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Author : Douglas Blount Maggs
Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.:/5 (38 download)
Download or read book Analysis of Current Judicial Decision written by Douglas Blount Maggs and published by . This book was released on 1924 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Emmanuel Guinchard
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168400
Total Pages : 448 pages
Book Rating : 4.0/5 (411 download)
Download or read book The New EU Judiciary written by Emmanuel Guinchard and published by Kluwer Law International B.V.. This book was released on 2016-12-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.
Author : Lee Epstein
Publisher : Harvard University Press
ISBN 13 : 0674070682
Total Pages : 491 pages
Book Rating : 4.6/5 (74 download)
Download or read book The Behavior of Federal Judges written by Lee Epstein and published by Harvard University Press. This book was released on 2013-01-07 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
Author : Lee Epstein
Publisher : Cambridge University Press
ISBN 13 : 1009058738
Total Pages : 101 pages
Book Rating : 4.0/5 (9 download)
Download or read book The Strategic Analysis of Judicial Behavior written by Lee Epstein and published by Cambridge University Press. This book was released on 2021-06-17 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutions play a central role but strategic accounts are unique in one important respect: They draw attention to the interdependent - i.e., the strategic - nature of judicial decisions. On strategic accounts, judges do not make decisions in a vacuum, but rather attend to the preferences and likely actions of other actors, including their colleagues, superiors, politicians, and the public. We survey the major methodological approaches for conducting strategic analysis and consider how scholars have used them to provide insight into the effect of internal and external actors on the judges' choices. As far as these studies have traveled in illuminating judicial-behavior, many opportunities for forward movement remain. We flag four in the conclusion.
Author : J. Woodford Howard Jr.
Publisher : Princeton University Press
ISBN 13 : 1400855454
Total Pages : 445 pages
Book Rating : 4.4/5 (8 download)
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.
Author : David William Louisell
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (23 download)
Download or read book Analysis for Lawyers written by David William Louisell and published by . This book was released on 1974 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert M. Howard
Publisher : Routledge
ISBN 13 : 1317430379
Total Pages : 1001 pages
Book Rating : 4.3/5 (174 download)
Download or read book Routledge Handbook of Judicial Behavior written by Robert M. Howard and published by Routledge. This book was released on 2017-10-02 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.
Author : Maxwell L. Stearns
Publisher : University of Michigan Press
ISBN 13 : 9780472088683
Total Pages : 460 pages
Book Rating : 4.0/5 (886 download)
Download or read book Constitutional Process written by Maxwell L. Stearns and published by University of Michigan Press. This book was released on 2002 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive analysis of how the collective nature of Supreme Court decision making affects the transformation of the justices' preferences into constitutional doctrine. Analyzing the Supreme Court from the perspective of social choice theory, Maxwell L. Stearns offers new insights into Supreme Court decision making that have profound implications for understanding the outcomes in a number of cases and the resulting doctrinal development within constitutional law which traditional analyses have proven ill-equipped to explain. The book models several important process-based Supreme Court rules, including outcome voting, the narrowest-grounds rule, stare decisis, and justiciability, with a particular emphasis on standing. These doctrines have each had a significant impact upon the evolution of modern constitutional law, including but not limited to the following areas: affirmative action, school desegregation, racial gerrymandering, obscenity, and abortion. Each model is presented in nontechnical language with several concrete illustrations drawn from recent Supreme Court case law. The book offers a new understanding of two apparently paradoxical situations: first, cases in which there are separate majorities on specific issues in the case that suggest, logically, that there should be a majority for the dissenting result; and second, cases in which discrete minorities--as opposed to the apparent majority--control the identification and resolution of dispositive case issues. In addition, the book sheds new light on why the Court employs stare decisis, even though the doctrine grounds the evolution of legal doctrine on the order in which cases are presented and decided, and on how the modern standing doctrine ameliorates the incentives for interest groups to time the litigation of cases in a way that will exert a disproportionate influence over the direction of constitutional doctrine. This book will appeal to scholars of the Supreme Court or judicial decision-making. It should also be of interest to students of social choice and of law and economics who have not previously considered the Supreme Court or constitutional law as fertile ground for their disciplines. Maxwell L. Stearns is Professor of Law, George Mason University School of Law.
