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Jurisdiction Stripping
In United States law, jurisdiction-stripping (also called court-stripping or curtailment-of-jurisdiction), is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal and state courts. Basis Congress may define the jurisdiction of the judiciary through the simultaneous use of two powers.Bauman, Richard and Kahana, Tsvi. ''The Least Examined Branch: the Role of Legislatures in the Constitutional State'', p442(2006). First, Congress holds the power to create (and, implicitly, to define the jurisdiction of) federal courts inferior to the Supreme Court (i.e. Courts of Appeals, District Courts, and various other Article I and Article III tribunals). This court-creating power is granted both in the congressional powers clause ( Art. I, § 8, Cl. 9) and in the judicial vesting clause ( Art. III, § 1). Second, Congress has the power to make exceptions to and regulations of the appellate jurisdictio ...
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United States Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the ...
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Hamdan V
Hamdan ( ar, حمدان ') is a name of Arab origin of aristocratic descent and many political ties within the middle east and the Arab World, controlling import/export mandates over port authorities. Among people named Hamdan include: Given name * Hamdan bin Mohammed Al Maktoum, hereditary Prince of Dubai * Hamdan Mohamad, Malaysian businessman * Hamdan Odha Al-Bishi, Saudi Arabian sprinter Middle name * Anwar Hamdan Muhammed Al-Noor, former Guantanamo detainee Surname * Abdullah bin Suleiman Al Hamdan (1887–1965), Saudi Arabian politician and businessman * Gamal Hamdan (1928-1993), Egyptian geographer, author, university professor * Ghassan Hamdan, Iraqi scholar, poet and translator * Gibran Hamdan (born 1981), American NFL and NFL Europe quarterback * Hasan Hamdan, Lebanese actor and voice actor * Jamal al-Din Hamdan, 19th century Lebanese Druze Sheikh * Jamal Hamdan (actor) (born 1958), Lebanese actor and voice actor * Mais Hamdan (born 1982), Jordanian actress, ...
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Gary Lawson (lawyer)
Gary S. Lawson is an American lawyer whose focus is in administrative law, constitutional law, legal history, and jurisprudence. He was a law clerk for Judge Antonin Scalia of the United States Court of Appeals for the District of Columbia from 1985–86 and clerked for Scalia again during his 1986-87 term on the United States Supreme Court. He is currently the Philip S. Beck Professor of Law at Boston University School of Law. He previously taught at the Northwestern University Pritzker School of Law. He is the secretary of the board of directors of the Federalist Society. With Steven G. Calabresi, he has argued that the Mueller Probe was "unlawful." Lawson has been cited a number of times in majority opinions, concurrences and dissents written by the United States Supreme Court. Contributions to legal theory Lawson is a notable scholar of and proponent for the constitutional doctrine of Originalism In the context of United States law, originalism is a theory of co ...
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Steven Calabresi
Steven Gow Calabresi (born 1958) is an American legal scholar and the Clayton J. and Henry R. Barber Professor of Law at Northwestern University Pritzker School of Law. He is the co-chairman of the Federalist Society. He is the nephew of Guido Calabresi, a U.S. Appellate judge and former dean of the Yale Law School. Biography Calabresi graduated from the Moses Brown School in Providence, Rhode Island, in 1976. He then attended Yale College, graduating ''cum laude'' in 1980. He received his J.D. degree from Yale Law School, where he was the Note & Topics Editor of the ''Yale Law Journal''. After law school, he served as law clerk for Judge Ralph K. Winter of the U.S. Court of Appeals for the Second Circuit, Judge Robert H. Bork of the U.S. Court of Appeals for the District of Columbia Circuit, and Justice Antonin Scalia of the United States Supreme Court. While at Yale Law School, Calabresi and two Yale College friends, Lee Liberman Otis and David McIntosh, founded the Yale ...
