Nullification of State Court Judgments under the Civil Rights Act: Federal Jurisdiction. Civil Rights. Review of State Court Decisions

1963 ◽  
Vol 15 (3) ◽  
pp. 555
2017 ◽  
Author(s):  
Kevin C. Walsh

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.


2021 ◽  
Author(s):  
Jack Thompson

Do United States Supreme Court decisions on LGBT rights shape attitudes towards LGBT individuals among the mass public? In this paper, I conduct an empirical test of the effect of quasi-random exposure to the announcment of \textit{Bostock v. Clayton County} - a landmark case which held that that an employer who fires their employee because of their sexual orientation or gender identity violates Section VII of the 1964 Civil Rights Act - on favorability towards LGBT individuals. Relying on data from Phase 2 of the Democracy Fund/UCLA Nationscape survey, I find that quasi-random exposure to the announcement of \textit{Bostock} engendered increases in favorability towards LGBT individuals among the wider American public. Subgroup analyses also indicate that the largest increases in favorability were among Democratic partisans and the religiously unaffiliated, while minimal changes in favorability were detected among those who are among the most likely to oppose LGBT rights, including Republicans and Evangelical Protestants. The findings speak to the validity of the legitimacy model and highlight the limitations of the backlash model in the post-\textit{Obergefell} era of public opinion towards LGBT rights.


1991 ◽  
Vol 22 (4) ◽  
pp. 36-43
Author(s):  
T.F. Riggar ◽  
Dennis Maki ◽  
Carl Flowers

Provides a synopsis of the findings and purposes of the new Civil Rights Act of 1991. The intent of the Act and an analysis of the seven Supreme Court decisions which the new law overrules are provided. Relevant civil rights laws, rules, and regulations are outlined.


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