Supremo interesse: protagonismo político-regulatório e a evolução institucional do processo de seleção dos ministros do STF

Partindo da constatação de que o Brasil acompanha hoje um fenômeno global de protagonismo das cortes supremas nas sociedades complexas contemporâneas, notadamente na criação de políticas-públicas e regulação, o estudo procura mapear a evolução – e progressiva democratização – de uma estrutura de freios e contrapesos prevista na Constituição da República Federativa do Brasil de 1988 (“Constituição”), qual seja, o processo de seleção dos ministros do Supremo Tribunal Federal. Ao longo do texto é analisada a arquitetura institucional e constitucional do processo de indicação e aprovação de novos ministros, bem como exemplificadas mudanças no perfil dos atores políticos, no plexo de competências das instituições envolvidas e no contexto social, político, econômico e cultural que forçaram a transformação prática do modelo de seleção institucional, sem alteração, no entanto, da formatação originalmente prevista desde o Século XIX. Mapeando a origem e evolução da fórmula constitucional de colaboração entre o Poder Executivo e o Poder Legislativo para a escolha dos membros da cúpula do Poder Judiciário, o estudo identifica a origem do modelo brasileiro na inspiração da experiência norte-americana, descrevendo esta e os paralelos possíveis com aquele. A partir do marco central da Constituição, o trabalho procura demonstrar uma progressiva mobilização de atores políticos e sociais em relação ao processo de escolha, notadamente em relação ao momento em que os indicados para o Supremo Tribunal Federal são sabatinados pela Comissão de Constituição, Justiça e Cidadania do Senado Federal. Finalmente, são analisadas concretamente as sabatinas e algumas das suas principais discussões, buscando extrair lições que sirvam de norte colaborativo para a evolução da forma de seleção dos ministros do Supremo Tribunal Federal, inclusive como instrumento de controle prévio de seus membros, futuros elaboradores de políticas-públicas.

2.4 Judge W. M. Dinwiddie Boone County, Missouri, 13th Circuit Court

Two weeks later, Judge Dinwiddie issued his decision in favor of Canada and the University. Houston was expecting this and appealed to the Missouri Supreme Court.

The Keyes to Reclaiming the Racial History Of the Roberts Court

This article advocates for a fundamental re-understanding about the way that the history of race is understood by the current Supreme Court. Represented by the racial rights opinions of Justice John Roberts that celebrate racial progress, the Supreme Court has equivocated and rendered obsolete the historical experiences of people of color in the United States. This jurisprudence has in turn reified the notion of color-blindness, consigning racial discrimination to a distant and discredited past that has little bearing to how race and inequality is experienced today. The racial history of the Roberts Court is centrally informed by the context and circumstances surrounding Brown v. Board of Education. For the Court, Brown symbolizes all that is wrong with the history of race in the United States - legal segregation, explicit racial discord, and vicious and random acts of violence. Though Roberts Court opinions suggest that some of those vestiges still exits, the bulk of its jurisprudence indicate the opposite. With Brown’s basic factual premises as its point of reference, the Court has consistently argued that the nation has made tremendous strides away from the condition of racial bigotry, intolerance, and inequity. The article accordingly argues that the Roberts Court reliance on Brown to understand racial progress is anachronistic. Especially as the nation’s focus for racial inequality turned national in scope, the same binaries in Brown that had long served to explain the history of race relations in the United States (such as Black-White, North-South, and Urban-Rural) were giving way to massive multicultural demographic and geographic transformations in the United States in the years and decades after World War II. All of the familiar tropes so clear in Brown and its progeny could no longer fully describe the current reality of shifting and transforming patterns of race relations in the United States. In order to reclaim the history of race from the Roberts Court, the article assesses a case that more accurately symbolizes the recent history and current status of race relations today: Keyes v. School District No. 1. This was the first Supreme Court case to confront how the binaries of cases like Brown proved of little probative value in addressing how and in what ways race and racial discrimination was changing in the United States. Thus, understanding Keyesand the history it reflects reveals much about how and in what ways the Roberts Court should rethink its conclusions regarding the history of race relations in the United States for the last 60 years.

