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The Judicial Role In A Diverse Federation
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Book Synopsis The Judicial Role in a Diverse Federation by : Robert Schertzer
Download or read book The Judicial Role in a Diverse Federation written by Robert Schertzer and published by University of Toronto Press. This book was released on 2016-01-01 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada's Supreme Court and for those engaged in broader debates about the use of federalism in multinational states.
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 130 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.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice Publisher : ISBN 13 : Total Pages :524 pages Book Rating :4.3/5 (91 download)
Book Synopsis Diversity of Citizenship Jurisdiction by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Download or read book Diversity of Citizenship Jurisdiction written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1978 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Popping the Question by : Agathon Fric
Download or read book Popping the Question written by Agathon Fric and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2017, the Canadian government has published excerpts from questionnaires that prospective judges completed as part of the judicial selection process, subjecting newly appointed superior and federal court judges to a degree of scrutiny that is unprecedented in Canadian history. Using this novel source material, this article explores what a sample of 16 judges' questionnaires do and do not say about the individuals behind the robes. This review suggests that those appointed to the bench in 2017 generally demonstrate insight into the judicial role in Canada. However, some provide only superficial responses, others parrot back normative values that the government has already prescribed, and many offer substantially similar answers. This suggests, first, that not all successful applications or, for that matter, applicants are created equal and, second, that applicants use the questionnaire less as an opportunity to demonstrate free thought and more as a test to prove their fealty to dominant assumptions about the court's role in society. The questionnaire therefore misses an opportunity to show that diversity on the bench is more than skin-deep. Meanwhile, recent trends show that the government has lagged behind on its commitment to make judges' applications public. The article concludes that if the government is serious about introducing greater transparency and accountability to the judicial selection process, then it should revise the questionnaire to elicit more meaningful responses from applicants and table legislation to codify the government's political promise to publish appointees' views on the role of the judiciary in Canadian society.Depuis 2017, le gouvernement canadien publie des extraits des questionnaires remplis par les juges potentiels dans le cadre du processus de sélection judiciaire, soumettant ainsi les juges des cours supérieures et fédérales nouvellement nommés à un degré d'examen sans précédent dans l'histoire du Canada. En utilisant ce nouveau matériel de base, le présent article explore ce qu'un échantillon de 16 questionnaires de juges disent et ne disent pas à propos des individus portant la toge. Cet examen suggère que les personnes nommées à la magistrature en 2017 font généralement preuve d'une bonne connaissance du rôle judiciaire au Canada. Cependant, certains ne donnent que des réponses superficielles, d'autres reprennent les valeurs normatives que le gouvernement a déjà prescrites, et beaucoup offrent des réponses substantiellement similaires. Cela suggère, premièrement, que toutes les candidatures retenues ou, d'ailleurs, les candidats eux-mêmes ne sont pas créés égaux et, deuxièmement, que les candidats utilisent le questionnaire moins comme une occasion de démontrer leur libre pensée et plus comme un test pour prouver leur fidélité aux hypothèses dominantes sur le rôle de la cour dans la société. Le questionnaire manque donc une occasion de montrer que la diversité sur le banc est plus que superficielle. Entre-temps, les tendances récentes montrent que le gouvernement a pris du retard dans son engagement à rendre publiques les requêtes des juges. L'article conclut que si le gouvernement souhaite sérieusement introduire plus de transparence et de responsabilité dans le processus de sélection des juges, il devrait alors réviser le questionnaire pour obtenir des réponses plus significatives de la part des candidats et déposer un projet de loi pour codifier la promesse politique du gouvernement de publier les opinions des personnes nommées sur le rôle du pouvoir judiciaire dans la société canadienne.
Book Synopsis Courts of Appeals in the Federal Judicial System by : J. Woodford Howard Jr.
