Download Litigating Federalism: The States Before the U.S. Supreme by Bill Swinford;Eric N. Waltenburg PDF

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By Bill Swinford;Eric N. Waltenburg

Waltenburg and Swinford offer a close and systematic exam of country executive task earlier than the U.S. splendid court docket. they supply an explanatory version of country litigation habit that either rests upon a superior theoretical viewpoint and areas country judgements in a bigger political context.After an exam of the evolution of U.S. constitutional legislations on problems with direct country predicament, Waltenburg and Swinford concentration such a lot in their consciousness on qualitative and quanitative analyses of the habit over the years of states in all their roles earlier than the courtroom. students and different researchers drawn to judicial decision-making, Constitutional legislation, and inter-governmental kin will locate this a very necessary learn.

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S. 350 [1928]); and Williams v. S. 235 [1929]). 20. S. v. S. S. 417 [1920]) and Bailey v. S. 20 [1922]). 21. " 22. Wright v. S. 440 [1937]). 23. Virginia Railway Company v. S. 515 [1937]). 24. National Labor Relations Board v. S. 1 [1937]). 25. Moreheadv. New York ex rel. S. 587 [1936]). 26. See Leuchtenburg 1995. As Schwartz 1993 asserts: It misconceives the nature of the Supreme Court and its manner of operation as a judicial tribunal to assume that the 1937 change in jurisprudence was solely the result of the Court-packing plan.

S. 1 [1899]); Fairbank v. S. S. 283 [1901]); James v. S. S. 488 [1905]); Rassmussen v. S. S. 516 [1905]); Hodges v. S. S. S. 463 [1908]); Adair v. S. S. 161 [1908]); Keller v. S. S. S. v. S. 297 [1909]). Taken from Epstein et al. 1994, p. 96. 14. "No state shall . . S. Constitution, Amendment XIV, Section 1). 15. See, for example, Chicago, Milwaukee & St. Paul Railway Company v. S. 418 [1890]); Reagan v. S. 362 [1894]); Allgeyer v. S. 578 [1897]); Chicago, Burlington & Quincy Railroad Company v.

S. 264, 287-88 [1981]). 33. See, for example, Hodel v. S. 264 [1981]); FERC v. S. 742 [1982]); United Transportation Union v. S. 742 [1982]); and Equal Employment Opportunities Commission v. S. 222 [1983]). See O'Brien 1997, 640-45. 34. Justice Blackmun had, in essence, telegraphed that such a reconsideration of his support of the Court's holding in National League of Cities may be in the offing. S. 833, 865), some of which, he noted, were raised in the dissent. 35. A brief amicus curiae urging the Court to overturn the Department of Labor's interpretation was filed by the State of California, which was joined by twenty-three other states: Massachusetts, Connecticut, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, Pennsylvania, South Carolina, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

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