Litigating Federalism

Author: Eric N. Waltenburg
Publisher: Greenwood Publishing Group
ISBN: 0313306079
Release Date: 1999-01
Genre: Law

Waltenburg and Swinford argue that the increase in the number of Republican appointees to the U.S. Supreme Court and the increased sophistication of state offices of attorneys general have resulted in an exponential increase in state government presence and success before the Supreme Court as states pursue their policy interests.

Promises on Prior Obligations at Common Law

Author: Kevin M. Teeven
Publisher: Greenwood Publishing Group
ISBN: 0313306524
Release Date: 1998
Genre: Law

An historical analysis of the development and reform of the law of prior obligations as expressed in preexisting duty rule and past consideration rule. Teeven's principal focus is on the judicial rationalization of common law reforms to partially remove the bar to enforcement of promises grounded in the past. This study traces American deviations from English common law doctrine over the past two centuries in developing theories to overcome traditional impediments to recovery presented by the law of prior obligations. It also explores ideas for further reforms found buried in past case law. The growing unease with both the dashing of legitimate consensual expectations and the perceived unfairness to naive, ill-informed, and otherwise disadvantaged parties served as the impetus for liberalization of the exclusive contract bargain test. The resultant reforms adhered to the modern realist emphasis on fairness. The expansion of contractual liability to include promises looking to the past encompasses some of the most important reforms of the consideration contract since its genesis. As a consequence, contractual liability can no longer be defined solely in terms of bargain consideration since contract law now includes a broader range of promissory liability.

Law and the Arts

Author: Hofstra University
Publisher: Greenwood Publishing Group
ISBN: 0313308055
Release Date: 1999
Genre: Art

This interdisciplinary study examines the relationships between law and the humanities. On the one side, chapters focus attention on legal restraints in the media, censorship of the arts, copyright protection on the Internet, and artists' rights in the past and in the present cyberspace era. On the other, the role played by law in literature and the theatre is explored, and one essay examines the architectural design of the U.S. Supreme Court and how its architect fit into political history.

Respecting State Courts

Author: Michael E. Solimine
Publisher: Praeger Pub Text
ISBN: 0313306346
Release Date: 1999-01-01
Genre: Law

Solimine and Walker provide a comprehensive examination of the major issues revolving around judicial federalism. They analyze the major controversies in the American dual system of courts, demonstrate that the systemic diversity is too important to be overshadowed by ideological stereotyping, and call for a dialogue on the values of state law and courts, including a candid recognition of their problems.

Solving the Puzzle of Interest Group Litigation

Author: Andrew Jay Koshner
Publisher: Praeger Pub Text
ISBN: STANFORD:36105023135325
Release Date: 1998-01-01
Genre: Law

Koshner asks why there has been such a huge increase in interest group litigation. In 1953 less than 13 percent of Supreme Court cases drew interest group attention; by 1993 the figure had increased to 92 percent. The author focuses on the changing roles of the Supreme Court, Congress, the executive branch, and the groups themselves, and he examines the shifts in policy and other changes that begin to solve this puzzle.