quantity II, covers Chapters 8-14 of the excellent textual content facing civil rights and civil liberties.

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Additional info for American constitutional law : essays, cases, and comparative notes [V. 2]

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Certification. A United States Court of Appeal can ‘‘certify’’ to the Supreme Court that a particular case poses exceptional difficulties. When it certifies a case, the lower court asks the Supreme Court to provide instruction about how some matter of law should be settled. 2. Appeal. For much of its history, the Supreme Court was required to hear cases on appeal that raised certain kinds of questions about federal law. ’’ In 1988, Congress passed legislation that sanctioned the practice, thus transforming the Court’s mandatory jurisdiction in such cases into discretionary jurisdiction.

Murphy, Elements of Judicial Strategy (Chicago: University of Chicago Press, 1964). 13 Before he became Justice Brandeis, attorney Louis Brandeis used these kinds of materials to help persuade the Court to uphold an Oregon law that regulated the number of hours women could work. The case was Muller v. S. 412 (1908). Brandeis’ tactic met with outraged disapproval in some camps. See Clement E. Vose, The National Consumer’s League and the Brandeis Brief, 1 Midwest Journal of Political Science 267 (1957).

33 These alternative arrangements should lead us to think about a number of assumptions most students of American constitutional law take for granted. Is life tenure really necessary to guarantee judicial independence? What, if any, are the costs of life tenure, and why have so many other constitutional democracies chosen other devices? 34 31 See, for example, Michael L. Wells, French and American Judicial Opinions, 19 Yale Journal of International Law 81 (1994). 32 See generally Vicki Jackson & Mark Tushnet, Comparative Constitutional Law, 2d ed.

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