The Business of the Supreme Court of the United States. A Study in the Federal Judicial System. IV. Federal Courts of Specialized Jurisdiction

1926 ◽  
Vol 39 (5) ◽  
pp. 587 ◽  
Author(s):  
Felix Frankfurter
1932 ◽  
Vol 26 (3) ◽  
pp. 482-485 ◽  
Author(s):  
Norman J. Padelford

The Conference held its ninth annual meeting in Washington on October 1-3, 1931. Authorized by the Judiciary Act of September 14, 1922, the conference of the senior circuit judges with the Chief Justice of the Supreme Court and the Attorney-General has become an established part of the judicial system of the United States. The reports of these conferences are to be found in the annual reports of the Attorney-General, beginning in 1924. The 1922 and 1923 reports may best be found in the Texas Law Review, Vol. II, pages 445 and 448, and in the Journal of the American Judicature Society, Vol. VIII, pages 85 and 92. In view of the general inaccessibility of the reports of the Attorney-General to the legal profession, it has been suggested that they be published in the Supreme Court Reports. The suggestion has not as yet, however, been adopted.


1931 ◽  
Vol 25 (1) ◽  
pp. 83-96
Author(s):  
A. H. Feller

To the ever-increasing confusion of doctrine which makes up the law of sovereign immunity, the courts of the United States have added procedural complications which, though not as weighty, are nevertheless as puzzling as any of the substantive rules. Of recent years the United States Supreme Court and the lower Federal courts have often had occasion to consider the method whereby the question of immunity was raised. The result has been the evolution of a set of rules so vaguely defined in the decisions as to offer little guidance to the bench and bar, and withal of interest to the scholar who finds that these rules exist in no other judicial system.


2018 ◽  
Vol 5 (2) ◽  
pp. 391-404
Author(s):  
Theresa M. Beiner

In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on a particular reason for the courts’ frequent dismissal of these claims. Instead, the book seeks to expose how these seemingly erroneous dismissals occur and suggest avenues for reforming these legal standards. This Review begins by describing the book’s main arguments. Throughout this description, the Review supports and at times challenges some of the authors’ positions. In particular, this Review examines arguments regarding the role politics play in the courts’ decisionmaking in employment discrimination cases. It also explores the ironic result that the courts’ approaches to these cases actually may lead to more discrimination in the workplace and therefore more cases. Finally, this Review describes the authors’ suggestions for reform and proposes that changes in this area of the law are best accomplished by the entities that created the problems—the courts.


1915 ◽  
Vol 9 (3) ◽  
pp. 519-528 ◽  
Author(s):  
William S. Carpenter

The intent of the framers of the judiciary act of 1801 has been to the present day a matter of some doubt. On the one hand it has been shown that alterations in the judiciary system of the United States had long been agitated before the failure of the Federalist party in the elections of 1800. Soon after the establishment of federal courts in 1789 relief had been sought by the justices of the supreme court from the arduous duties necessitated in riding the circuits. In 1799 a bill designed to establish a system of circuit courts was reported upon which action was postponed. But this later became the basis for the act of 1801. It has, therefore, been contended that, quite apart from the political advantage given the Federalists by the passage of the act of 1801, such changes in the judiciary system were warranted by necessity.At the same time it is equally clear that the amount of business before the courts of the United States, although it had been excessive, had begun to decline. No further prosecutions were to be expected under the alien and sedition acts, and a decrease in the number of suits before the federal courts involving other questions was observed even before the accession of Jefferson to the presidency.


1927 ◽  
Vol 21 (1) ◽  
pp. 40-52 ◽  
Author(s):  
Henry B. Hazard

The Supreme Court of the United States, by Mr. Justice Brandeis, recently handed down its decision in Tutun v. United States, and Neuberger v. United States. This is the latest of the important Supreme Court cases determining the law of naturalization, of citizenship, and of expatriation. During the past fifteen years they have comprised Johannessen v. United States, Mansour v. United States, Luria v. United States, Maibaum v. United States, Mackenzie v. Hare, United States v. Ginsberg, United States v. Ness, United States v. Morena, Ozawa v. United States, Yamashita v. Hinkle, United States v. Thind, Kaplan v. Tod, and Toyota v. United States.


1925 ◽  
Vol 38 (8) ◽  
pp. 1005 ◽  
Author(s):  
Felix Frankfurter ◽  
James M. Landis

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