Making Law and Courts Research Relevant

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Author :
Publisher : Routledge
ISBN 13 : 1317693450
Total Pages : 281 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Making Law and Courts Research Relevant by : Brandon L. Bartels

Download or read book Making Law and Courts Research Relevant written by Brandon L. Bartels and published by Routledge. This book was released on 2014-09-04 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the more enduring topics of concern for empirically-oriented scholars of law and courts—and political scientists more generally—is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years. Brandon L. Bartels and Chris W. Bonneau argue that being attuned to the normative implications of one’s work enhances the quality of empirical work, not to mention makes it substantially more interesting to both academics and non-academic practitioners. Their book’s mission is to examine how the normative implications of empirical work in law and courts can be more visible and relevant to audiences beyond academia. Written by scholars of political science, law, and sociology, the chapters in the volume offer ideas on a methodology for communicating normative implications in a balanced, nuanced, and modest manner. The contributors argue that if empirical work is strongly suggestive of certain policy or institutional changes, scholars should make those implications known so that information can be diffused. The volume consists of four sections that respectively address the general enterprise of developing normative implications of empirical research, law and decisionmaking, judicial selection, and courts in the broader political and societal context. This volume represents the start of a conversation on the topic of how the normative implications of empirical research in law and courts can be made more visible. This book will primarily interest scholars of law and courts, as well as students of judicial politics. Other subfields of political science engaging in empirical research will also find the suggestions made in the book relevant.

Making Law and Courts Research Relevant

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Author :
Publisher : Routledge
ISBN 13 : 1317693469
Total Pages : 261 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Making Law and Courts Research Relevant by : Brandon L. Bartels

Download or read book Making Law and Courts Research Relevant written by Brandon L. Bartels and published by Routledge. This book was released on 2014-09-04 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the more enduring topics of concern for empirically-oriented scholars of law and courts—and political scientists more generally—is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years. Brandon L. Bartels and Chris W. Bonneau argue that being attuned to the normative implications of one’s work enhances the quality of empirical work, not to mention makes it substantially more interesting to both academics and non-academic practitioners. Their book’s mission is to examine how the normative implications of empirical work in law and courts can be more visible and relevant to audiences beyond academia. Written by scholars of political science, law, and sociology, the chapters in the volume offer ideas on a methodology for communicating normative implications in a balanced, nuanced, and modest manner. The contributors argue that if empirical work is strongly suggestive of certain policy or institutional changes, scholars should make those implications known so that information can be diffused. The volume consists of four sections that respectively address the general enterprise of developing normative implications of empirical research, law and decisionmaking, judicial selection, and courts in the broader political and societal context. This volume represents the start of a conversation on the topic of how the normative implications of empirical research in law and courts can be made more visible. This book will primarily interest scholars of law and courts, as well as students of judicial politics. Other subfields of political science engaging in empirical research will also find the suggestions made in the book relevant.

Judicial Policy Making and the Modern State

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Publisher : Cambridge University Press
ISBN 13 : 9780521777346
Total Pages : 516 pages
Book Rating : 4.7/5 (773 download)

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Book Synopsis Judicial Policy Making and the Modern State by : Malcolm M. Feeley

Download or read book Judicial Policy Making and the Modern State written by Malcolm M. Feeley and published by Cambridge University Press. This book was released on 2000-03-28 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates the role of federal judges in prison reform, and policy making in general.

Privilege and Punishment

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Publisher : Princeton University Press
ISBN 13 : 069123387X
Total Pages : 320 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Privilege and Punishment by : Matthew Clair

Download or read book Privilege and Punishment written by Matthew Clair and published by Princeton University Press. This book was released on 2022-06-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

High Courts in Global Perspective

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Publisher : University of Virginia Press
ISBN 13 : 0813946166
Total Pages : 318 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis High Courts in Global Perspective by : Nuno Garoupa

Download or read book High Courts in Global Perspective written by Nuno Garoupa and published by University of Virginia Press. This book was released on 2021-08-27 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today. Contributors: Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University Constitutionalism and Democracy

Opposing the Rule of Law

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Publisher : Cambridge University Press
ISBN 13 : 1107083184
Total Pages : 337 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Opposing the Rule of Law by : Nick Cheesman

Download or read book Opposing the Rule of Law written by Nick Cheesman and published by Cambridge University Press. This book was released on 2015-03-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.

