Martin Redish, The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory
Argument is mainly centered around illegitimate judicial lawmaking with regard to jurisdiction, e.g. abstention, federal common law, etc. That's kind of orthogonal to my issue, of illegitimate grants / exercises of federal judicial power.
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- The Federal Courts in the Political Order
- Jurisdiction and Merits
- Jurisdiction, Merits, and Substantiality
- Is Jurisdiction Jurisdictional?
- Ruhrgas
- Steel Co.
- City of Boerne
- Leroy v. Great Western
- U.S. v. Hudson and Goodwin
- J.I. Case v. Borak
- U.S. v. Standard Oil
- Healy v. Ratta
- Mansfield v. Swan
- Swift v. Tyson
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