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Henry M
Henry may refer to: People *Henry (given name) * Henry (surname) * Henry Lau, Canadian singer and musician who performs under the mononym Henry Royalty * Portuguese royalty ** King-Cardinal Henry, King of Portugal ** Henry, Count of Portugal, Henry of Burgundy, Count of Portugal (father of Portugal's first king) ** Prince Henry the Navigator, Infante of Portugal ** Infante Henrique, Duke of Coimbra (born 1949), the sixth in line to Portuguese throne * King of Germany ** Henry the Fowler (876–936), first king of Germany * King of Scots (in name, at least) ** Henry Stuart, Lord Darnley (1545/6–1567), consort of Mary, queen of Scots ** Henry Benedict Stuart, the 'Cardinal Duke of York', brother of Bonnie Prince Charlie, who was hailed by Jacobites as Henry IX * Four kings of Castile: ** Henry I of Castile ** Henry II of Castile **Henry III of Castile **Henry IV of Castile * Five kings of France, spelt ''Henri'' in Modern French since the Renaissance to italianize the nam ...
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Akhil Amar
Akhil Reed Amar (born September 6, 1958) is an American legal scholar known for his expertise in constitutional law and criminal procedure. He holds the position of Sterling Professor of Law and Political Science at Yale University, and is an adjunct professor of law at Columbia University. A ''Legal Affairs'' poll placed Amar among the top 20 contemporary American legal thinkers. Early life and education Amar was born in Ann Arbor, Michigan, where his parents were medical students from India studying at the University of Michigan. His parents later became U.S. citizens. He has two brothers, one of whom, Vikram Amar, also became a law professor and serves as dean of the University of Illinois College of Law. Amar graduated from Las Lomas High School in Walnut Creek, California, in 1976. Amar attended Yale University, where he double majored in history and economics. He was a member of the Yale Debate Association and won its Thacher Memorial Prize, and won the Louis Laun Award ...
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Martin V
Pope Martin V ( la, Martinus V; it, Martino V; January/February 1369 – 20 February 1431), born Otto (or Oddone) Colonna, was the head of the Catholic Church and ruler of the Papal States from 11 November 1417 to his death in February 1431. His election effectively ended the Western Schism of 1378–1417. He is the last pope to date to take on the pontifical name "Martin". Biography Oddone Colonna was born at Genazzano, the son of Agapito Colonna and Caterina Conti, between 26 January and 20 February, 1369. He belonged to one of the oldest and most distinguished families of Rome. His brother Giordano became Prince of Salerno and Duke of Venosa, while his sister Paola was Lady of Piombino between 1441 and 1445. Oddone studied law at the University of Pavia. He became apostolic protonotary under Pope Urban VI (1378–1389), and was created Cardinal-Deacon of San Giorgio in Velabro by Pope Innocent VII in 1405. In 1409 he took part in the Council of Pisa, and was one of the ...
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Joseph Story
Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and '' United States v. The Amistad'', and especially for his '' Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer presents Story as a "Statesman of the Old Republic" who ...
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Original Jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the S ...
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Removal Jurisdiction
In the United States, removal jurisdiction allows a defendant to move a civil action filed in a state court to the United States district court in the federal judicial district in which the state court is located. A federal statute governs removal. Generally, removal jurisdiction exists only if, at the time plaintiff filed the action in state court, the federal court had a basis for exercising subject-matter jurisdiction over the action, such as diversity of citizenship of the parties or where plaintiff's action involves a claim under federal law. If removal is based solely on diversity of citizenship, removal jurisdiction does not exist if any properly joined and served defendant is a citizen of the state in which the action is pending. Where removal jurisdiction exists, the defendant may remove the action to federal court by filing a notice of removal in the federal district court within 30 days after receiving the complaint. The defendant must file a copy of the notice of r ...
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Federal-question Jurisdiction
In United States law, federal question jurisdiction is a type of subject-matter jurisdiction that gives United States federal courts the power to hear civil cases where the plaintiff alleges a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. The federal question jurisdiction statute is codified at . Statute Overview Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear that it would make the courts too powerful. The Federalists briefly created such jurisdiction in the Judiciary Act of 1801, but it was repealed the following year, and not restored until 1875. Unlike diversity ju ...
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