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Clewett, Laurie.
"Federalism in Flux."
State Government News: 6 (October 2003).
This article addresses the 1990s boom of state empowerment and the general decline in emphasis on state influence with regards to the federal government since 2003.
Scalia, John.
Prisoner Petitions in the Federal Courts, 1980-96.
Washington, DC: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics (1997).
This report tracks prisoner petitions in the federal courts between 1980 and 1996. The findings indicate that there has been an increase proportion of prisoner petitions terminated in U.S. district courts then appealed in the U.S. courts of appeal, an overall increase in prisoner litigation in both U.S. district and appeal courts, as well as a decline in the rate at which both federal and state inmates filed petitions.
Federal Statutory Preemption of State and Local Authority: History, Inventory, and Issues.
Washington, DC: U.S. Advisory Commission on Intergovernmental Relations (1992).
This work provides information regarding federal preemption of state and/or local authority by acts of Congress and by judicial and administrative interpretations of federal statues. It provides ways in which to interpret federal preemption powers and recommendations to local and state authorities for combating intrusive measures.
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Hammel, Andrew.
"Diabolical Federalism: A Functional Critique and Proposed Reconstruction of Death Penalty Federal Habeas."
American Criminal Law Review 39, no. 1: 1 (Winter 2002).
This article provides background information regarding the development of the exhaustion requirement and procedural default in the changing context of state post-conviction review. The consequences of the new procedural regimes are discussed, and finally provides examples of other habeas corpus reform proposals that develop a critique of post-conviction review of death penalty cases. (KF9202 .A45)
Oakley, John B., rep.
Proceedings of the Second Western Regional Conference on State-Federal Judicial Relationships.
Tucson, AZ (October 2000).
This conference brought together judges on the state and federal level from nine western states to discuss gaps in the judicial process between state and federal courts. The theme "Sharing Ideas and Building Communications" reflected the committee's focus on improving state-federal judicial relationships. This report summarizes the proceedings of the conference, including all remarks, sub-committee notes, and plans for the future of state-federal judicial relations. (KF8735 .A75 W85 2000)
Esterling, Kevin M.
Judicial Independence, Public Confidence in Courts, and State-Federal Cooperation in the Midwest: A Research Report on the Midwest Regional Conference on State-Federal Judicial Relationships with Survey Findings and Recommendations.
Chicago: American Judicature Society (1998).
This report provides a general discussion from the information gathered from small group discussions, conference materials, and responses to a survey that Midwest Judges AJS conducted prior to the conference. The themes of the conference included, judicial independence, cooperation between state and federal courts, and improving the public's view of the courts. (KF8719 .E87 1998)
Proceedings of the Middle Atlantic State-Federal Judicial Relationships Conference.
St. Paul, MN: West Publishing Company (November 1995).
This conference was held to improve interaction between the state and federal courts in the Middle Atlantic states. It was intended to continue the momentum created by the Orlando Conference and the Western Regional Conference on State-Federal Judicial Relationships. This report details the remarks, committee reports, and proceedings of the Conference. Topics include: administrative and litigation coordination between the states, creating and sustaining successful state-federal judicial councils, state-by-state priorities, and long-range planning suggestions for state-federal judicial councils. (KF8735 .A75 M52 1994)
Flango, Victor Eugene and Maria Schmidt
"Administrative Cooperation Between State and Federal Courts."
The Judges` Journal (Spring 1995).
This article takes a survey of CCJ, COSCA, U.S. Circuit Executives, U.S. District Court Clerks, and Trial Court Administrators. Research indicated that highest coordination occured in scheduling conflicts, attorney bar admission/ discipline, courthouse space and facilities, juror source lists, habeas corpus, facilitating federal review of state court cases, court interpreters, etc. Additionally, certain areas were also investigated that would most benefit from cooperation in the future. (KF200 .A456 V.34 1995)
Schwarzer, William W., and Russell R. Wheeler
On the Federalization of the Administration of Civil and Criminal Justice.
Washington, D.C.: Federal Judicial Center (1994).
This paper is the second step in a series of papers on topics critical to long-range planning in the federal judiciary. This specific paper addresses the role of the federal judiciary independent and related to the state judiciary. The paper sketches the background debate of federalization, considers four key propositions at the center of the debate, and discusses the major issues implicated in the analysis of each proposition. (KF8735 .S39 1994)
Mickens, June Melvin.
Toward a Common Goal: Tribal and State Intergovernmental Agreements for Child Support Cases..
Washington, DC: ABA Center on Children and the Law (1994).
This year-long project began as an investigation into the complications of tribal-state relations. Realizing the importance of the data gathered, the project was expanded to include American children, not just the children of Native Americans. This report includes different agreement provisions to encourage and facilitate more state-tribal partnerships.(KF8210 .C4 M53)
Organizing and Using a Council of State and Federal Judges.
Washington, DC: Federal Judicial Center (1993).