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 : Charles M. Whelan
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (122 download)
Download or read book The Decisions of the Court written by Charles M. Whelan and published by . This book was released on 1973 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James T. Patterson
Publisher : Oxford University Press
ISBN 13 : 0199880840
Total Pages : 318 pages
Book Rating : 4.1/5 (998 download)
Download or read book Brown v. Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
Author : Walter F. Murphy
Publisher :
ISBN 13 : 9781610273534
Total Pages : 258 pages
Book Rating : 4.2/5 (735 download)
Download or read book Elements of Judicial Strategy written by Walter F. Murphy and published by . This book was released on 2016-07-13 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a readily available republication edition (in library-quality hardcover format), and adding a substantive, detailed 2016 Foreword by Lee Epstein and Jack Knight, this classic of law and political science is presented to a new generation of thoughtful observers of the U.S. Supreme Court and how its justices create judicial decisions. As Epstein and Knight write, this book is "extraordinary. It's the rarest of rare: a breakthrough of the path-marking, even paradigm-shifting, variety...." Its initial publication offered a "huge conceptual breakthrough. ELEMENTS was the first to offer a strategic account" of judging, and its "framework forever changed the study of judicial behavior." It remains influential to current thought, extending even in its "global reach," and is an important part of modern social sciences and law. /-/ First outlining the sources and instruments - and limitations - of judicial power, the author then shows how policy-oriented justices might take advantage of their power positions to maximize their impact on the formation and execution of public policy. In this book Walter F. Murphy attempts to understand how, under the limitations which the American legal and political systems impose, Supreme Court justices can legitimately act to further their policy objectives. Murphy also considers ethical issues raised by the model of judicial decision-making he describes. Throughout, systematic analysis is supported by prodigious research and fascinating real-world examples over the years and in very different judicial administrations. /-/ Part of the Legal Legends Series from Quid Pro Books, this republication edition uses modern presentation and yet embeds the page numbers of the original print editions, for purposes of continuity, referencing, course assignment, and convenience to the reader. It is also available in quality eBook formats and a new paperback edition. NOTE: only the new editions from Quid Pro Books contain the new formatting and additional introduction, even if this description appears under used copies of older printings. /-/ About the Author: Walter F. Murphy taught constitutional law to generations of students at Princeton, where he held the chair of McCormick Professor of Jurisprudence first occupied by Woodrow Wilson. Born in Charleston, S.C., Murphy served as a Marine in Korea with a Distinguished Service Cross and a Purple Heart. He graduated from Notre Dame and George Washington University, and earned a PhD in political science from the University of Chicago. His novels include the New York Times bestseller The Vicar of Christ, which won the Chicago Foundation for Literature Award and was preceded by his unprecedented research in Vatican archives and access to church and papal sources. His other acclaimed nonfiction works include Congress and the Court and Constitutional Democracy.
Author : Rachel J. Cahill-O'Callaghan
Publisher : Hart Publishing
ISBN 13 : 9781509921881
Total Pages : pages
Book Rating : 4.9/5 (218 download)
Download or read book Values in the Supreme Court written by Rachel J. Cahill-O'Callaghan and published by Hart Publishing. This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--Provided by publisher.
Author : Richard A. Wasserstrom
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Judicial Decision written by Richard A. Wasserstrom and published by . This book was released on 1961 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Joan Biskupic
Publisher : Basic Books
ISBN 13 : 0465093280
Total Pages : 415 pages
Book Rating : 4.4/5 (65 download)
Download or read book The Chief written by Joan Biskupic and published by Basic Books. This book was released on 2019-03-26 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.
Author :
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (327 download)
Download or read book Judicial Writing Manual written by and published by . This book was released on 1991 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cornell W. Clayton
Publisher : University of Chicago Press
ISBN 13 : 0226109550
Total Pages : 359 pages
Book Rating : 4.2/5 (261 download)
Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
