(DOWNLOAD) "Removing from State Administrative Agencies. (To Federal Courts)" by Notre Dame Law Review * eBook PDF Kindle ePub Free
eBook details
- Title: Removing from State Administrative Agencies. (To Federal Courts)
- Author : Notre Dame Law Review
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 345 KB
Description
INTRODUCTION It is doubtful that appointees to the federal judiciary expect their posts will require them to stand in the shoes of, say, the Mississippi Motor Vehicle Commission, (1) the Illinois Liquor Control Commission, (2) or the Wisconsin Employment Relations Commission? Equating a federal court with a state administrative agency seems strange, at the very least. What business do federal courts have in the dealings of Mississippi car lots, or Illinois beer distributorships? Perhaps justifiably, there is a mental disconnect between our visions of federal courts and state administrative agencies. They do, after all, find themselves separated by both horizontal and vertical institutional barriers. State administrative agencies are insulated vertically from federal courts through our federal system of government. Moreover, state agencies and federal courts are horizontally disconnected through separation of powers--agencies occupy a position in the executive branch while federal courts are positioned in the judiciary.
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