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Judges on Judging

Judges on Judging Author David M. O'Brien
ISBN-10 9781506340302
Release 2016-06-06
Pages 392
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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.



Fifty eight Lonely Men

Fifty eight Lonely Men Author Jack Walter Peltason
ISBN-10 0252001753
Release 1971-01-01
Pages 288
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Fifty eight Lonely Men has been writing in one form or another for most of life. You can find so many inspiration from Fifty eight Lonely Men also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Fifty eight Lonely Men book for free.



Doing justice

Doing justice Author Robert Satter
ISBN-10 STANFORD:36105044255599
Release 1990-02
Pages 256
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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

The Politics of Judicial Independence Author Bruce Peabody
ISBN-10 9780801897719
Release 2011
Pages 334
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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.



Oral Arguments and Decision Making on the United States Supreme Court

Oral Arguments and Decision Making on the United States Supreme Court Author Timothy R. Johnson
ISBN-10 0791461033
Release 2004-07-15
Pages 180
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How oral arguments influence the decisions of Supreme Court justices.



Supreme Court Decision Making

Supreme Court Decision Making Author Cornell W. Clayton
ISBN-10 0226109550
Release 1999-01
Pages 344
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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

Desperately Seeking Certainty Author Daniel A. Farber
ISBN-10 0226238105
Release 2004-03-01
Pages 219
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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

All Judges Are Political   Except When They Are Not Author Keith Bybee
ISBN-10 9780804775618
Release 2010-08-24
Pages 192
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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

Governing from the Bench Author Emmett Macfarlane
ISBN-10 9780774823500
Release 2013
Pages 241
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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

May It Please the Court Author Brian L. Porto
ISBN-10 9781420067699
Release 2008-10-17
Pages 380
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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

Common Law Judging Author Douglas E Edlin
ISBN-10 9780472122158
Release 2016-08-03
Pages 312
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Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.



Reflections on Judging

Reflections on Judging Author Richard A. Posner
ISBN-10 9780674184657
Release 2013-10-07
Pages 392
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For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.



Eligible for Execution

Eligible for Execution Author Thomas G. Walker
ISBN-10 9781483304533
Release 2008-08-01
Pages 320
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This riveting and enlightening narrative unfolds on the night of August 16, 1996, with the brutal and senseless murder of Eric Nesbitt, a young man stationed at Langley Air Force Base, at the hands of 18-year-old Daryl Atkins. Over the course of more than a decade, Atkins’s case has bounced between the lowest and the highest levels of the judicial system. Found guilty and then sentenced to death in 1998 for Nesbitt’s murder, the Atkins case was then taken up in 2002 by the U.S. Supreme Court. The issue before the justices: given Daryl Atkins’s mental retardation, would his execution constitute cruel and unusual punishment, in violation of the Eighth Amendment? A 6–3 vote said yes. Daryl Atkins’s situation was far from being resolved though. Prosecutors claimed that Atkins failed to meet the statutory definition of mental retardation and reinstituted procedures to carry out his death sentence. Back in circuit court, the jury returned its verdict: Daryl Atkins was not retarded. Atkins’s attorneys promptly filed a notice of appeal, and the case continues today. Drawing on interviews with key participants; direct observation of the hearings; and close examination of court documents, transcripts, and press accounts, Thomas G. Walker provides readers with a rare view of the entire judicial process. Never losing sight of the stakes in a death penalty case, he explains each step in Atkins’s legal journey from the interactions of local law enforcement, to the decision-making process of the state prosecutor, to the Supreme Court’s ruling, and beyond. Walker sheds light on how legal institutions and procedures work in real life—and how they are all interrelated—to help students better understand constitutional issues, the courts, and the criminal justice system. Throughout, Walker also addresses how disability, race, and other key demographic and social issues affect the case and society’s views on the death penalty.



The Judge

The Judge Author Ronald K. L. Collins
ISBN-10 9780190490140
Release 2017
Pages 296
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There is no book of political strategy more canonical than Niccolo Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.



Judges and Judging in the History of the Common Law and Civil Law

Judges and Judging in the History of the Common Law and Civil Law Author Paul Brand
ISBN-10 9781139505574
Release 2012-01-12
Pages
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In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.



Judging Statutes

Judging Statutes Author Robert A. Katzmann
ISBN-10 9780199362134
Release 2014
Pages 171
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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 Supreme Court

The Supreme Court Author Lawrence Baum
ISBN-10 9781483376134
Release 2015-10-05
Pages 264
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The Supreme Court, Twelfth Edition, examines all major aspects of the highest court in the nation, from the selection of justices and agenda creation to the decision-making process and the Court’s impact on government and U.S. society. Delving deeply into personalities and procedures, author Lawrence Baum provides a balanced explanation of the Court’s actions and the behavior of its justices as he reveals its complexity, reach, and influence. This new edition gives particular attention to current developments such as the impact of political polarization on the Court, the justices’ increasingly public roles, and recent rulings on same-sex marriage and health care.