Can proponents of a California citizens initiative defend it in federal court if state officials refuse to do so? This unprecedented question was taken up by the California Supreme Court on Tuesday, pitting an attorney for the Proposition 8 marriage law against an attorney for gay couples who wish to overturn it.
When an unresolved state-law question arises in federal court, the court may certify it to the relevant state court. The practice of certification from one court to another has been widely adopted and has been touted as "help[ing] build a cooperative judicial federalism." This Article proposes that states promote cooperative interbranch federalism by allowing federal agencies to certify unresolved state-law questions to state courts. It draws on Delaware's recent expansion of potential certifying entities to the Securities and Exchange Commission to argue that this innovation should be extended to other states and other federal agencies. Certification from federal agencies to state courts promotes cooperative interbranch federalism by preserving state control over certain primary conduc...
... the convenience of the reader.See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337... represented respondent Minton in a federal patentinfringement suit. The District Court decla... Minton's malpractice claim relied upon a question of federal patent law. Held: Section §1338(a) doe...
Law enforcement's violation of state knock-and-announce law requires suppression of evidence regardless of the abrogation of the exclusionary rule with respect to federal violations, the Florida Supreme Court has ruled in answering a certified question from a state appeals court. Police violated state law when they entered the defendant's motel room after knocking but without announcing that they had a warrant for her arrest.
Each week we invite readers to give us their opinions on a topic in the news, either by signed e-mail or on the anonymous Speakout line. This week's question came in the wake of a U.S. Supreme Court decision that federal anti-drug laws trump state laws that allow growing and using marijuana for medical purposes. The question: If you needed to smoke marijuana for medical purposes, would you risk arrest on federal charges of possession?
... the same time, it is a vital element of federal jurisdiction that "go[es] to the very heart of [th... considerable dispute within and without the Court. . The action of the Supreme Court in accepting j... suits against the States under federal question jurisdiction and did not in any case reach suits ...
§ 17.1 Foundations of . § 17.1.1 The Nature and Basis of . § 17.1.2 During the Original Natural Law Era: 1789-1873. § 17.1.2.1 Marbury v. Madison versus the Tripartite Theory of . § 17.1.2.2 Martin v. Hunter's Lessee and Federal Court Supremacy. § 17.1.3.1 During the Formalist Era: 1873-1937. § 17.1.3.2 During the Holmesian Era: 1937-1954. § 17.1.3.3 During the Instrumentalist Era: 1954-1986. § 17.1.3.4 During the Modern Natural Law Era: 1986-Today. § 17.1.4 Evaluation of . § 17.2 The Jurisdiction of the Federal Courts. § 17.2.1 Federal Jurisdiction: What Article III Provides. § 17.2.2 Types of Cases for Which Federal Jurisdiction Exists. § 17.2.2.1...
... or others have violated the United States Constitution. . With respect to judicial declarati... § 15.4.1 nn.50-59, does not answer the question of whether they endorsed judicial review. As Profe...
... the convenience of the reader.Sex United States x. Detroit Timber & Lumbex Co., 200 U. S. 321, 337... notify Texas that ixs acceptance of federal xxxxx was conditioned on awaiver of sovereign xxxx... axxxx thecourts of appeals on this question.3 560 U. S. ___ (2010). II. "Dual sovereignty is ...
A powerful example of this is the release of publicly available information about Justice Scalia by Fordham law students.15 The new landscape of information accessibility and flow calls into question whether the common good requires new principles, controls, and regulation.16 Most of the debate and writing that addresses the conflict between privacy and public records has centered on the issue of court records17 and the issue of community notification laws for sex offenders, also called Megan's Laws.18 Dan Solove notes that courts can seal court records if the importance of confidentiality in a particular context outweighs the need for public access;19 a trial court can permit a plaintiff to proceed with the use of a pseudonym;20 and courts can permit anonymous juries.21 However, mo...
INTRODUCTION. The United States has a long history of creating "public records" an... Information Act requirements, at both the federal and state levels, further opened access to governm...
... the convenience of the reader.See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337... in this case to decide a questionpresented, but left unresolved, in District Attorney's Offic...§1983, or issuch a claim cognizable in federal court only when asserted in a petition for a writ ...
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