Research Handbook on Law and Courts

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788113209
Total Pages : 512 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Law and Courts by : Susan M. Sterett

Download or read book Research Handbook on Law and Courts written by Susan M. Sterett and published by Edward Elgar Publishing. This book was released on 2019 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.

Diversifying the Courts

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Publisher : NYU Press
ISBN 13 : 1479818720
Total Pages : 240 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Diversifying the Courts by : Nancy Scherer

Download or read book Diversifying the Courts written by Nancy Scherer and published by NYU Press. This book was released on 2023-02-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the decisions of US presidents to appoint judges from diverse backgrounds to federal courts In Diversifying the Courts, Nancy Scherer addresses why presidents choose—or don’t choose—to diversify the federal courts by race, ethnicity, and gender. She explores how and why the issue became a bitter partisan fight in the first place, tracking the controversial history—and politics—of court diversification. Drawing on polls, political experiments, surveys and one-on-one interviews, Scherer illuminates the complicated relationship between diversity and court legitimacy. She shows us how diverse representation can positively impact perceptions of the court among women and racial minorities, while having a negative impact on the perceptions among white people and men. Ultimately, Diversifying the Courts provides insight into the impact of gender, race, and ethnicity on the courts, illuminating some of the major challenges facing the American judicial system in the years that lie ahead.

EU Treaties and the Judicial Politics of National Courts

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Publisher : Routledge
ISBN 13 : 1317503775
Total Pages : 269 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis EU Treaties and the Judicial Politics of National Courts by : Pablo José Castillo Ortiz

Download or read book EU Treaties and the Judicial Politics of National Courts written by Pablo José Castillo Ortiz and published by Routledge. This book was released on 2015-08-11 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.

Judging Inequality

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Publisher : Russell Sage Foundation
ISBN 13 : 0871545039
Total Pages : 379 pages
Book Rating : 4.8/5 (715 download)

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Book Synopsis Judging Inequality by : James L. Gibson

Download or read book Judging Inequality written by James L. Gibson and published by Russell Sage Foundation. This book was released on 2021-08-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Black and Blue

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Publisher : Oxford University Press
ISBN 13 : 0190865237
Total Pages : 256 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Black and Blue by : James L. Gibson

Download or read book Black and Blue written by James L. Gibson and published by Oxford University Press. This book was released on 2018-09-25 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American legal system is experiencing a period of extreme stress, if not crisis, as it seems to be losing its legitimacy with at least some segments of its constituency. Nowhere is this legitimacy deficit more apparent than in a portion of the African American community in the U.S., as incidents of police killing black suspects - whether legally justified or not - have become almost routine. However, this legitimacy deficit has largely been documented through anecdotal evidence and a steady drumbeat of journalistic reports, not rigorous scientific research. This book offers an all-inclusive account of how and why African Americans differ in their willingness to ascribe legitimacy to legal institutions, as well as in their willingness to accept the policy decisions those institutions promulgate. Based on two nationally-representative samples of African Americans, this book ties together four dominant theories of public opinion: Legitimacy Theory, Social Identity Theory, theories of adulthood political socialization and learning through experience, and information processing theories. The findings reveal a gaping chasm in legal legitimacy between black and white Americans. More importantly, black people themselves differ in their perceptions of legal legitimacy. Group identities and experiences with legal authorities play a crucial role in shaping whether and how black people extend legitimacy to the legal institutions that so much affect them. This book is one of the most comprehensive analyses produced to date of legal legitimacy within the American black community, with many surprising and counter-intuitive results.

