Benched

Author: Jon Ormond Newman
Publisher: William S. Hein & Company Incorporated
ISBN: 9780837740492
Size: 34.47 MB
Format: PDF, Mobi
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Close cases often present a conflict between two or more rules, and many are not at all clear. In forty-five years as a federal judge, I’ve learned that judging is a more complicated and subtle task. "Benched" is about what a judge really does. Unlike Roberts’ “balls and strikes” disclaimer, I try to reckon with the difficulty of deciding close cases—and why the age-old complaint that too many judges "make law instead of just applying it" is a canard. I also seek to dispel the popular misconception that we judges are just voting our personal preferences. "Benched" also outlines nineteen proposals for improvements in the American system of justice. They cover such diverse topics as police misconduct lawsuits, selection of juries, citizen standing to sue government officials, reviving the independent counsel, and death penalty sentencing. Finally, "Benched" is an account of the life I’ve been fortunate to live.--Prologue.

Judging Statutes

Author: Robert A. Katzmann
Publisher: Oxford University Press, USA
ISBN: 0199362130
Size: 45.83 MB
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In the last twenty-five years, there has been a raging debate over how judges should interpret the laws of Congress - called federal statutes. In an ideal world, federal statutes would always be clearly worded and easily-understood by the judges tasked with interpreting them, But many laws are worded ambiguously or even contradictorily, requiring the judge to divine their meaning. Should, for example, the judge understand "convicted in any court" to include any court in the world, or simply any court in the United States? How is the judge to determine the answer? Should she stick only to the text? To what degree, if any, should the judge consult aids beyond the statutes themselves, including legislative materials, when interpreting laws? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Judge Katzmann, both a trained political scientist and a judge, argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He contends that when courts interpret the laws of Congress, they should pay greater attention to how Congress actually functions, how lawmakers signal their meaning in statutes, and what they expect from those interpreting its laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration Judge Katzmann begins his argument with a look at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism-that is, focusing on the purpose of a law-and textualism-that is, focusing on the text of the written law itself. Judge Katzmann draws from his personal experience on the U.S. Court of Appeals in showing how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress.

The Federal Circuit A Judicial Innovation

Author: Steven Flanders
Publisher: Twelve Tables PressLlc
ISBN: 9780974728667
Size: 35.76 MB
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Preservation and dissemination of the history of the Federal Circuit and its predecessor courts, featuring an inside view of the Society records, written histories of major figures of the Court and a tribute to the members and supporters. Chapters include Creating, Launching a New National Court, Patent Reform, Appeals, Agencies and Reviews.

Lines Of Equity

Author: Elliott Visconsi
Publisher: Cornell University Press
ISBN: 0801459613
Size: 37.53 MB
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Confronted by a public that seemed to be sunk in barbarism and violence, English writers including John Milton, John Dryden, and Aphra Behn imagined serious literature as an instrument for change.