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The Impact Of Judicial Selection Method On State Supreme Court Policy
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Book Synopsis The Impact of Judicial-Selection Method on State-Supreme-Court Policy by : Daniel R. Pinello
Download or read book The Impact of Judicial-Selection Method on State-Supreme-Court Policy written by Daniel R. Pinello and published by Praeger. This book was released on 1995-10-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law—business, criminal procedure, and family law. After examining different theories and surveying the research about judicial selection, this comparative study of policies in six states—Connecticut, New Jersey, Pennsylvania, Rhode Island, Virginia, West Virginia—challenges current assumptions. The author finds that appointed judges prefer the interests of the individual over those of the state in criminal-procedure cases and are the most innovative in business law; that elected judges prefer the interests of the state over the individual; and that legislatively selected judges acquiesce to the policy preferences of other branches of government and are the most inactive in terms of policy initiation. For students and teachers in law, political science, and history; for lawyers and judges; for interest groups concerned about state policy; and for policymakers and other professionals concerned with American government and public administration.
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 Judicial Merit Selection by : Greg Goelzhauser
Download or read book Judicial Merit Selection written by Greg Goelzhauser and published by Temple University Press. This book was released on 2019-02-22 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The judicial selection debate continues. Merit selection is used by a majority of states but remains the least well understood method for choosing judges. Proponents claim that it emphasizes qualifications and diversity over politics, but there is little empirical evidence regarding its performance. In Judicial Merit Selection, Greg Goelzhauser amasses a wealth of data to examine merit selection’s institutional performance from an internal perspective. While his previous book, Choosing State Supreme Court Justices, compares outcomes across selection mechanisms, here he delves into what makes merit selection unique—its use of nominating commissions to winnow applicants prior to gubernatorial appointment. Goelzhauser’s analyses include a rich case study from inside a nominating commission’s proceedings as it works to choose nominees; the use of public records to examine which applicants commissions choose and which nominees governors choose; evaluation of which attorneys apply for consideration and which judges apply for promotion; and examination of whether design differences across systems impact performance in the seating of qualified and diverse judges. The results have critical public policy implications.
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 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: "In Electing Judges, James L. Gibson responds to the growing chorus of critics who fear that the politics of running for office undermine judicial independence. While many people have opinions on the topic, few have supported them with empirical evidence. Gibson rectifies this situation, offering the most systematic study to date of the impact of campaigns on public perceptions of fairness, impartiality, and the legitimacy of elected state courts-and his findings are both counterintuitive and controversial"--Page [four] of cover.
Book Synopsis In Defense of Judicial Elections by : Chris W. Bonneau
Download or read book In Defense of Judicial Elections written by Chris W. Bonneau and published by Routledge. This book was released on 2009-06-02 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ought judges be independent of democratic pressures, or should they be subjected to the preferences and approval of the electorate? In this book, Bonneau and Hall use empirical data to shed light on these normative questions and offer a coherent defense of judicial elections.
Book Synopsis The Missouri Plan for the Selection of Judges by : Jack W. Peltason
Download or read book The Missouri Plan for the Selection of Judges written by Jack W. Peltason and published by . This book was released on 1945 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Oxford Handbook of Law and Politics by : Keith E. Whittington
Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-11 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
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 The Judicial Tug of War by : Adam Bonica
Download or read book The Judicial Tug of War written by Adam Bonica and published by Cambridge University Press. This book was released on 2020-12-17 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a novel theory explaining how and why politicians and lawyers politicise courts.
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:
Book Synopsis The People’s Courts by : Jed Handelsman Shugerman
Download or read book The People’s Courts written by Jed Handelsman Shugerman and published by Harvard University Press. This book was released on 2012-02-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.
Book Synopsis The Growth of American Law by : James Willard Hurst
Download or read book The Growth of American Law written by James Willard Hurst and published by The Lawbook Exchange, Ltd.. This book was released on 2007 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Oxford Handbook of Political Institutions by : R. A. W. Rhodes
Download or read book The Oxford Handbook of Political Institutions written by R. A. W. Rhodes and published by OUP Oxford. This book was released on 2008-06-12 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of political institutions is among the founding pillars of political science. With the rise of the 'new institutionalism', the study of institutions has returned to its place in the sun. This volume provides a comprehensive survey of where we are in the study of political institutions, covering both the traditional concerns of political science with constitutions, federalism and bureaucracy and more recent interest in theory and the constructed nature of institutions. The Oxford Handbook of Political Institutions draws together a galaxy of distinguished contributors drawn from leading universities across the world. Authoritative reviews of the literature and assessments of future research directions will help to set the research agenda for the next decade.
Book Synopsis Open Judicial Politics by : Rorie Spill Solberg
Download or read book Open Judicial Politics written by Rorie Spill Solberg and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Justices on the Ballot by : Herbert M. Kritzer
Download or read book Justices on the Ballot written by Herbert M. Kritzer and published by Cambridge University Press. This book was released on 2019-10-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justices on the Ballot addresses two central questions in the study of judicial elections: How have state supreme court elections changed since World War II? And, what effects have those changes had on election outcomes, state supreme court decisions, and the public's view of the courts? To answer these questions, Herbert M. Kritzer takes the broadest scope of any study to date, investigating every state supreme court election between 1946 and 2013. Through an analysis of voting returns, campaign contributions and expenditures, television advertising, and illustrative case studies, he shows that elections have become less politicized than commonly believed. Rather, the changes that have occurred reflect broader trends in American politics, as well as increased involvement of state supreme courts in hot-button issues.
