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3 results

  • 16 - Factbound and Splitless: The Certiorari Process As Barrier to Justice for Indian Tribes

  • from Part IV - (Mis)Understandings
  • Edited by Grant Christensen, University of North Dakota, Melissa L. Tatum, University of Arizona
  • Book:
    Reading American Indian Law
    Published online:
    11 December 2019
    Print publication:
    12 December 2019, pp 381-402

  • Summary

    Factbound and Splitless: recognizes the US Supreme Court’s preeminent role in announcing federal common law that governs the relationship between tribes, states, and the federal government. However, because the Supreme Court only hears cases that can earn four votes for certiorari, the direction of federal Indian law is controlled as much by the choice to hear a case as by the ultimate decision that is issued. Fletcher examines the Supreme Court’s behavior in Indian law cases at the certiorari stage in order to explain how modern Court behavior is changing the landscape of Indian law without even deciding some of the most important legal issues.

  • 20 - Remedies in Judicial Review

  • from Part IV - Judicial Remedies, Non-Judicial Remedies and Subsidiary Legislation
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 275-303

  • Summary

    This chapter gives a detailed discussion of the remedies that are available on an application for judicial review. It discusses the main procedural rules on remedies, before introducing the remedies of certiorari, prohibition, mandamus, declaration (including suspension of a declaration and orders of temporary validity), injunction (including interim injunction), and damages, restitution and recovery of a sum due. It discusses the discretionary nature of remedies, including their relationship with statutory appeals mechanisms, prematurity of application, delay, waiver, acquiescence, the undeserving applicant, futility, no prejudice and inevitability. The chapter concludes with a discussion of judicial review proceedings continued as though begun by writ.