Commentary on "Planning for the State and Federal Courts": The Additional Problem of Federal Legislation

1992 ◽  
Vol 78 (8) ◽  
pp. 1883
Author(s):  
Robert F. Stephens
Keyword(s):  
Federal Courts ◽  
The State ◽  
Federal Legislation ◽  
Additional Problem

scholarly journals The Constitutional Power and Relation of the State and Federal Courts

1909 ◽  
Vol 18 (3) ◽  
pp. 165
Author(s):  
J. C. Pritchard
Keyword(s):  
Federal Courts ◽  
The State

Understanding the Adoption of Voter Identification Laws in the American States

2017 ◽  
Vol 45 (4) ◽  
pp. 560-588 ◽  
Author(s):  
Daniel R. Biggers ◽  
Michael J. Hanmer
Keyword(s):  
Event History Analysis ◽  
Political Power ◽  
The State ◽  
Event History ◽  
Federal Legislation ◽  
The Past ◽  
Voter Identification ◽  
Extensive Analysis ◽  
American States ◽  
History Analysis

Recently, many states have reversed the decades-long trend of facilitating ballot access by enacting a wave of laws requesting or requiring identification from registrants before they vote. Identification laws, however, are not an entirely new phenomenon. We offer new theoretical insights regarding how changes in political power influence the adoption of identification laws. In the most extensive analysis to date, we use event history analysis to examine why states adopted a range of identification laws over the past several decades. We consistently find that the propensity to adopt is greatest when control of the governor’s office and legislature switches to Republicans (relationships not previously identified), and that this likelihood increases further as the size of Black and Latino populations in the state expands. We also find that federal legislation in the form of the Help America Vote Act seems to enhance the effects of switches in partisan control.

Stemming the Tide: Assisted Suicide and the Constitution

1995 ◽  
Vol 23 (4) ◽  
pp. 389-397 ◽  
Author(s):  
Carl H. Coleman ◽  
Tracy E. Miller
Keyword(s):  
Assisted Suicide ◽  
State Level ◽  
Federal Courts ◽  
The State ◽  
Equal Protection ◽  
State Court ◽  
State Laws ◽  
Equal Protection Clause ◽  
The Right

On November 8, 1994, Oregon became the first state in the nation to legalize assisted suicide. Passage of Proposition 16 was a milestone in the campaign to make assisted suicide a legal option. The culmination of years of effort, the Oregon vote followed on the heels of failed referenda in California and Washington, and other unsuccessful attempts to enact state laws guaranteeing the right to suicide assistance. Indeed, in 1993, four states passed laws strengthening or clarifying their ban against assisted suicide. No doubt, Proposition 16 is likely to renew the effort to legalize assisted suicide at the state level.The battle over assisted suicide is also unfolding in the courts. Litigation challenging Proposition 16 on the grounds that it violates the equal protection clause is ongoing in Oregon. More significantly, three cases, two in federal courts and one in Michigan state court, have been brought to establish assisted suicide as a constitutionally protected right.

Private Securities Litigation

2021 ◽  
pp. 163-210
Author(s):  
Marc I. Steinberg
Keyword(s):  
United States ◽  
The United States ◽  
Federal Courts ◽  
Federal Legislation ◽  
Securities Markets ◽  
Securities Litigation ◽  
Disparate Treatment ◽  
Degree Of Certainty ◽  
Judicial Actions ◽  
Securities Laws

This chapter focuses on the erratic and unacceptable private securities litigation framework that prevails in the United States. The litigation structure contained in the federal securities acts was based on a different era and is not suitable for today’s securities markets. Although federal legislation has been enacted to address perceived shortcomings on an episodic basis, significant gaps and inconsistencies exist. Likewise, the federal courts, faced with a fractured statutory regimen, frequently have construed the remedial provisions in a wooden and unduly restrictive manner. The consequence of these congressional and judicial actions is a disparate liability framework that lacks sound logic, consistency, and even-handed treatment for plaintiffs and defendants alike. This chapter provides several examples of the inconsistencies and disparate treatment that prevail under the federal securities laws. Thereafter, recommendations for corrective measures are proffered. These proposals, if adopted and effectively implemented, should instill a substantially greater degree of certainty, uniformity, and equity than currently exists.

Introduction

2016 ◽  
Author(s):  
Nicholas R. Seabrook
Keyword(s):  
United States ◽  
State Government ◽  
Democratic Party ◽  
The United States ◽  
State Legislature ◽  
Federal Courts ◽  
The State ◽  
Electoral Support ◽  
First Time ◽  
Considerable Pressure

As the results of the 2002 election flashed across their television screens, Texas’s congressional Republicans could be forgiven for feeling a certain amount of dissatisfaction with the redistricting process in the United States. Their party had seen its share of the statewide vote in U.S. House elections increase from 49.8 percent in 1992 to 54.9 percent in 2002. Yet, even with this latest ten-point victory over the Democrats in the popular vote, they had once again failed to convert their increasingly dominant electoral support into a Republican majority in the state’s congressional delegation. A partisan gerrymander, passed in the wake of the 1990 Census and left largely intact by the district boundaries implemented by the federal courts following the 2000 Census, had allowed the Democratic Party to maintain its overall majority in the Texas delegation for more than a decade. The Democrats won twenty-one of Texas’s thirty seats in Congress in 1992, and managed to retain control of nineteen in 1994 and seventeen from 1996 to 2000, despite averaging just 45.8 percent of the two-party vote in these elections. In 2003, the Texas Republicans, armed for the first time with control of both houses of the state legislature and the governorship, undertook an unprecedented mid-decade redrawing of the state’s congressional boundaries. Though many Republicans in the state government were opposed to the idea of redrawing the district boundaries mid-decade, the effort was initiated under considerable pressure from Republicans in Congress, most notably House majority leader Tom DeLay (...

The Judicial Power in the State (And Federal) Courts

2000 ◽  
Vol 2000 ◽  
pp. 357-432 ◽  
Author(s):  
Adrian Vermeule
Keyword(s):  
Federal Courts ◽  
The State ◽  
Judicial Power

Planning for the State and Federal Courts

1992 ◽  
Vol 78 (8) ◽  
pp. 1849
Author(s):  
Edward B. McConnell
Keyword(s):  
Federal Courts ◽  
The State
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