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Decision Making in the U S Courts of Appeals

Decision Making in the U S  Courts of Appeals Author Frank B. Cross
ISBN-10 0804757135
Release 2007
Pages 253
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This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.

Diversity Matters

Diversity Matters Author Susan B. Haire
ISBN-10 9780813937199
Release 2015-05-19
Pages 216
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Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts. Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.

Making Law in the United States Courts of Appeals

Making Law in the United States Courts of Appeals Author David E. Klein
ISBN-10 0521891450
Release 2002-08-08
Pages 180
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This book asks how federal court judges decide cases when faced with unsettled issues of law. Specifically, how much and why are their decisions influenced by higher court judges or other judges at the same level as themselves? To answer these questions, the author relies on statistical analyses of decisions and interviews with court of appeals judges. The key findings are that judges give serious attention to the work of colleagues of equal authority, but demonstrate substantial independence from the Supreme Court.

Inside Appellate Courts

Inside Appellate Courts Author Jonathan M. Cohen
ISBN-10 0472024035
Release 2009-12-10
Pages 248
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Inside Appellate Courts is a comprehensive study of how the organization of a court affects the decisions of appellate judges. Drawing on interviews with more than seventy federal appellate judges and law clerks, Jonathan M. Cohen challenges the assumption that increasing caseloads and bureaucratization have impinged on judges' abilities to bestow justice. By viewing the courts of appeals as large-scale organizations, Inside Appellate Courts shows how courts have walked the tightrope between justice and efficiency to increase the number of cases they decide without sacrificing their ability to dispense a high level of justice. Cohen theorizes that, like large corporations, the courts must overcome the critical tension between the autonomy of the judges and their interdependence and coordination. However, unlike corporations, courts lack a central office to coordinate the balance between independence and interdependence. Cohen investigates how courts have dealt with this tension by examining topics such as the role of law clerks, methods of communication between judges, the effect of a court's size and geographic location, the role of argumentation, the use of visiting judges, the significance of the increasing use of unpublished decisions, and the nature and role of court culture. Inside Appellate Courts offers the first comprehensive organizational study of the appellate judicial process. It will be of interest to the social scientist studying organizations, the sociology of law, and comparative dispute resolution and have a wide appeal to the legal audience, especially practicing lawyers, legal scholars, and judges. Jonathan M. Cohen is Attorney at Gilbert, Heintz, and Randolph LLP.

The View from the Bench and Chambers

The View from the Bench and Chambers Author Jennifer Barnes Bowie
ISBN-10 9780813936000
Release 2014-10-30
Pages 296
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For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.

Final Appeal

Final Appeal Author Ian Greene
ISBN-10 1550285645
Release 1998-01-01
Pages 250
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Tables Acknowledgements Introduction 1. Judicial Discretion and Democracy 2. Personality and the Appellate Judge 3. The Appellate Process 4. The Process of Collegial Decision-making 5. Cour d'Appel du Quebec 6. The Supreme Court of Canada 7. The Judicial Decision: Reasons and Citations 8. The Performance of Canadian Appellate Courts 9. The Courts and Democracy 10. The Human Elements of Judicial Decision-making Appendix Notes References Index

Judging on a Collegial Court

Judging on a Collegial Court Author Virginia A. Hettinger
ISBN-10 0813926971
Release 2007-07
Pages 153
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Dissensus is often viewed in the professional world as a starting point for collaboration; rather than leaving decisions to just one person, dissent offers the opportunity to rethink or reinvent an idea, leading, one hopes, to a better result. When dissensus occurs in a federal court, however, it raises the question of whether this difference of opinion maintains the integrity of the judiciary or undermines its legitimacy. In Judging on a Collegial Court: Influences on Federal Appellate Decision Making, Virginia Hettinger, Stefanie Lindquist, and Wendy Martinek examine the dynamic that gives rise to such dissensus in federal appeals courts, revealing how the appellate process shapes the content and the consistency of the law. The authors examine horizontal dissensus in the minority of cases in which there are dissenting or concurring—as opposed to unanimous—opinions. Primarily investigating why judges on the appeals courts agree or disagree with one another regarding the outcomes of the cases before them, the authors also examine vertical dissensus and ask why judges affirm or reverse lower court judges whose cases are decided on appeal. Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.

The Behavior of Federal Judges

The Behavior of Federal Judges Author Lee Epstein
ISBN-10 9780674070684
Release 2013-01-07
Pages 440
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Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.

Decisions on the U S Courts of Appeals

Decisions on the U S  Courts of Appeals Author Ashlyn Kuersten
ISBN-10 9781135700775
Release 2014-02-04
Pages 350
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This book provides institutional information as well as practical usage information on the U.S. Courts of Appeals. In addition, it includes important statistical information for researchers and students interested in a variety of topics less directly related to the judiciary.

Continuity and Change on the United States Courts of Appeals

Continuity and Change on the United States Courts of Appeals Author Donald R. Songer
ISBN-10 0472111582
Release 2000
Pages 179
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The first comprehensive examination of the shifting role of the Courts of Appeals

Courts of Appeals in the Federal Judicial System

Courts of Appeals in the Federal Judicial System Author J. Woodford Howard Jr.
ISBN-10 9781400855452
Release 2014-07-14
Pages 446
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Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges in making law and policy; and third, how can quality judicial decisions be maintained under heavy-volume pressure. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Borrowed Judges

Borrowed Judges Author Stephen L. Wasby
ISBN-10 9781610273886
Release 2018-04-12
Pages 314
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Borrowed Judges has been writing in one form or another for most of life. You can find so many inspiration from Borrowed Judges also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Borrowed Judges book for free.

Deciding to Decide

Deciding to Decide Author H. W. Perry
ISBN-10 0674042069
Release 2009-06-01
Pages 326
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Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

Are Judges Political

Are Judges Political Author Cass R. Sunstein
ISBN-10 0815782357
Release 2007-02-01
Pages 177
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Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.

Federal Courts Standards of Review

Federal Courts Standards of Review Author Harry T. Edwards
ISBN-10 STANFORD:36105063708361
Release 2007
Pages 223
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This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.

Federal Standards of Review

Federal Standards of Review Author Harry T. Edwards
ISBN-10 1539229688
Release 2018
Pages 325
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Federal Standards of Review has been writing in one form or another for most of life. You can find so many inspiration from Federal Standards of Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Federal Standards of Review book for free.

An Introduction to Supreme Court Decision Making

An Introduction to Supreme Court Decision Making Author Harold J. Spaeth
ISBN-10 UOM:39015001892986
Release 1972
Pages 87
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An Introduction to Supreme Court Decision Making has been writing in one form or another for most of life. You can find so many inspiration from An Introduction to Supreme Court Decision Making also informative, and entertaining. Click DOWNLOAD or Read Online button to get full An Introduction to Supreme Court Decision Making book for free.