Authors | Felix Frankfurter & James M. Landis |
---|---|
Country | United States |
Language | English |
Subject | Law |
Genre | Non-fiction |
Publisher | Routledge |
Publication date | October 15, 2006 |
Media type | |
ISBN | 978-1412806121 |
The Business of the Supreme Court: A Study in the Federal Judicial System (1928) is a book written by Felix Frankfurter (future U.S. Supreme Court justice) and his former student James McCauley Landis.
The book was a collection of the following articles from the Harvard Law Review :
In United States constitutional law, the political questiondoctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily refuse to address such matters. The idea of a political question is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has the authority to hear and decide a legal question, not a political one. Legal questions are deemed to be justiciable, while political questions are nonjusticiable. One scholar explained:
The political question doctrine holds that some questions, in their nature, are fundamentally political, and not legal, and if a question is fundamentally political ... then the court will refuse to hear that case. It will claim that it doesn't have jurisdiction. And it will leave that question to some other aspect of the political process to settle out.
James McCauley Landis was an American government official and legal adviser. He served as Chairman of the Securities and Exchange Commission from 1935 to 1937.
Felix Frankfurter was an Austrian-born American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which he was an advocate of judicial restraint.
Benjamin Nathan Cardozo was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his death in 1938. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style.
James Harvie Wilkinson III is an American jurist who serves as a United States circuit judge on the United States Court of Appeals for the Fourth Circuit. His name has been raised at several junctures in the past as a possible nominee to the United States Supreme Court.
Michael William McConnell is an American jurist who served as a United States circuit judge of the United States Court of Appeals for the Tenth Circuit from 2002 to 2009. Since 2009, McConnell has been a professor and Director of the Stanford Constitutional Law Center at Stanford Law School. He is also a senior fellow at Stanford University's Hoover Institution, and Senior Of Counsel to the Litigation Practice Group at Wilson Sonsini Goodrich & Rosati. In May 2020, Facebook appointed him to its content oversight board. In 2020, McConnell published The President Who Would Not Be King: Executive Power under the Constitution under Princeton University Press.
Diane Schwerm Sykes is an American jurist and lawyer who serves as the chief judge of the U.S. Court of Appeals for the Seventh Circuit. She served as a justice of the Wisconsin Supreme Court from 1999 to 2004.
Thomas Eugene Baker is a constitutional law scholar, Professor of Law, and founding member of the Florida International University College of Law. With four decades of teaching experience, Baker has authored eighteen books, including two leading casebooks, has published more than 200 scholarly articles in leading law journals, and has received numerous teaching awards.
George Steven Agee is a United States circuit judge of the United States Court of Appeals for the Fourth Circuit and a former justice of the Supreme Court of Virginia.
In United States federal courts, a circuit split, also known as a split of authority or split in authority, occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case. Some scholars suggest that the Supreme Court is more likely to grant review of a case to resolve a circuit split than for any other reason.
Although he was president for less than three years, John F. Kennedy appointed two men to the Supreme Court of the United States: Byron White and Arthur Goldberg. Given the advanced age of Associate Justice Felix Frankfurter at the time of Kennedy's inauguration, speculation abounded over potential Kennedy nominations to the Supreme Court from the start of his presidency.
Deborah Havis Koss Chasanow is a senior United States district judge of the United States District Court for the District of Maryland.
Harry Thomas Edwards is an American jurist. He served as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 1980 to 2005, taking senior status in 2005, and a professor of law at the New York University School of Law.
Maynard E. Pirsig, LLD, was an American legal scholar. He was a professor, and dean, of the University of Minnesota Law School; a Minnesota Supreme Court justice; director of the Minnesota Legal Aid Society, and an advisor for the Indonesian, Puerto Rican, and El Salvadoran legal systems. He defined Legal Ethics in the 1974 Encyclopedia Britannica. His law books were widely used in schools across the country, including his casebook Judicial Administration--which Pirsig used for the United States' first law reform course, early 1930s. He was mentored by Everett Fraser, Roscoe Pound, and Felix Frankfurter.
Stephanie Dawn Thacker is a United States circuit judge of the United States Court of Appeals for the Fourth Circuit.
Henry Melvin Hart Jr. (1904–1969) was an American legal scholar. He was an influential member of the Harvard Law School faculty from 1932 until his death in 1969.
A certificate of division was a source of appellate jurisdiction from the circuit courts to the Supreme Court of the United States from 1802 to 1911. Created by the Judiciary Act of 1802, the certification procedure was available only where the circuit court sat with a full panel of two: both the resident district judge and the circuit-riding Supreme Court justice. As Chief Justice John Marshall wrote, he did not have "the privilege of dividing the court when alone."
In United States constitutional law, the penumbra includes a group of rights derived, by implication, from other rights explicitly protected in the Bill of Rights. These rights have been identified through a process of "reasoning-by-interpolation", where specific principles are recognized from "general idea[s]" that are explicitly expressed in other constitutional provisions. Although researchers have traced the origin of the term to the nineteenth century, the term first gained significant popular attention in 1965, when Justice William O. Douglas's majority opinion in Griswold v. Connecticut identified a right to privacy in the penumbra of the constitution.
In the law, a close case is generally defined as a ruling that could conceivably be decided in more than one way. Various scholars have attempted to articulate criteria for identifying close cases, and commentators have observed that reliance upon precedent established in close cases leads to the gradual expansion of legal doctrines.