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Interest Groups and Judicial Federalism

Interest Groups and Judicial Federalism PDF Author: Donald J. Farole
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 232

Book Description
Throughout this century, organized interest groups have played a central role in U.S. Supreme Court litigation on issues of civil rights and liberties. Yet in recent decades, the Court has been less willing to protect many rights and has discouraged the use of federal court forums. With the federal courts inhospitable or unavailable, interest groups have had greater incentive to enter state judiciaries. Proponents of the new judicial federalism urge groups and other litigants to seek greater individual protection based on state constitutions than that required under federal constitutional standards. Farole examines the conditions under which groups are likely to enter state litigation. How the Supreme Court decisions provide incentives or disincentives for organizational action in state judiciaries as well as how other factors specific to organizations condition their willingness and ability to enter state courts is of particular concern. Farole also examines whether groups assert rights claims based on state constitutional law. He provides a comparative analysis of group litigation in two issue areas—eminent domain and obscenity—in five states. Evidence is taken from a variety of sources including interviews, interest group and court files, and published court opinions. The analysis provides insights into the ability of interest groups to remain active in rights litigation by turning their lobbying efforts to state judiciaries. This book is of particular interest to political scientists and academic lawyers concerned with federalism, interest groups, judicial politics, and civil liberties.

Interest Groups and Judicial Federalism

Interest Groups and Judicial Federalism PDF Author: Donald J. Farole
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 232

Book Description
Throughout this century, organized interest groups have played a central role in U.S. Supreme Court litigation on issues of civil rights and liberties. Yet in recent decades, the Court has been less willing to protect many rights and has discouraged the use of federal court forums. With the federal courts inhospitable or unavailable, interest groups have had greater incentive to enter state judiciaries. Proponents of the new judicial federalism urge groups and other litigants to seek greater individual protection based on state constitutions than that required under federal constitutional standards. Farole examines the conditions under which groups are likely to enter state litigation. How the Supreme Court decisions provide incentives or disincentives for organizational action in state judiciaries as well as how other factors specific to organizations condition their willingness and ability to enter state courts is of particular concern. Farole also examines whether groups assert rights claims based on state constitutional law. He provides a comparative analysis of group litigation in two issue areas—eminent domain and obscenity—in five states. Evidence is taken from a variety of sources including interviews, interest group and court files, and published court opinions. The analysis provides insights into the ability of interest groups to remain active in rights litigation by turning their lobbying efforts to state judiciaries. This book is of particular interest to political scientists and academic lawyers concerned with federalism, interest groups, judicial politics, and civil liberties.

Interest Groups and Judicial Federalism

Interest Groups and Judicial Federalism PDF Author: Donald Joseph Farole
Publisher:
ISBN:
Category : Citizen suits (Civil procedure)
Languages : en
Pages : 708

Book Description


American Government 3e

American Government 3e PDF Author: Glen Krutz
Publisher:
ISBN: 9781738998470
Category :
Languages : en
Pages : 0

Book Description
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

Real Federalism

Real Federalism PDF Author: Michael S. Greve
Publisher: American Enterprise Institute
ISBN: 9780844741000
Category : Federal government
Languages : en
Pages : 232

Book Description
Real federalism is a federalism that promotes citizen choice and competition among the states

Litigating Federalism

Litigating Federalism PDF Author: Bill Swinford
Publisher: Bloomsbury Publishing USA
ISBN: 0313370931
Category : Law
Languages : en
Pages : 174

Book Description
Waltenburg and Swinford provide a detailed and systematic examination of state government activity before the U.S. Supreme Court. They provide an explanatory model of state litigation behavior that both rests upon a solid theoretical perspective and places state decisions in a larger political context. After an examination of the evolution of U.S. constitutional law on issues of direct state concern, Waltenburg and Swinford focus most of their attention on qualitative and quanitative analyses of the behavior over time of states in all their roles before the Court. Scholars and other researchers interested in judicial decision-making, Constitutional Law, and inter-governmental relations will find this a particularly useful study.

The Federalist Papers

The Federalist Papers PDF Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420

Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

American Federalism

American Federalism PDF Author: Larry N. Gerston
Publisher: M.E. Sharpe
ISBN: 9780765616715
Category : Business & Economics
Languages : en
Pages : 216

Book Description
Understanding federalism is central to the study of democratic government in the United States. This book examines the historical and philosophical underpinnings of federalism; and the ways in which institutional political power is both diffused and concentrated in the United States.

The Federal Courts, Politics, and the Rule of Law

The Federal Courts, Politics, and the Rule of Law PDF Author: John C. Hughes
Publisher: Addison Wesley Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 234

Book Description
This text integrates the legal scholar's concern for jurisprudence and interpretive theory with the political scientist's concern for the behavior of judges and other actors in the judicial system. It combines theoretical and empirical approaches to present institutions and processes not as static or fixed for all time, but as historically contingent and continually evolving.

New Frontiers of State Constitutional Law

New Frontiers of State Constitutional Law PDF Author: James A. Gardner
Publisher: Oxford University Press
ISBN: 0199709580
Category : Law
Languages : en
Pages : 190

Book Description
New Frontiers of State Constitutional Law: Dual Enforcement of Norms projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This book shatters the old image of American federalism as creating distinct systems of constitutional law. Instead, it shows how national and state constitutions and constitutional law are permanently and intimately linked.

State Politics and the New Federalism

State Politics and the New Federalism PDF Author: Marilyn Gittell
Publisher: Longman Publishing Group
ISBN:
Category : Political Science
Languages : en
Pages : 572

Book Description