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Keywords: state courts
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Journal Article
Municipalities at Court
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William M Myers and Davia C Downey
Publius: The Journal of Federalism, pjaf002, https://doi.org/10.1093/publius/pjaf002
Published: 18 February 2025
... findings suggest that the Court’s treatment of municipal governments is much more complex than is normally assumed and is consistent with an institution focused on monitoring the federal system and adjusting accordingly. judicial politics state courts Supreme Court local government urban affairs urban...
Journal Article
Judicial Dialogue Unpacked: Twenty Years of Preliminary References on Environmental Matters Initiated by the Swedish Judiciary
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Sanja Bogojević
Journal of Environmental Law, Volume 29, Issue 2, July 2017, Pages 263–283, https://doi.org/10.1093/jel/eqx009
Published: 02 May 2017
... and the EU courts, and whether judicial dialogues are effective guarantors of judicial protection. Judicial dialogue preliminary reference procedure EU courts Member State courts Swedish judiciary, judicial protection Judicial dialogue, as established by the preliminary reference procedure...
Chapter
The Structure of American Law: The Courts
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Lawrence M. Friedman and Grant M. Hayden
Published: 02 January 2017
...This chapter discusses the American court system. It begins by laying out the basic structure of federal and state court systems. It then looks at the judges—where they come from and whether they occupy an elective or appointive office. Next, the work of the courts is examined, including the kinds...
Chapter
Published: 28 September 2017
...This chapter reconstructs the background knowledge that underpins all processes of conflict resolution in rural Bangladesh. It starts with the in-depth analysis of an attempted murder case and shows how state and non-state courts are intricately intertwined in what is conceptualized as the logic...
Chapter
Published: 14 December 2010
.... The chapter rejects the approaches to these problems worked out by both federal and state courts in favor of an approach based on comparative institutional analysis, informed by the dual enforcement model. On this view, state constitutions should not be construed to bar state administrative compliance...
Chapter
Published: 14 December 2010
... of constitutional rights, many state constitutions do not require the same predicate for the evolution of constitutional norms. The chapter describes the practices by which state courts have extended constitutional protections to private conduct. It grounds this generally in a framework drawn from comparative...
Chapter
Why Discriminate?
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Andrew Koppelman
Published: 01 July 2002
...This chapter discusses the moral arguments that have been offered for and against unequal treatment of gays. The importance of the idea that marriage is inherently heterosexual was recently shown dramatically in a series of cases in which state courts attempted to mandate legal recognition of same...
Chapter
Reconstruction and North Carolina Women's Tangled History with Law and Governance
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Laura F. Edwards
Published: 01 October 2008
..., seeking out the assistance of the legal system—through the Federal army, the Freedmen's Bureau, and then state courts—even before they were formally emancipated or granted civil rights. African Americans abandoned by Federal government Legal process and access Women and legal system Peace...
Chapter
Introduction
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Michael A. Rebell
Published: 15 November 2009
... a conceptual framework and a practical model for advancing educational equity through an active colloquy between the state courts and the other two branches of state government: the executive and the legislative. Board of Education Brown v educative function of Brown v Board of Education Brown II ruling...
Chapter
The State Courts' Active New Role
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Michael A. Rebell
Published: 15 November 2009
...As the Supreme Court's insistence on effective remedies in school desegregation cases began to flag in the 1970s, civil rights advocates initiated new legal challenges in state courts to the systems that most states had used to finance public education. Constitutional challenges to the inequitable...
Chapter
Published: 07 June 2013
...This chapter examines aspects of federal jurisdiction, including diversity cases and the gnawing problems of state action, in hopes of striking a workable balance between federal and state courts. In particular, it discusses four pillars of federal-state court relations: federal violations—federal...
Chapter
Legislatures and Courts
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Daniel Berkowitz and Karen B. Clay
Published: 11 December 2011
...This chapter furthers the previous chapter's discussion by examining how colonial legal origin and political competition have shaped the funding of state courts. State judicial budgets are set by the state executive and legislative branches as part of a regular state budget exercise. Judicial...
Chapter
Filling the Bench
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David A. Yalof
Published: 02 September 2009
... reviewing the literature on how judges are recruited in the United States, this article focuses on recruitment to the U.S. Supreme Court, the lower federal courts, and state courts. It also considers the future of scholarship on judicial recruitment. Bork R H Bush George W Thomas Clarence judicial...
Chapter
The Problematics of Federal Jurisdiction
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James E. Pfander
Published: 04 June 2009
... Contract claims against federal government Deportation of aliens First amendment issues and state courts Immigration cases Judgment Fund Naturalization proceedings Shelby Senator Richard State courts Takings claims Appellate jurisdiction Benson Crowell v Crowell v Benson Distribution Clause...
Chapter
The Supreme Court and the State Courts
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James E. Pfander
Published: 04 June 2009
...This chapter builds on Hamilton's distinction between the state courts' preexisting jurisdiction and their jurisdiction over inherently federal matters in proposing to explain the relationship between the state courts and the federal judiciary. In Hamilton's view, the state courts would enjoy pre...
Chapter
Judicial Elections: Judges and their “New-Style” Constituencies
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James L. Gibson and Michael J. Nelson
Published: 06 July 2017
... decisions legal environment context Hall M G institutions interest groups lawyers media the policy political parties politics separation of powers SOP state courts state governments Berdejó C Boyea B D Brace P Canes Wrone B cases Clark T S Colorado crime decision making defendants...
Chapter
United States
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Charles H Brower
Published: 12 September 2013
...This chapter first describes the legal framework regulating the immunities of international organizations in US courts. Turning to case-law, it then examines jurisprudence relating to the United Nations Organization, which, firstly, largely emanates from the United States Court of Appeals...
Chapter
Mediation in Germany: The German Mediation Act—Alternative Dispute Resolution at the Crossroads
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Peter Tochtermann
Published: 29 November 2012
... by judges, how the quality of mediation services might best be ensured and which structures are most promising to significantly further the use of mediation as an alternative to litigation before state courts. Germany DE − Mediation DEfinition DE − Mediator role DE − Negotiation DE − Definition...
Chapter
Mediation in Greece: A Contemporary Procedural Approach to Resolving Disputes
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Nikolaos K. Klamaris and Calliope G. Chronopoulou
Published: 29 November 2012
... in the state courts. Literature Γεώργιος Ορφανίδης [ George Orfanides], Εναλλακτικές λύσεις στη δικαιοσύνη και εντός της δικαιοσύνης [ Alternatives to and in Justice ], στο έργο «Η δραστικότητα της δικαιοσύνης» [Efficiency in Justice ...
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