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Attorneys Merits Briefs And Us Supreme Court Decision Making
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Book Synopsis Attorneys, Merits Briefs, and U.S. Supreme Court Decision Making by : Jessica Ann Schoenherr
Download or read book Attorneys, Merits Briefs, and U.S. Supreme Court Decision Making written by Jessica Ann Schoenherr and published by . This book was released on 2020 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorneys are key players in the U.S. Supreme Court decision-making process who use their legal arguments to influence the justices' decisions. Tasked with preparing merits briefs that make initial forays into the legal issues in a case, attorneys use that space to limit the range of possible outcomes and direct the justices' focus toward certain (favorable) areas of the law. Yet scholars understand very little about this process because they have struggled to empirically identify and examine legal arguments and their impact on the Court's decisions. In response to this problem, I use a combination of human-assisted coding and machine learning techniques to develop a method of extracting the core components of a legal argument for analysis. Using data collected from the legal arguments in more than three thousand briefs from 1,509 different cases the Court reviewed between the 1984 and 2007 terms, I study attorneys' use of the law, focusing on their decision to frame their arguments using prevailing case law or a wholly new, entrepreneurial argument. I show that attorneys' decisions regarding the framing of their arguments - whether to align their argument with the Court's prevailing approach or to use an entrepreneurial argument to radically change an area of case law - can alter the justices' decisions in a case. I use that same data to show that attorneys are strategic in their deployment of these frames, looking for signs the justices might respond positively to one type over the other if the argument is made well.
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 Elite Framing and Supreme Court Decision Making by : Justin Paul Wedeking
Download or read book Elite Framing and Supreme Court Decision Making written by Justin Paul Wedeking and published by . This book was released on 2007 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Landmark Briefs and Arguments of the Supreme Court of the United States by : United States. Supreme Court
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2014 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court Bar by : Kevin T. McGuire
Download or read book The Supreme Court Bar written by Kevin T. McGuire and published by University of Virginia Press. This book was released on 1993 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who represents litigants in the Supreme Court of the United States? Kevin T. McGuire shows that the most sophisticated of them have the advantage of representation by an elite counsel made up of former clerks to the justices, alumni of the Office of the Solicitor General, partners in powerful Washington law firms, and public interest lawyers, all of whom serve as gatekeepers to the Court. In this study, the first to characterize the bar of the Supreme Court as a whole, McGuire uses survey, archival, and interview data to explore the history and social structure of the community of Supreme Court specialists. In so doing, he assesses the strategic politics of Supreme Court practice, the ways in which dominant litigators can shape the Court's decisions, and what the existence of such an elite implies for judicial fairness.
Book Synopsis Oral Arguments and Coalition Formation on the U.S. Supreme Court by : Ryan C. Black
Download or read book Oral Arguments and Coalition Formation on the U.S. Supreme Court written by Ryan C. Black and published by University of Michigan Press. This book was released on 2012-10-24 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oral arguments are a key aspect of the Supreme Court's decision-making process
Book Synopsis Supreme Court Practice by : Robert L. Stern
Download or read book Supreme Court Practice written by Robert L. Stern and published by . This book was released on 1950 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Tenth Justice by : Lincoln Caplan
Download or read book The Tenth Justice written by Lincoln Caplan and published by Alfred A. Knopf. This book was released on 1987 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the nation's public officials, the Solicitor General is the only one required by statute to be "learned in the law." Although he serves in the Department of Justice, he also has permanent chambers in the Supreme Court. The fact that he keeps offices at these two distinct institutions underscores his special role.
Book Synopsis Clear and Effective Legal Writing by : Veda Charrow
Download or read book Clear and Effective Legal Writing written by Veda Charrow and published by Aspen Publishers. This book was released on 2001 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise and highly accessible text continues to give students a classic introduction to Legal Writing. Clear, readable text, effective sample documents, and numerous exercises, combined with a focus on the legal memorandum and brief, reinforce the essential writing skills students must have.Special Features: - walks students through the writing process, beginning with an overview of legal analysis --then moves on to understanding context, logically organizing thoughts, writing clearly and effectively, reviewing, and editing - zeroes in on writing legal memorandums and appellate court briefs with excellent examples of each - an overview of English sentence structure and guidance for writing well - numerous exercises throughout the book to help students reinforce their skills - comprehensive Teacher's ManualFeatures of the Third Edition: - enhanced appellate brief section presenting the brief in Bush v. Gore, and comparing a merits brief to a certiorari petition brief and an amicus curiae brief - revised legal process section discussing recent changes to the Federal Rules of Civil Procedure and Supreme Court decisions - improved format, including larger type
Book Synopsis Supreme Court and Appellate Advocacy by : David C. Frederick
Download or read book Supreme Court and Appellate Advocacy written by David C. Frederick and published by West Group Publishing. This book was released on 2003 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Year at the Supreme Court by : Neal Devins
Download or read book A Year at the Supreme Court written by Neal Devins and published by Duke University Press. This book was released on 2004-10-13 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVProfiles a watershed year (2002-2003) in the life of the U.S. Supreme Court, with contributions by journalists and Court advocates that discuss critical rulings on gay rights, affirmative action, hate speech, federal-state relations, and criminal law./div
Book Synopsis American Government 3e by : Glen Krutz
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.
Download or read book Supreme Myths written by Eric J. Segall and published by Bloomsbury Publishing USA. This book was released on 2012-02-22 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
Book Synopsis The Rule of Five by : Richard J. Lazarus
Download or read book The Rule of Five written by Richard J. Lazarus and published by Belknap Press. This book was released on 2020 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.
Book Synopsis The Solicitor General and the United States Supreme Court by : Ryan C. Black
Download or read book The Solicitor General and the United States Supreme Court written by Ryan C. Black and published by Cambridge University Press. This book was released on 2012-04-30 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process.
Book Synopsis The Choices Justices Make by : Lee Epstein
Download or read book The Choices Justices Make written by Lee Epstein and published by SAGE. This book was released on 1997-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court′s public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices′ papers animate the work.
