Government Suit for Federal Injunction against State Court Proceedings: Courts. Federal Jurisdiction. Statutory Construction. Injunction

This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. Section 25 has long been thought to be one of the most important provisions of the most important jurisdictional statute enacted by Congress. The Judiciary Act of 1789 gave concrete institutional shape to a federal judiciary only incompletely defined by Article III. And section 25 supplied a key piece of the structural relationship between the previously existing state court systems and the new federal court system that Congress constructed with the Act. It provided for Supreme Court appellate review of certain state court decisions denying the federal-law-based rights of certain litigants.

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Federal Jurisdiction. Action Instituted in a State Court against a Corporation Already in Federal Receivership

Columbia Law Review ◽

10.2307/1115825 ◽

1934 ◽

Vol 34 (6) ◽

pp. 1145

Keyword(s):

State Court ◽

Federal Jurisdiction

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The 2004 Judicial Activity of the International Court of Justice

The American Journal of International Law ◽

10.2307/1562509 ◽

2005 ◽

Vol 99 (2) ◽

pp. 450-459 ◽

Cited By ~ 1

Author(s):

John R. Crook

Keyword(s):

The United States ◽

State Court ◽

Vienna Convention ◽

Advisory Opinion ◽

International Court Of Justice ◽

Court Of Justice ◽

International Court ◽

Court Proceedings ◽

Crown Prince ◽

Palestinian Territory

During 2004 the International Court of Justice decided three important matters. In March the Court found that the United States had violated the Vienna Convention on Consular Relations with respect to a number of Mexican nationals sentenced to death in U.S. state court proceedings. In a much-noted advisory opinion, the Court concluded in July that Israel's construction of a security wall or fence in occupied Palestinian territory violated international law. And in December it found that it did not have jurisdiction over Serbia and Montenegro's claims against eight NATO countries regarding NATO's 1999 bombing campaign aimed at halting the conflict in Kosovo. In other developments, the Court heard and had under deliberation Germany's preliminary objections to Liechtenstein's suit regarding certain property of Crown Prince Adam. Finally, Judge Gilbert Guillaume, a member of the Court since 1987 and its former president, announced that he would resign in February 2005.

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