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Vol 22 No 4 April/May 2017

Book of the Month

Cover of Whistleblowing: Law and Practice

Whistleblowing: Law and Practice

Price: £175.00

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The Immigration Battle in American Courts

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ISBN13: 9781107617933
Published: January 2014
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback
Price: Out of print



This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the US Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called 'the federal courts' or 'the courts', for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.

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Subjects:
Other Jurisdictions , USA
Contents:
1. Introduction
2. How do we know what we know?
3. The rise of two courts with differentiated functions
4. Interstial policy making in the US Courts of Appeals
5. Institutional growth and innovation
6. Continuity amidst change
7. Conclusion
Appendices.