Congressional Participation as Amicus Curiae Before the U.S. by Judithanne Scourfield Mclauchlan

By Judithanne Scourfield Mclauchlan

Scourfield McLauchlan stories how participants of Congress perform situations ahead of the ideally suited courtroom. contributors have filed amicus curiae briefs each time period because 1977. The frequency of Congressional participation prior to the courtroom keeps to upward thrust, and it's now a fixture in very best court docket litigation. McLauchlan examines how frequently contributors of Congress take part as "friend of the court," what kinds of situations allure Congressional realization, what motivates Congressmen to dossier amicus briefs, and no matter if Congressional "friends of the court docket" impact ultimate courtroom decision-making. She explores the results of this pattern for the rules of separation of powers and judicial independence.

Show description

Read Online or Download Congressional Participation as Amicus Curiae Before the U.S. Supreme Court (American Legal Institutions) (American Legal Institutions) PDF

Similar law books

The Iraq War and International Law

The choice by way of the U.S. and united kingdom governments to take advantage of army strength opposed to Iraq in 2003 and the following profession and management of that kingdom, has introduced into sharp concentration basic fault strains in overseas legislations. the choice to invade, the behavior of the struggle and profession, and the mechanisms used to manage the rustic all problem the overseas felony neighborhood putting it at a crossroads.

People, Property, or Pets?

A toddler can't be owned, yet mom and dad are legally answerable for their child's care. A portray and a puppy could be owned; either fall lower than the jurisdiction of the legislations and particularly, estate rights. yet why may still a puppy, man's ally, an animal with a brain and feelings, fall less than an analogous class as a portray?

Control or Economic Law

Eugen von Boehm-Bawerk was once a massive of the Austrian institution. eventually, this is an approachable publication by way of him.

His masterworks on curiosity and capital run as much as 1000-plus pages. each person should still learn them, as Mises stated, yet in fact it's a bit a lot to tackle as your first method of this nice philosopher. previously, there haven't been any monograph-length essays in print that blow their own horns the center of his thought.

"Control or fiscal Law," written in 1914, will get to the center of the problem as regards the applying of economics to politics. both we enable fiscal legislation run its direction or we wreck the engine of prosperity. We needs to defer or we make issues worse by way of trying to keep watch over society.

In brief, this can be a medical yet impassioned demand monetary liberalization — from the grand outdated guy who realized from Menger after which taught Mises his economics.

This essay additionally demonstrates that monetary liberalism has lengthy been a part of the basis of the political worldview of the Austrian culture.

Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Legal Theory Today)

A philosophical process isn't what one could anticipate finding within the paintings of a latest criminal philosopher. Robert Alexy's paintings counts as a amazing exception. over the last 28 years, Alexy has been constructing, with outstanding readability and consistency, a scientific philosophy masking many of the key components of felony philosophy.

Extra info for Congressional Participation as Amicus Curiae Before the U.S. Supreme Court (American Legal Institutions) (American Legal Institutions)

Sample text

654 (1988). 166 The Senate was granted fifteen minutes to present its case during oral argument as well. S. 547 (1990). S. Senate in Metro Broadcasting v. S. 547 (1990), 89-453. 3 House and Senate Amicus Participation, with Party Identification Term and Case Name OT1978 Helstoski v. Meanor OT1978 Hutchinson v. Proxmire OT1985 Baldridge v. American Cetacean Society OT1985 Japan Whaling Association v. American Cetacean Society OT1987 Morrison v. Olson OT1988 American Foreign Service Association v.

Constitution. S. Supreme Court, such as Dellums v. W. Bush’s authority to initiate the Persian Gulf War without a declaration of war from Congress, and Dellums v. gov. See, for example, Senator Paul Simon. Advice and Consent: Clarence Thomas, Robert Bork, and the Intriguing History of the Supreme Court’s Nomination Battles. : National Press Books, 1992) and Ronald V. Dellums and H. Lee Halterman. Lying Down with the Lions: Public Life from the Streets of Oakland to the Halls of Power. (Boston: Beacon Press, 2000).

S. 889 (1979). Ct. 683 (1987). Members of Congress as “Friends of the Court” 47 While there are examples of Members joining with organized labor,141 civil rights and women’s groups,142 and other public interest groups,143 there are only two groups that stand out as “repeat players” in Congressional amicus participation: the Washington Legal Foundation (19 cases),144 and, to a lesser extent, the Allied Educational Foundation (8 cases). 145 141 In Heckler v. S. 728 (1984) the American Federation of Government Employees Union (AFL-CIO) joined Congressman James Oberstar to file a brief concerning public pension offset for Social Security benefits.

Download PDF sample

Rated 5.00 of 5 – based on 18 votes