Judicial Politics in the United States by Mark C. Miller

Author:Mark C. Miller [Miller, Mark C.]
Language: eng
Format: epub
Tags: Political Science, General
ISBN: 9780429973239
Google: ayZhDwAAQBAJ
Goodreads: 20344438
Publisher: Routledge
Published: 2014-08-05T00:00:00+00:00

Sponsoring Cases on Appeal

A second interest group tactic is to sponsor the case on appeal. This often happens in death penalty and other criminal cases.69 It is also done by interest groups without the resources needed to find the proper test cases at trial. A famous example of sponsoring a case on appeal occurred in the early 1900s, when the National Consumers’ League asked litigator Louis Brandeis to handle the appeal of a case involving an Oregon law prohibiting women from working more than ten hours per day. In arguing the appeal in Muller v. Oregon (1908), Brandeis provided the Court with a great deal of social science evidence about the harms that excessive working hours caused for women. Thus was born the famous Brandeis Brief, the first legal brief to rely more on scientific information and social science than on legal citations. Of course, Brandeis was later appointed to a seat on the U.S. Supreme Court.70

A third approach is for interest groups to intervene in a case, thus becoming a party to the dispute. This is more common in federal court than in state court. For an organized group to intervene in a federal case, it often must show that a federal statute authorizes intervenor status.71 The group must also prove that the original parties to the case will not adequately represent the group’s interests in the dispute. The lower federal courts have a myriad of rules about when an organized group can and cannot intervene in a case.72 Since this approach is highly technical and cannot guarantee that a group will be able to intervene in a specific case, it is rarely used by interest groups.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.