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Author : Larry L. Sipes
Publisher : Administrative Office of U.S. Courts
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.F/5 ( download)
Download or read book Committed to Justice written by Larry L. Sipes and published by Administrative Office of U.S. Courts. This book was released on 2002 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)
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.
Author : Stuart L. Craig
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.F/5 ( download)
Download or read book Judicial Problems written by Stuart L. Craig and published by . This book was released on 1975 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674255488
Total Pages : 524 pages
Book Rating : 4.6/5 (742 download)
Download or read book The Problems of Jurisprudence written by Richard A. Posner and published by Harvard University Press. This book was released on 1993-03-15 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, one of our country’s most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society’s values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer’s craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigone to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner’s stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.
Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
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)
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.
Author : Greg Berman
Publisher : Quid Pro Books
ISBN 13 : 1610273311
Total Pages : 230 pages
Book Rating : 4.6/5 (12 download)
Download or read book Good Courts written by Greg Berman and published by Quid Pro Books. This book was released on 2015-12-03 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presented in a new digital edition, and adding a Foreword by Jonathan Lippman, Chief Judge of the state of New York, Good Courts is now available as an eBook to criminal justice workers, jurists, lawyers, political scientists, court officials, and others interested in the future of alternative justice and process in the United States. Public confidence in American criminal courts is at an all-time low. Victims, communities, and even offenders view courts as unable to respond adequately to complex social and legal problems including drugs, prostitution, domestic violence, and quality-of-life crime. Even many judges and attorneys think that the courts produce assembly-line justice. Increasingly embraced by even the most hard-on-crime jurists, problem-solving courts offer an effective alternative. As documented by Greg Berman and John Feinblatt—both of whom were instrumental in setting up New York’s Midtown Community Court and Red Hook Community Justice Center, two of the nation’s premier models for problem-solving justice—these alternative courts reengineer the way everyday crime is addressed by focusing on the underlying problems that bring people into the criminal justice system to begin with. The first book to describe this cutting-edge movement in detail, Good Courts features, in addition to the Midtown and Red Hook models, an in-depth look at Oregon’s Portland Community Court. And it reviews the growing body of evidence that the problem-solving approach to justice is indeed producing positive results around the country. Quality eBook features include linked Notes, active TOC, and proper formatting.
Author : Richard L. Wiener
Publisher : Springer Science & Business Media
ISBN 13 : 1461474035
Total Pages : 260 pages
Book Rating : 4.4/5 (614 download)
Download or read book Problem Solving Courts written by Richard L. Wiener and published by Springer Science & Business Media. This book was released on 2013-07-11 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to make the criminal court system more effective there has been a growing trend to have courts participate in what is essentially a rehabilitation strategy. Such courts are often referred to as “problem-solving” because they are working on root causes of criminal behavior as part of the dispensation of justice. This major shift in the role of the courts means that the court works closely with prosecutors, public defenders, probation officers, social workers, and other justice system partners to develop a strategy that pressures offenders to complete a treatment program which will ultimately, hopefully prevent recidivism. Research has shown that this kind of strategy has a two-fold benefit. It has been successful in helping offenders turn their lives around which leads to improved public safety and the ultimate saving of public funds. This book is the first to focus exclusively on problem solving courts, and as such it presents an overview of the rationale and scientific evidence for such courts as well as individual sections on the key areas in which these courts are active. Thus there is specific attention paid to domestic violence, juvenile criminality, mental health, and more. Throughout, research findings are incorporated into general discussions of these courts operate and ideally what they are trying to accomplish. There is also discussion of how such courts should evolve in the future and the directions that further research should take.
Author : R Grant Hammond
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315186
Total Pages : 208 pages
Book Rating : 4.8/5 (473 download)
Download or read book Judicial Recusal written by R Grant Hammond and published by Bloomsbury Publishing. This book was released on 2009-07-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues. The subject is one of considerable import and moment, not only to 'insiders' in the judiciary, but also to litigants and their lawyers. Understanding the principles which guide recusal is also to understand the fundamentals of judging in the common law tradition. The subject is therefore of considerable interest both at practical and theoretical levels, for it tells us most of what we need to know about what it means "to be a judge" and what the discharge of that constitutional duty entails. Unsurprisingly therefore, the subject has attracted controversy, and some of the most savage criticisms ever directed at particular judges. The book commences with an introduction which is followed by an analysis of the essential features of the law, the legal principles (common-law origins, the law today in the USA, UK and Commonwealth) and the difficulties which currently arise in the cases and by operation of statute. The third part looks at process, including waiver, necessity, appellate review, and final appeals. Three specific problem areas (judicial misconduct in court, prior viewpoints, and unconcious bias) are then discussed. The book ends with the author's reflections on future developments and possible reforms of recusal law.
Author : Philip Hamburger
Publisher : Harvard University Press
ISBN 13 : 9780674031319
Total Pages : 712 pages
Book Rating : 4.0/5 (313 download)
Download or read book Law and Judicial Duty written by Philip Hamburger and published by Harvard University Press. This book was released on 2008-11 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hamburger traces the early history of what is today called “judicial review.” The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.
Author :
Publisher :
ISBN 13 :
Total Pages : 1226 pages
Book Rating : 4.3/5 (91 download)
Download or read book Legal Problems of the Poor written by and published by . This book was released on 1975 with total page 1226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 download)
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas E. Baker
Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.F/5 ( download)
Download or read book Rationing Justice on Appeal written by Thomas E. Baker and published by . This book was released on 1994 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Donald S. Voorhees
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.:/5 (327 download)
Download or read book Manual on Recurring Problems in Criminal Trials written by Donald S. Voorhees and published by . This book was released on 1990 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Salman Khurshid
Publisher : Cambridge University Press
ISBN 13 : 1108836038
Total Pages : 463 pages
Book Rating : 4.1/5 (88 download)
Download or read book Judicial Review: Process, Powers and Problems written by Salman Khurshid and published by Cambridge University Press. This book was released on 2020-06-11 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses Upendra Baxi's role as an Indian jurist and how his contributions have shaped our understanding of legal jurisprudence.
Author :
Publisher :
ISBN 13 :
Total Pages : 108 pages
Book Rating : 4.3/5 (243 download)
Download or read book Manual on Recurring Problems in Criminal Trials written by and published by . This book was released on 2010 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
