Judges On Judging

Author: David M. O'Brien
Publisher: CQ Press
ISBN: 150634030X
Size: 52.32 MB
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Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.

Doing Justice

Author: Robert Satter
Publisher: Simon & Schuster
ISBN:
Size: 16.50 MB
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A Connecticut Superior Court Judge gives the reader a case-by-case inside look at the act of judging--making the decisions that shape the lives of others

The Politics Of Judicial Independence

Author: Bruce Peabody
Publisher: JHU Press
ISBN: 0801897718
Size: 10.48 MB
Format: PDF, ePub, Mobi
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The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.

Supreme Court Decision Making

Author: Cornell W. Clayton
Publisher: University of Chicago Press
ISBN: 9780226109558
Size: 64.90 MB
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What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

Desperately Seeking Certainty

Author: Daniel A. Farber
Publisher: University of Chicago Press
ISBN: 9780226238104
Size: 43.14 MB
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Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.

All Judges Are Political Except When They Are Not

Author: Keith Bybee
Publisher: Stanford University Press
ISBN: 0804775613
Size: 40.45 MB
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We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. Law, like courtesy, furnishes a means of getting along. It frames disputes in collectively acceptable ways, and it is a habitual practice, drummed into the minds of citizens by popular culture and formal institutions. The rule of law, thus, is neither particularly fair nor free of paradoxical tensions, but it endures. Although pervasive public skepticism raises fears of judicial crisis and institutional collapse, such skepticism is also an expression of how our legal system ordinarily functions.

Governing From The Bench

Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 077482350X
Size: 21.85 MB
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"As Canada's final court of appeal, the Supreme Court is a crucial component of the country's legal system. Yet, for much of its almost 140-year history, the highest court in the land dwelled in relative obscurity. More than thirty years since the advent of the Charter of Rights and Freedoms, which transformed the court's function and thrust its work into the national spotlight, many of us are still in the dark about the Supreme Court's role--in part because there has been relatively little empirical investigation into how the institution works. In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution's internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices' behaviour; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians"--Provided by publisher.

May It Please The Court

Author: Brian L. Porto
Publisher: CRC Press
ISBN: 1420067699
Size: 39.70 MB
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Despite their clarity and sophistication, most judicial process texts currently available have two significant limitations. First, they understate the effects of legal factors such as stare decisis on judicial decision-making and second, they fail to convey the human emotions involved in litigation. Reflecting the author’s experience as a political scientist, law student, judicial clerk, practicing attorney, and law professor, May It Please the Court: Judicial Processes and Politics in America, Second Edition redresses this imbalance by giving well-deserved attention to legal influences on judicial decisions and to the human drama of litigation. Each chapter reflects the book’s premise that the judicial process operates at the intersection of law and politics, and this theme guides the discussions. The coverage in the book is far-reaching, exploring numerous topics, including the structure of federal and state courts, the selection and removal of judges, and the legal profession’s history and culture. It discusses two hypothetical cases, outlining their trial and appellate proceedings. It also presents an engaging debate about the legitimacy and the utility of judicial policy making. New to this edition: Expanded appendices, including a discussion of computerized legal research New illustrative cases, documents, and web references All chapters updated to reflect changes since the first publication in 2001 The final chapter summarizes the theme of the book, noting that courts not only enforce norms and resolve disputes, but also, as a coequal branch of government, shape the fundamental power relationships that drive American politics. The chapter ends by observing that the judicial process offers a window on the entire American political system. This book clarifies the view from that window.

Common Law Judging

Author: Douglas E Edlin
Publisher: University of Michigan Press
ISBN: 0472130021
Size: 57.90 MB
Format: PDF, Kindle
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Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity