Download e-book for iPad: Interstate Disputes: The Supreme Court's Original by Joseph F. Zimmerman
By Joseph F. Zimmerman
ISBN-10: 079146833X
ISBN-13: 9780791468333
ISBN-10: 1423795326
ISBN-13: 9781423795322
Examines the position of the U.S. splendid court docket in settling disputes among states.
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Extra resources for Interstate Disputes: The Supreme Court's Original Jurisdiction
Example text
Is exclusively our business and, as such, may not be adjudicated in the 40 Interstate Disputes District Court. ”86 White added that a trial in a state court “is no way to treat a sovereign State that wants its dispute with another State settled in this Court. ”88 He also concluded the court’s gatekeeping rules have made its original jurisdiction “almost as discretionary as it certiorari jurisdiction over appellate cases, . ”89 Decree Enforcement A number of types of original case judgments, including ones establishing state boundary lines and domiciles of decedents, are self-executing, but other types of judgments are not self-executing and may raise enforcement problems.
89 Decree Enforcement A number of types of original case judgments, including ones establishing state boundary lines and domiciles of decedents, are self-executing, but other types of judgments are not self-executing and may raise enforcement problems. S. 90 The Supreme Court was wary of its ability to enforce its decrees, as evidenced by its dismissal of Kentucky’s petition for issuance of a writ of mandamus ordering the governor of Ohio to return a fugitive from justice to Kentucky by writing “the federal government .
14 The court specifically denied the City of Philadelphia’s motion to intervene based in part on the ground New York City was a defendant party. The court explained “New York City was not admitted into the litigation as a matter of discretion at her request. ”15 Should an interstate dispute involves a navigable river where the United States has acted to control the waters, a suit may not proceed in the court unless the United States intervenes. The court in Arizona v. California (1936) stressed: “The Colorado River is a navigable stream of the United States.
Interstate Disputes: The Supreme Court's Original Jurisdiction by Joseph F. Zimmerman
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