This pamphlet is intended to help judges and administrators organize and maintain councils of state and federal judges. It is intended for use in a metropolitan area where a council has never been, or where a council has become inactive, or where a council is attempting to improve its effectiveness to the courts. (KF8735 .O75 1993)
Oakley, John B. rep.
Proceedings of the Western Regional Conference on State-Federal Judicial Relationships.
Stevenson, WA (1993).
The Western Regional Conference was created to implement the principles and carry forward the momentum of the National Conference on State-Federal Judicial Relationships. The Conference was intended to bridge the gap between the state and federal judiciaries in the ninth circuit. (KF8735 .A75 W85 1993)
Oakley, John Bilyeu, and Mark Mendenhall.
Regional Conference Cookbook: A Practical Guide to Planning and Presenting a Regional Conference on State-Federal Judicial Relationships.
Report developed under a grant from the State Justice Institute (1993).
This "Cookbook" describes and elaborates upon the experiences of the Planning Committee of the Western Regional Conference on State-Federal Judicial Relationships. The goals of this Conference were to establish channels of communication between the judges of each system, as well as improve the understanding within each system of the functions, responsibilities, and challenges of its state or federal counterpart. (KF8735 .A75 O23 1993)
"National Conference on State-Federal Judicial Relationships."
Virginia Law Review 78 (1992).
This issue contains papers and commentary from the National Conference on State-Federal Judicial Relationships, which brought together the chief justices of the states, the United States courts of appeals, state/federal trial judges, and state/federal executive officials, lawyers, and representatives of organizations related to the courts. (KF8735 .A75 N37)
National Conference on State-Federal Judicial Relationships: Proceedings.
Orlando, FL: Zacco and Associates (1992).
This report highlights the proceedings of the National Conference on State-Federal Judicial Relationships in April, 1992. This report provides administrative details of the Conference including attendee list, the results of the evaluations by the attendees and several papers which were not published. The topics discussed during the Conference ranged from media, technology, and the importance of existing committees in state-federal court relationships. (KF8735 .A75 N38)
State-Federal Judicial Council Starter Kit.
Washington, DC: Federal Judicial Center (1992).
This "starter-kit" is intended to assist states which have not formed judicial councils, and also those states where former councils have ceased to exist. The kit provides documents related to the actual organization of a state-federal judicial council as well as samples of charters, agreements, articles and bylaws used by courts to create councils in several states. (KF8735 .S73)
"Challenging the Death Penalty: A Colloquium."
New York University Review of Law & Social Change 18, no. 2 (1991).
This colloquium was created because of the complexity of the issue stemming from a serious of increasingly narrow Supreme Court decisions, the important role the death penalty has plaid in several political campaigns in the 1980s, and the intended significant changes by the both Congress and the Court regarding federal habeas corpus cases. The colloquium addresses a broad range of topics related to death penalty cases, such as executive clemency, constitutionality, and the growing number of habeas corpus claims. (KF9227 .C2 C46)
State and Tribal Court Interaction: Building Cooperation, an Arizona Perspective.
Arizona: Administrative Office of the Courts (1991).
This forty-page report was compiled because of an "increase in civil jurisdictional disputes between states and tribal courts." The study involves "tribal and state court officials, state attorneys general and others in the 32 states with Indian country." According to this study, the increase in disputes has risen because of the Indian Child Welfare Act, family relations, and issues of taxation. (KF8210 .J8 A75)
Kincaid, John, ed.
"American Federalism: The Third Century."
The Annals of the American Academy of Political and Social Science 509, Newberry Park, CA: Sage Publications (1990).
This volume is devoted to the developments in American federalism and intergovernmental relations. The author follows the changes that have occurred in the federal court system since 1970s, by highlighting the fiscal, economic, social, and political indicators that illustrate a growing resurgence of state governments during the past two decades. (H1 .A4 v. 509)
Gold, Steven David.
Reforming State-Local Relations: A Practical Guide.
Denver, CO: National Conference of State Legislatures (1989).
This book analyzes many different aspects of the relationship between state and local governments. Chapter 1 explains why localities and states should review their relationship; chapter 2 addresses the reasons why state-local relations vary from state-to-state. Chapter 3 discusses policy reasons for reforming relations, while chapter 4 addresses how organizations can aid state-local relations. Chapters 5-8 addresses specific issues on how states can improve relations with the localities within their state. (JS348 .G6 1989)
Robinson, Paul H.
An Empirical Study of Federal Habaes Corpus Review of State Court Judgments.
Washington: Federal Justice Research Program, Office of Improvements in the Administration of Justice (1979).
This report seeks to create a body of data regarding the lack of information involving the use of federal writ of habeas corpus by state prisoners to challenge their convictions. This report provides a brief description and preliminary analysis of the data generated by a study created by the United States Department of Justice. The study analyzed petitions that were filed in six district courts and in one appeals court. (KF9011 .R62)
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