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Federal Judicature
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Book Synopsis The Behavior of Federal Judges by : Lee Epstein
Download or read book The Behavior of Federal Judges written by Lee Epstein and published by Harvard University Press. This book was released on 2013-01-07 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
Book Synopsis The Federal Judicature: Ch III of the Constitution by :
Download or read book The Federal Judicature: Ch III of the Constitution written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Creating the Federal Judicial System by : Russell R. Wheeler
Download or read book Creating the Federal Judicial System written by Russell R. Wheeler and published by . This book was released on 1989 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton
Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Book Synopsis The Federal Courts by : Richard A. Posner
Download or read book The Federal Courts written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal courts are the world’s most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a “crisis in quantity” is imperiling the ability of the federal judiciary to perform its historic function of administering justice fairly and expeditiously. In a substantially revised edition of his widely acclaimed 1985 book The Federal Courts: Crisis and Reform, Chief Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit provides a comprehensive evaluation of the federal judiciary and a detailed program of judicial reform. Drawing on economic and political theory as well as on legal analysis and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises the concerns that have been expressed with the courts’ performance, and presents a variety of proposals for both short-term and fundamental reform. In contrast to some of the direr prophecies of observers of the federal courts, Posner emphasizes the success of these courts in adapting to steep caseload growth with minimum sacrifice in quality. Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Book Synopsis Journal of the American Judicature Society by :
Download or read book Journal of the American Judicature Society written by and published by . This book was released on 1923 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Federal Judiciary by : Henry Augustus Boardman
Download or read book The Federal Judiciary written by Henry Augustus Boardman and published by . This book was released on 1862 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Federal Judiciary and Institutional Change by : Deborah J. Barrow
Download or read book The Federal Judiciary and Institutional Change written by Deborah J. Barrow and published by University of Michigan Press. This book was released on 1996 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth historical analysis of partisan transformations of the Federal Judiciary
Book Synopsis Judgeship Creation in the Federal Courts by : Carl Baar
Download or read book Judgeship Creation in the Federal Courts written by Carl Baar and published by . This book was released on 1981 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: A report to the Federal Judicial Center.
Book Synopsis Courts of Appeals in the Federal Judicial System by : J. Woodford Howard Jr.
Download or read book Courts of Appeals in the Federal Judicial System written by J. Woodford Howard Jr. and published by Princeton University Press. This book was released on 2014-07-14 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judging Statutes by : Robert A. Katzmann
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? 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, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks 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 (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Book Synopsis The Politics of Federal Judicial Administration by : Peter Graham Fish
Download or read book The Politics of Federal Judicial Administration written by Peter Graham Fish and published by Princeton University Press. This book was released on 2015-03-08 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although administrative policy-making is overshadowed by the drama of judicial decision-making, it is a vital part of the judicial process. Peter Graham Fish examines the structure and legislative history of the various institutions of the federal judicial administration, their development, and their operation. He focuses on the lower courts to show that, although it is delimited by a network of formal institutions, the federal judicial administration is characterized by informality and voluntarism and depends, as he emphasizes, on the roles played by individual judges. As administrators, judges become deeply involved in politics, and Peter Graham Fish concentrates on the politics of the national judicial administration. Within this framework he raises enduring issues: Shall local federal judges be wholly independent or must they conform to uniform standards of law and administration? Shall administration be separate and diffused or united and centralized? Shall politics be superior or subordinate to so-called standards of "'efficiency"? Shall the interests of trial judges prevail over or be subordinate to the regional and national interests of appellate judges? How shall money, manpower, jurisdictional, and structural changes be distributed among the courts? To what extent, if any, should judges modify their behavior or institutions to meet external criticism? Originally published in 1973. 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.
Book Synopsis Federal Judges by : Harold William Chase
Download or read book Federal Judges written by Harold William Chase and published by U of Minnesota Press. This book was released on 1972 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State-federal Judicial Observer by :
Download or read book State-federal Judicial Observer written by and published by . This book was released on 1993-12 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reorganization of the Federal Judiciary by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Reorganization of the Federal Judiciary written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1937 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Process in America by : Robert A. Carp
Download or read book Judicial Process in America written by Robert A. Carp and published by CQ Press. This book was released on 2015-12-30 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: Known for shedding light on the link among the courts, public policy, and the political environment, Judicial Process in America provides a comprehensive overview of the American judiciary. In this Tenth Edition, authors Robert A. Carp, Ronald Stidham, Kenneth L. Manning, and Lisa M. Holmes examine the recent Supreme Court rulings on same-sex marriage and health care subsidies, the effect of three women justices on the Court’s patterns of decision, and the policy-making role of state tribunals. Original data on the decision-making behavior of the Obama trial judges—which are unavailable anywhere else—ensure this text’s position as a standard bearer in the field.