Notes of proceedings and cases determined in the high court of errors and appeals, the court of chancery, and the orphans court of the state of Delaware, 1792-1832

Contains summaries of cases heard by the Delaware Supreme Court and the Delaware Appeals Court in the counties of Sussex, Kent, and Newcastle covering a variety of legal topics. Supposedly based on Wilson's Red Book.

The importance of International Developments in the case-law of the European Court of Justice: Kadi and the autonomy of the EC legal order. Research Papers in Law, 1/2009

From the Introduction. In the USA, the debate is still ongoing as to whether and to what extent the Supreme Court could or should refer to foreign precedent, in particular in relation to constitutional matters such as the death penalty.1 In the EU, in particular the recent Kadi case of 20082 has triggered much controversy,3 thereby highlighting the opposite angle to a similar discussion. The focus of attention in Europe is namely to what extent the European Court of Justice (hereafter “ECJ”) could lawfully and rightfully refuse to plainly ‘surrender’ or to subordinate the EC legal system to UN law and obligations when dealing with human rights issues. This question becomes all the more pertinent in view of the fact that in the past the ECJ has been rather receptive and constructive in forging interconnectivity between the EC legal order and international law developments. A bench mark in that respect was undoubtedly the Racke case of 1998,4 where the ECJ spelled out the necessity for the EC to respect international law with direct reference to a ruling of the International Court of Justice. This judgment which was rendered 10 years earlier than Kadi equally concerned EC/EU economic sanctions taken in implementation of UN Security Council Resolutions. A major question is therefore whether it is at all possible, and if so to determine how, to reconcile those apparently conflicting judgments.

Rules of court, 1905-1916 : made under the China orders in Council, 1904-1915, the foreign jurisdiction (admiralty) order in Council, 1910, and the China (companies) order in Council, 1915 /

At head of title: British jurisdiction in China.

The celebrated trial, Madeline Pollard vs. Breckinridge, the most noted breach of promise suit in the history of court records.

Trial of William Campbell Preston who was being sued by Miss Madeline Pollard for $50,000 in a breach of promise suit. Accused of promising to marry Miss Pollard and fathering a child and then failing to fulfill his promise. He was found guilty.

The Ontario law reports : cases determined in the Court of Appeal and in the High Court of Justice for Ontario.

Mode of access: Internet.

Cases decided in the Court of Claims of the United States at the ... with the rules of practice and the acts of Congress relating to the court /

Reporters: C.C. Mott and Archibald Hopkins, v. 8-48; William W. Scott, v. 49-50; Samuel A. Putnam, v. 51-53; Seth Shepard, v. 54-55; Harry N. Stull, v. 56-59; Ewart W. Hobbs, v. 61-74; Charles F. Kincheloe, v. 76-84; Charles F. Kincheloe and Harry N. Stull, v. 85; James A. Hoyt, v. 86-112.

Decisions of the Superior and Supreme Courts of New Hampshire.

"With extracts from Judge Smith's manuscript treatise on probate law, and from his other legal manuscripts."

On appeal from the Circuit Court of the United States for the County of Washington, D.C.

At head of title: Supreme Court of the United States, No. 77.

Reports of cases argued and determined in the Court of Appeals of Virginia /

Includes indexes.

A digested index to the Virginia reports, containing all the points argued and determined in the Court of appeals of Virginia, from Washington to [third Leigh] ... inclusive [1790-1832] with a table of the names of the cases reported.

Mode of access: Internet.

Report of cases argued and determined in the Court of Appeals of Virginia. [1790-1796]

Dedication "To Edmund Pendleton, esquire, president of the Court of appeals ...": v.1, p. [iii]

Reports of cases decided in the Court of Appeals of Virginia from April 10th 1820, to June 28th 1821 /

Includes index.