Courts-Martial (Appeals) Act, 1951

The Federal Appeals Courts at Century's End

I wish to thank Peggy Sanner for valuable suggestions, Eleanor Davison for processing this piece, and Jim Rogers for generous continuing support. Errors that remain are mine.

Divisional Arrangement for the Federal Appeals Courts

Parliament and the Courts in Independent India: The Constitution (First Amendment) Act, 1951

In May 1951 Jawaharlal Nehru introduced before Parliament a Bill to amend the Indian Constitution, some fifteen months after it had come into force. Some of these amendments concerned important “fundamental rights”: the right to freedom of speech (Art. 19(1)(a)); rights against the compulsory acquisition of property (Art. 31); and rights against nondiscrimination (Art. 15(1)). Each of these ame...

Courts-martial Jurisdiction and Civilian Dependents: Constitutional Restrictions

Protean Statutory Interpretation in the Courts of Appeals

This Article is the first in-depth empirical and doctrinal analysis of differences in statutory interpretation between the courts of appeals and the Supreme Court. It is also among the first to anticipate how the Supreme Court’s interpretive approach may shift with the passing of Justice Scalia. We begin by identifying factors that may contribute to interpretive divergence between the two judic...