Judicial Elections in the 21st Century

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Publisher : Taylor & Francis
ISBN 13 : 131728822X
Total Pages : 274 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Judicial Elections in the 21st Century by : Chris W. Bonneau

Download or read book Judicial Elections in the 21st Century written by Chris W. Bonneau and published by Taylor & Francis. This book was released on 2016-12-08 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading authorities present the latest cutting edge research on state judicial elections. Starting with recent transformations in the electoral landscape, including those brought about by U.S. Supreme Court rulings, this volume provides penetrating analyses of partisan, nonpartisan, and retention elections to state supreme courts, intermediate appellate courts, and trial courts. Topics include citizen participation, electoral competition, fundraising and spending, judicial performance evaluations, reform efforts,attack campaigns, and other organized efforts to oust judges. This volume also evaluates the impact of judicial elections on numerous aspects of American politics, including citizens’ perceptions of judicial legitimacy, diversity on the bench, and the consequences of who wins on subsequent court decisions. Many of the chapters offer predictions about how judicial elections might look in the future. Overall, this collection provides a sharp evidence-based portrait of how modern judicial elections actually work in practice and their consequences for state judiciaries and the American people.

New York Legal Research

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Publisher :
ISBN 13 : 9781611636680
Total Pages : 0 pages
Book Rating : 4.6/5 (366 download)

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Book Synopsis New York Legal Research by : Elizabeth Adelman

Download or read book New York Legal Research written by Elizabeth Adelman and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Legal Research provides an alternative to the excellent, but often lengthy, legal research books that take a bibliographic approach to this dynamic lawyering skill. The goal of the third edition is to explore concisely both the sources of New York state law and the process of conducting research using those sources. New to the third edition is a greater emphasis on online sources and performing online research. The book begins with an overview of the legal research process and an introduction to research techniques using online media. Then the book turns to secondary sources, recognizing these sources as the entry point for most new research projects. Next, New York Legal Research addresses primary authority, with chapters dedicated to case law, enacted law (statutes, constitutions, local law, and court rules), and administrative law. Additional chapters cover legislative history, free and commercial updating tools, legal ethics research, New York City law, and research strategies and organization. An appendix explains legal citation by New York courts following the New York Law Reports Style Manual. Most chapters contain outlines with step-by-step guidance for research in various types of legal resources. The book also includes short excerpts and screen shots from important sources. Discussions of legal analysis are brief but are included as necessary to show the crucial connection between research and analysis. While the concentration of New York Legal Research is state research, concise descriptions of federal resources are included throughout. This book is part of the Legal Research Series, edited by Suzanne E. Rowe, Director of Legal Research and Writing, University of Oregon School of Law. "What I found most valuable in these introductory chapters was the description of how to access New York materials on Westlaw, Google Scholar, and government websites...Another important aspect of New York law is the distinction between consolidated and unconsolidated laws. The book explains in detail the distinction and where to find the statutes, highlighting the main sources of New York's consolidated and unconsolidated laws...New York Legal Research provides a solid examination of both the sources of New York law and the legal research process. A picture is worth a thousand words, and embedded within the chapters are screenshots and tables that illuminate the text. When comparing this book with other titles on the subject, New York Legal Research is the only title that focuses its discussion on connecting the sources of law in New York with the practice of conducting legal research. That makes New York Legal Research an essential addtion to any law library that supports the study or practice of law in New York." -- Kathleen Darvil, Law Library Journal, Volume 108:2

Making Law in the United States Courts of Appeals

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Publisher : Cambridge University Press
ISBN 13 : 9780521891455
Total Pages : 194 pages
Book Rating : 4.8/5 (914 download)

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Book Synopsis Making Law in the United States Courts of Appeals by : David E. Klein

Download or read book Making Law in the United States Courts of Appeals written by David E. Klein and published by Cambridge University Press. This book was released on 2002-08-08 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Courts and Comparative Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 019105903X
Total Pages : 730 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Courts and Comparative Law by : Mads Andenas

Download or read book Courts and Comparative Law written by Mads Andenas and published by OUP Oxford. This book was released on 2015-07-30 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Judicial Law-Making in European Constitutional Courts

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Author :
Publisher : Routledge
ISBN 13 : 1000062252
Total Pages : 249 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Judicial Law-Making in European Constitutional Courts by : Monika Florczak-Wątor

Download or read book Judicial Law-Making in European Constitutional Courts written by Monika Florczak-Wątor and published by Routledge. This book was released on 2020-05-07 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.

Legal Research Illustrated

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Author :
Publisher :
ISBN 13 : 9781609300555
Total Pages : 0 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Legal Research Illustrated by : Steven M. Barkan

Download or read book Legal Research Illustrated written by Steven M. Barkan and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.