How Judges Think

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Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)

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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.

Judicial Merit Selection

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Publisher : Temple University Press
ISBN 13 : 1439918082
Total Pages : 217 pages
Book Rating : 4.4/5 (399 download)

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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.

Model Code of Judicial Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318393
Total Pages : 212 pages
Book Rating : 4.3/5 (183 download)

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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:

The Judicial Tug of War

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Publisher : Cambridge University Press
ISBN 13 : 1108841368
Total Pages : 335 pages
Book Rating : 4.1/5 (88 download)

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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.

Justices on the Ballot

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Publisher : Cambridge University Press
ISBN 13 : 9781107462991
Total Pages : 0 pages
Book Rating : 4.4/5 (629 download)

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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.

The Selection and Appointment of United States Magistrate Judges

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Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis The Selection and Appointment of United States Magistrate Judges by : United States. Administrative Office of the United States Courts. Magistrate Judges Division

Download or read book The Selection and Appointment of United States Magistrate Judges written by United States. Administrative Office of the United States Courts. Magistrate Judges Division and published by . This book was released on 1993 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Electing Judges

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Publisher : University of Chicago Press
ISBN 13 : 0226291073
Total Pages : 240 pages
Book Rating : 4.2/5 (262 download)

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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.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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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.

The Question of State Government Capability

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Publisher :
ISBN 13 :
Total Pages : 442 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Question of State Government Capability by : United States. Advisory Commission on Intergovernmental Relations

Download or read book The Question of State Government Capability written by United States. Advisory Commission on Intergovernmental Relations and published by . This book was released on 1985 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Code of Judicial Conduct for United States Judges

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Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.:/5 (319 download)

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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:

Running for Judge

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Publisher : NYU Press
ISBN 13 : 0814740979
Total Pages : 267 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Running for Judge by : Matthew J. Streb

Download or read book Running for Judge written by Matthew J. Streb and published by NYU Press. This book was released on 2009-07 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This outstanding collection of essays provides new insight into one of the most important features of the American judicial system. Matthew J. Streb has assembled a first-rate set of contributors who offer a fascinating exploration of the institutions, incentives, and democratic consequences of electing judges."--Kevin T. McGuire, author of Understanding the U.S. Supreme Court "A timely and important addition to the literature on state courts and judicial politics by a stellar team of contributors. New research is presented on a range of issues that will interest scholars and students not only of courts but state politics more generally."--David M. O'Brien, author of Storm Center: The Supreme Court in American PoliticsAcross the country, races for judgeships are becoming more and more politically contested. As a result, several states and cities are now considering judicial election reform. Running for Judge examines the increasingly contentious judicial elections over the last twenty-five years by providing a timely, insightful analysis of judicial elections. The book ties together the current state of the judicial elections literature, and presents new evidence on a wide range of important topics, including: the history of judicial elections; an understanding of the types of judicial elections; electoral competition during races; the increasing importance of campaign financing; voting in judicial elections; the role interest groups play in supporting candidates; party organizing in supposedly non-partisan elections; judicial accountability; media coverage; and judicial reform of elections.Running for Judge is an engaging, accessible, empirical analysis of the major issues surroundingjudicial elections, with contributions from prominent scholars in the fields of ju

Guide for All-Hazard Emergency Operations Planning

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Publisher : DIANE Publishing
ISBN 13 : 078814829X
Total Pages : 277 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Guide for All-Hazard Emergency Operations Planning by : Kay C. Goss

Download or read book Guide for All-Hazard Emergency Operations Planning written by Kay C. Goss and published by DIANE Publishing. This book was released on 1998-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Meant to aid State & local emergency managers in their efforts to develop & maintain a viable all-hazard emergency operations plan. This guide clarifies the preparedness, response, & short-term recovery planning elements that warrant inclusion in emergency operations plans. It offers the best judgment & recommendations on how to deal with the entire planning process -- from forming a planning team to writing the plan. Specific topics of discussion include: preliminary considerations, the planning process, emergency operations plan format, basic plan content, functional annex content, hazard-unique planning, & linking Federal & State operations.

Gender and Judging

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782251103
Total Pages : 640 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Gender and Judging by : Ulrike Schultz

Download or read book Gender and Judging written by Ulrike Schultz and published by Bloomsbury Publishing. This book was released on 2013-07-10 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

The Question of State Government Capability

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Author :
Publisher :
ISBN 13 :
Total Pages : 434 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Question of State Government Capability by : Mavis Mann Reeves

Download or read book The Question of State Government Capability written by Mavis Mann Reeves and published by . This book was released on 1985 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Code of Conduct for United States Judges

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Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Code of Conduct for United States Judges by : Judicial Conference of the United States

Download or read book Code of Conduct for United States Judges written by Judicial Conference of the United States and published by . This book was released on 1993 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Judicial and Civil History of Connecticut

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Publisher :
ISBN 13 :
Total Pages : 784 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Judicial and Civil History of Connecticut by : Dwight Loomis

Download or read book The Judicial and Civil History of Connecticut written by Dwight Loomis and published by . This book was released on 1895 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Missouri Plan for the Selection of Judges

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Publisher :
ISBN 13 :
Total Pages : 114 pages
Book Rating : 4.:/5 (183 download)

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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: