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Interstate Disputes The Supreme Court s Original Jurisdiction 1st Edition by Joseph F Zimmerman ISBN 0791468348 9780791468340

  • SKU: BELL-2174064
Interstate Disputes The Supreme Court s Original Jurisdiction 1st Edition by Joseph F Zimmerman ISBN 0791468348 9780791468340
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Interstate Disputes The Supreme Court s Original Jurisdiction 1st Edition by Joseph F Zimmerman ISBN 0791468348 9780791468340 instant download after payment.

Publisher: State University of New York Press
File Extension: PDF
File size: 1.18 MB
Pages: 246
Author: Joseph F. Zimmerman
ISBN: 0791468348
Language: English
Year: 2007

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Interstate Disputes The Supreme Court s Original Jurisdiction 1st Edition by Joseph F Zimmerman ISBN 0791468348 9780791468340 by Joseph F. Zimmerman 0791468348 instant download after payment.

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ISBN 10: 0791468348 
ISBN 13: 9780791468340
Author: Joseph F Zimmerman

With respect to "controversies between two or more states," the U.S. Constitution grants original jurisdiction to the U.S. Supreme Court, and in 1789 Congress made exclusive the Court's jurisdiction over interstate disputes. In this book, Joseph F. Zimmerman examines the role of the Supreme Court in settling disputes between states, the criteria developed by the Court to determine whether its original jurisdiction should be invoked, and the function of special masters, who, as adjuncts to the Court, facilitate negotiated settlements or provide the factual information needed by the Court to render sound decisions. Zimmerman analyzes a wide range of specific disputes, from boundary lines to financial matters to water allocation, diversion, and pollution. To alleviate the Court's exceptionally heavy and critically important appellate workload, the author proposes alternative mechanisms for resolving controversies between sister states, including interstate boundary compacts, interstate regulatory compacts, and several congressional initiatives.

Interstate Disputes The Supreme Court s Original Jurisdiction 1st Table of contents:

Part I: Foundational Principles and Historical Development

Chapter 1: The Constitutional Framework
1.1 Textual Analysis of Article III, Section 2
1.2 The Federalist Papers and the Intent of the Framers
1.3 The Judiciary Act of 1789 and Early Statutory Interpretations
1.4 The Concept of "Justiciability" in Interstate Disputes

Chapter 2: Historical Evolution of the Doctrine
2.1 Early Cases: Resolving Boundary Disputes (e.g., New Jersey v. New York, Rhode Island v. Massachusetts)
2.2 The Shift to Water Rights and Environmental Disputes (Kansas v. Colorado)
2.3 The "Equitable Apportionment" Doctrine
2.4 The Modern Era: Expanding the Scope of Disputes

Chapter 3: The Supreme Court as a Trial Court
3.1 The Role of the Special Master
3.2 Rules of Procedure and Evidence in Original Jurisdiction Cases
3.3 The Trial-like Process: Discovery, Hearings, and Briefs
3.4 Challenges and Criticisms of the Court's Trial Function

Part II: Substantive Areas of Interstate Disputes

Chapter 4: Boundary Disputes
4.1 The Law of State Boundaries
4.2 Use of Surveys, Maps, and Historical Records as Evidence
4.3 Judicial Deference to Congressional Acts and Interstate Compacts
4.4 Notable Cases: From Land to Water Boundaries

Chapter 5: Water Rights and Riparian Law
5.1 The Doctrine of Equitable Apportionment
5.2 Interstate Rivers, Lakes, and Aquifers
5.3 Allocation of Water Resources for Consumption and Use
5.4 Case Studies: The Colorado River, the Rio Grande, and the Apalachicola River

Chapter 6: Environmental and Resource Disputes
6.1 Pollution and Nuisance Claims
6.2 Interstate Torts and Environmental Harms
6.3 Conservation and Management of Shared Natural Resources
6.4 The Intersection with Federal Environmental Statutes (e.g., Clean Water Act)

Chapter 7: Commercial and Economic Disputes
7.1 Taxation and Regulatory Conflicts between States
7.2 Enforcement of Contracts and Debts between States
7.3 Disputes over the Interstate Transportation of Goods and Services
7.4 The Dormant Commerce Clause and its Relationship to Original Jurisdiction

Part III: Procedural Aspects and Contemporary Challenges

Chapter 8: Jurisdiction and Standing
8.1 Defining "State" for Jurisdictional Purposes
8.2 When Can a State Sue? The Requirement of a "Justiciable Controversy"
8.3 The "Parens Patriae" Doctrine
8.4 Joinder of Parties and the Role of the United States as an Intervenor

Chapter 9: Remedies and Enforcement
9.1 Types of Remedies: Injunctive Relief, Declaratory Judgments, and Damages
9.2 The Power of the Court to Enforce its Decrees
9.3 The Role of Interstate Compacts as an Alternative to Litigation
9.4 Post-Judgment Motions and Compliance Issues

Chapter 10: Contemporary Challenges and Future Directions
10.1 Climate Change and its Impact on Water and Resource Disputes
10.2 Cyber-Torts and Digital Boundaries
10.3 The Political Dimensions of Interstate Disputes
10.4 Is the Original Jurisdiction Still Necessary? Proposals for Reform

Conclusion: A Unique Forum for a "More Perfect Union"
11.1 Summary of Key Principles and Doctrines
11.2 The Supreme Court as an Arbiter of Federalism
11.3 The Enduring Importance of Original Jurisdiction
11.4 Future Prospects for Interstate Dispute Resolution

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Tags: Joseph F Zimmerman, Interstate, Disputes

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