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Judicial Deliberations
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Book Synopsis Judicial Deliberations by : Mitchel de S.-O.-L'E. Lasser
Download or read book Judicial Deliberations written by Mitchel de S.-O.-L'E. Lasser and published by . This book was released on 2009 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach.
Download or read book Judicial Deliberations written by and published by . This book was released on 2004 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author compares how and why the European Court of Justice the French Cour de cassation and the United States Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation and ultimately judicial legitimacy.--Résumé de l'éditeur.
Book Synopsis The Legitimacy of Highest Courts’ Rulings by : Nick Huls
Download or read book The Legitimacy of Highest Courts’ Rulings written by Nick Huls and published by T.M.C. Asser Press. This book was released on 2009-02-12 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (2004), the American-French scholar Mitchel Lasser has, among other things, tried to re-establish the strengths of the French cassation system. Using Lasser's approach and ideas as a starting point for this book, judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing. Specific attention is also given to the Strasbourg Court on Human Rights, that has been so important for the moral legitimacy of the European legal order, and to courts in post-communist systems, which face many similar challenges and are under even greater pressure to modernise. The book is a multidisciplinary contribution to the international debate about the legitimacy of highest courts' rulings, the concept of judicial leadership, and offers a new perspective in the USA-versus-Europe debate.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
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.
Book Synopsis Constitutional Deliberation in Congress by : J. Mitchell Pickerill
Download or read book Constitutional Deliberation in Congress written by J. Mitchell Pickerill and published by Duke University Press. This book was released on 2004-05-17 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court’s constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review—or the possibility of it—encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to “constitutionalism outside the courts” debates. Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny.
Book Synopsis The Legitimacy of Highest Courts’ Rulings by : Nick Huls
Download or read book The Legitimacy of Highest Courts’ Rulings written by Nick Huls and published by T.M.C. Asser Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (Oxford 2004), the American-French scholar Mitchel Lasser has, among other things, tried to re-establish the strengths of the French cassation system. Using Lasser's approach and ideas as a starting point, in this book judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing. The book also contains a series of contributions from scholars analyzing the wide range of factors that determine the legitimacy of these courts’ decisions. Specific attention is given to the Strasbourg Court of Human Rights that has been so important for the moral legitimacy of the European legal order, and to courts in post-communist systems, which face many similar challenges and are even under greater pressure to modernize. The book is a multidisciplinary contribution to the international debate about the legitimacy of the highest courts’ rulings as well as the concept of judicial leadership and offers a new perspective in the USA versus Europe debate. It is recommended reading for academics, judges, policymakers, political scientists and students. Nick Huls is a Professor of socio-legal studies at the Faculty of Law of the Erasmus University Rotterdam and Leiden University’s Faculty of Law, The Netherlands. Maurice Adams is a Professor of law at Tilburg University, The Netherlands, and part-time Professor of comparative law at Antwerp University in Belgium. JaccoBomhoff is a Lecturer in law at the Law Department of the London School of Economics in the UK.
Book Synopsis Diversity Matters by : Susan B. Haire
Download or read book Diversity Matters written by Susan B. Haire and published by University of Virginia Press. This book was released on 2015-05-19 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
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:
Book Synopsis Judicial Decision-Making in a Globalised World by : Elaine Mak
Download or read book Judicial Decision-Making in a Globalised World written by Elaine Mak and published by A&C Black. This book was released on 2014-07-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.
Book Synopsis Electing Judges by : James L. Gibson
Download or read book Electing Judges written by James L. Gibson and published by University of Chicago Press. This book was released on 2012-09-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revealing and provocative study of the effects of judicial elections on state courts and public perceptions of impartiality. In Electing Judges, leading judicial politics scholar James L. Gibson responds to the growing concern that the realities of campaigning are undermining judicial independence and even the rule of law. Armed with empirical evidence, Gibson offers the most systematic and comprehensive study to date of the impact of judicial elections on public perceptions of fairness, impartiality, and the legitimacy of state courts—and his findings are both counterintuitive and controversial. Gibson finds that ordinary Americans do not conclude from campaign promises that judges are incapable of making impartial decisions. Instead, he shows, they understand the process of deciding cases to be an exercise in policy making, rather than of simply applying laws to individual cases—and consequently think it’s important for candidates to reveal where they stand on important issues. Negative advertising also turns out to have a limited effect on perceptions of judicial legitimacy, though certain kinds of campaign contributions can create the appearance of improper bias. Taking both the good and bad into consideration, Gibson argues persuasively that elections are ultimately beneficial in boosting the institutional legitimacy of courts, despite the slight negative effects of some campaign activities
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws Publisher : ISBN 13 : Total Pages :264 pages Book Rating :4.:/5 ( download)
Book Synopsis Recording of Jury Deliberations by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws
Download or read book Recording of Jury Deliberations written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws and published by . This book was released on 1955 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines secret jury deliberation transcription practices of Edward H. Levi in Ford Foundation sponsored legal research.
Book Synopsis Judging in Good Faith by : Steven J. Burton
Download or read book Judging in Good Faith written by Steven J. Burton and published by Cambridge University Press. This book was released on 1994-11-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.
Book Synopsis Michigan Court Rules by : Kelly Stephen Searl
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Recording of Jury Deliberations by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Recording of Jury Deliberations written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1956 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Recording of Jury Deliberations by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Recording of Jury Deliberations written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1955 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws Publisher : ISBN 13 : Total Pages :276 pages Book Rating :4.0/5 (1 download)
Book Synopsis Recording of Jury Deliberations by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws
Download or read book Recording of Jury Deliberations written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws and published by . This book was released on 1955 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