Download or read book Courts of Appeals in the Federal Judicial System written by J. Woodford Howard Jr. and published by Princeton University Press. This book was released on 2014-07-14 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges in making law and policy; and third, how can quality judicial decisions be maintained under heavy-volume pressure. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Book Synopsis Jurisdiction of Federal Courts Concerning Diversity of Citizenship by : United States. Congress. House. Committee on the Judiciary
Download or read book Jurisdiction of Federal Courts Concerning Diversity of Citizenship written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1957 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: Committee Serial No. 5. Considers legislation to provide that district courts shall have jurisdiction of civil actions only if the amount in controversy exceeds $10,000 and that their jurisdiction based on diversity of citizenship shall not extend to actions in which corporations are parties; and legislation to provide that district courts shall have jurisdiction of civil actions where the matter in controversy exceeds the sum or value of $10,000 and is between citizens of different states.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery Publisher : ISBN 13 : Total Pages :440 pages Book Rating :4.3/5 (91 download)
Book Synopsis Federal Diversity of Citizenship Jurisdiction by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery
Download or read book Federal Diversity of Citizenship Jurisdiction written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery and published by . This book was released on 1978 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Association of the Bar of the City of New York. Committee on Federal Legislation Publisher : ISBN 13 : Total Pages :24 pages Book Rating :4.F/5 ( download)
Book Synopsis Federal Diversity Jurisdiction by : Association of the Bar of the City of New York. Committee on Federal Legislation
Download or read book Federal Diversity Jurisdiction written by Association of the Bar of the City of New York. Committee on Federal Legislation and published by . This book was released on 1978 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Creating the Federal Judicial System by : Russell R. Wheeler
Download or read book Creating the Federal Judicial System written by Russell R. Wheeler and published by . This book was released on 1989 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Department of Justice. Committee on Revision of the Federal Judicial System Publisher : ISBN 13 : Total Pages :36 pages Book Rating :4.:/5 (41 download)
Book Synopsis The Needs of the Federal Courts by : United States. Department of Justice. Committee on Revision of the Federal Judicial System
Download or read book The Needs of the Federal Courts written by United States. Department of Justice. Committee on Revision of the Federal Judicial System and published by . This book was released on 1977 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Litigation and Inequality by : Edward A. Purcell Jr.
Download or read book Litigation and Inequality written by Edward A. Purcell Jr. and published by Oxford University Press. This book was released on 1992-12-31 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration Publisher : ISBN 13 : Total Pages :128 pages Book Rating :4.3/5 (121 download)
Book Synopsis In-state Plaintiff Diversity Jurisdiction by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration
Download or read book In-state Plaintiff Diversity Jurisdiction written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration and published by . This book was released on 1994 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributed to some depository libraries in microfiche.
Book Synopsis The U.S. Supreme Court and New Federalism by : Christopher P. Banks
Download or read book The U.S. Supreme Court and New Federalism written by Christopher P. Banks and published by Rowman & Littlefield Publishers. This book was released on 2012-07-13 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court’s “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. Using descriptive and empirical methods in political science and legal scholarship, and informed by diverse approaches to judicial ideology, from historical to new institutionalist, they investigate how the U.S. Supreme Court rulings have shaped the political principle of federalism. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation. In addition, they analyze areas of federalism not normally studied by scholars such as religious liberty and foreign affairs.
Book Synopsis The Federal Courts by : Richard A. Posner
Download or read book The Federal Courts written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal courts are the world’s most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a “crisis in quantity” is imperiling the ability of the federal judiciary to perform its historic function of administering justice fairly and expeditiously. In a substantially revised edition of his widely acclaimed 1985 book The Federal Courts: Crisis and Reform, Chief Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit provides a comprehensive evaluation of the federal judiciary and a detailed program of judicial reform. Drawing on economic and political theory as well as on legal analysis and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises the concerns that have been expressed with the courts’ performance, and presents a variety of proposals for both short-term and fundamental reform. In contrast to some of the direr prophecies of observers of the federal courts, Posner emphasizes the success of these courts in adapting to steep caseload growth with minimum sacrifice in quality. Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.
Book Synopsis The Budgetary Impact of Possible Changes in Diversity Jurisdiction by : Anthony Partridge
Download or read book The Budgetary Impact of Possible Changes in Diversity Jurisdiction written by Anthony Partridge and published by . This book was released on 1988 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Debating Judicial Appointments in an Age of Diversity by : Graham Gee
Download or read book Debating Judicial Appointments in an Age of Diversity written by Graham Gee and published by Routledge. This book was released on 2017-09-11 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.
Book Synopsis Courts and Congress by : Robert A. Katzmann
Download or read book Courts and Congress written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role should the Senate play in the selection and confirmation of judges? What criteria are appropriate in evaluating nominees? What kinds of questions and answers are appropriate in confirmation hearings? How do judges interpret laws enacted by Congress, and what problems do they face? And what kinds of communications are proper between judges and legislators? These questions go to the heart of the relationship between the federal judiciary and Congress—a relationship that critically shapes the administration of justice. The judiciary needs an environment respectful of its mission; and the legislative branch seeks a judicial system that faithfully construes its laws and efficiently discharges justice. But the judicial-congressional relationship is hindered by an array of issues, including an ever-rising judicial caseload, federalization of the law, resource constraints, concerns about the confirmation process, increasing legislative scrutiny of judicial decisionmaking and the administration of justice, and debates about how the courts should interpret legislation. Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional relations. After identifying problems, he offers ways to improve understanding between the two branches. Copublished with the Governance Institute
