The Lawyer-Judge Bias in the American Legal System

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Publisher : Cambridge University Press
ISBN 13 : 1139495585
Total Pages : 313 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Lawyer-Judge Bias in the American Legal System by : Benjamin H. Barton

Download or read book The Lawyer-Judge Bias in the American Legal System written by Benjamin H. Barton and published by Cambridge University Press. This book was released on 2010-12-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

Judges Helping Judges

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Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judges Helping Judges by :

Download or read book Judges Helping Judges written by and published by . This book was released on 2010 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Code of Judicial Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318393
Total Pages : 212 pages
Book Rating : 4.3/5 (183 download)

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Book Synopsis Model Code of Judicial Conduct by : American Bar Association

Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Lawyer's Guide to Healing

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Publisher : Hazelden Publishing
ISBN 13 : 9781592853793
Total Pages : 212 pages
Book Rating : 4.8/5 (537 download)

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Book Synopsis A Lawyer's Guide to Healing by : Don Carroll

Download or read book A Lawyer's Guide to Healing written by Don Carroll and published by Hazelden Publishing. This book was released on 2006-09-18 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Lawyers Guide to Healing

A Judge's Advice

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Author :
Publisher :
ISBN 13 : 9781611630527
Total Pages : 0 pages
Book Rating : 4.6/5 (35 download)

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Book Synopsis A Judge's Advice by : Ruggero J. Aldisert

Download or read book A Judge's Advice written by Ruggero J. Aldisert and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has one objective in mind: to enrich the skills of lawyers and law students so that each may bear--to borrow from Izaak Walton's The Compleat Angler--the noble title of "compleat lawyer." The voice belongs to a nonagenarian who has rolled up his sleeves, sat back in his chair and said he is willing to share observations on the law--both its anatomy and philosophical purposes--based on his rather prodigious and extensive experience. The content includes selective reflections from Judge Aldisert's books, lectures and essays over 14 years as a lawyer and 50 years as a judge, teacher and author. Five major law themes have commanded his special interest over the years: the common law tradition, logic and law, the institutional crisis facing appellate courts, quality writing, and the judicial process. Lawyers and law students will be afforded answers to these queries: What is the bedrock of our common law system and how can I use that knowledge to better advocate? What are trial and appellate judges really looking for? How can I create a writing structure that will persuade? What is the logical configuration that is absolutely necessary in any legal argument? What practical challenges do judges face when deciding my case? Howdo I convince a judge to decide my way when no precedent controls and the law is not clear? For a lawyer in the courtroom to become a truly compleat lawyer, he or she must learn "Why am I doing what I do?" And that's what this book is all about. "[N]o other single volume that I am aware of so neatly and clearly explains the American legal system. This book explains stare decisis better than anything else available. Judge Aldisert writes about his particular passion -- the law -- with an enthusiasm that is almost exhausting. Through this book the law student can get a glimpse of just how enormously satisfying the next 60 or 70 years of his or her life can be....This book really should be required reading for all law students, lawyers and others too." -- Paul Lomio, library director and law lecturer at Stanford Law School

Legal Writing

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Publisher : American Bar Association
ISBN 13 : 9781641056595
Total Pages : 0 pages
Book Rating : 4.0/5 (565 download)

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Book Synopsis Legal Writing by : Robert Edwin Bacharach

Download or read book Legal Writing written by Robert Edwin Bacharach and published by American Bar Association. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A magnificent book on writing. Drawing on the lessons from psycholinguistics and rhetoric, Judge Bacharach has written a remarkably practical book on how to write effectively. Judge Bacharach illustrates his points with very specific suggestions and countless examples from briefs from top lawyers and opinions of judges. I learned so much from this wonderful book." -- Erwin Chemerinsky, Dean, Berkeley School of Law

How Judges Judge

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Publisher : Taylor & Francis
ISBN 13 : 0429657498
Total Pages : 361 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis How Judges Judge by : Brian M. Barry

Download or read book How Judges Judge written by Brian M. Barry and published by Taylor & Francis. This book was released on 2020-11-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

Code of Judicial Conduct for United States Judges

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Author :
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Code of Judicial Conduct for United States Judges by : American Bar Association

Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Code of Conduct for United States Judges

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Author :
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Code of Conduct for United States Judges by : Judicial Conference of the United States

Download or read book Code of Conduct for United States Judges written by Judicial Conference of the United States and published by . This book was released on 1993 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Child Safety

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Publisher :
ISBN 13 :
Total Pages : 76 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Child Safety by : Therese Roe Lund

Download or read book Child Safety written by Therese Roe Lund and published by . This book was released on 2009 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

How Judges Think

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Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis How Judges Think by : Richard A. Posner

Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

The Judge's Book

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Publisher :
ISBN 13 :
Total Pages : 304 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Judge's Book by : National Conference of State Trial Judges (U.S.)

Download or read book The Judge's Book written by National Conference of State Trial Judges (U.S.) and published by . This book was released on 1989 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an orientation for the new trial judge which also serves as a reference for the experienced jurist. It offers information on the work and techniques of judges as well as an overview of the profession of judging.

The Fraternity

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Publisher : Paragon House Publishers
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Fraternity by : John Fitzgerald Molloy

Download or read book The Fraternity written by John Fitzgerald Molloy and published by Paragon House Publishers. This book was released on 2004-08-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A former Chief Justice of the Court of Appeals for Arizona discusses his part in what he considers "collusion" as a lawyer, including discussions of cases in which he was professionally involved, and argues that American lawyers and judges have acted jointly to make the legal system progressively require the work of legal professionals, an outcome that has become possible by sanctifying the Constitution in a way that allows them to paint opposition to their decisions as sacreligious.

How Do Judges Decide?

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Publisher : SAGE
ISBN 13 : 9780761987604
Total Pages : 356 pages
Book Rating : 4.9/5 (876 download)

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Book Synopsis How Do Judges Decide? by : Cassia Spohn

Download or read book How Do Judges Decide? written by Cassia Spohn and published by SAGE. This book was released on 2002-01-28 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system.

Making Your Case

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Publisher : West Publishing Company
ISBN 13 : 9780314184719
Total Pages : 0 pages
Book Rating : 4.1/5 (847 download)

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Book Synopsis Making Your Case by : Antonin Scalia

Download or read book Making Your Case written by Antonin Scalia and published by West Publishing Company. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

Bench Book

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Author :
Publisher : Government Printing Office
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Bench Book by : United States. National Labor Relations Board. Division of Judges

Download or read book Bench Book written by United States. National Labor Relations Board. Division of Judges and published by Government Printing Office. This book was released on 2001 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: