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Judges Bureaucrats And The Question Of Independence
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Book Synopsis Judges, Bureaucrats, and the Question of Independence by : M. Donna Price Cofer
Download or read book Judges, Bureaucrats, and the Question of Independence written by M. Donna Price Cofer and published by Praeger. This book was released on 1985-07-24 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Donna Price Cofer addresses the tensions between the administrative law judges (ALJ) of the Social Security Administration and their management and examines a common dilemma in the distribution of public social benefits: the desire to meet the needs of eligible claimants and the reality of a diminishing trust fund. She begins with a definition of disability and an outline of the stages of how a claimant is processed. The hearing process is investigated in depth with emphasis placed upon the rules of evidence, claimants' right to counsel, and the impartiality of the decisionmaker. The crux of the book is a discussion of the role of the ALJ as defined in the Administrative Procedure Act of 1946 and the need for decisional independence from bureaucratic pressures. Chapter 6 of this study, What the Judges Say, outlines the results of Dr. Cofer's 1982 nongovernmentally financed survey of the entire population of ALJs and directly addresses their perception of their role in the disability determination process. In conclusion, Cofer offers suggestions for reform, beginning with state disability determinations and ending with the creation of a Social Security Court.
Book Synopsis The Limits of Judicial Independence by : Tom S. Clark
Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
Author :United States. Congress. House. Committee on Ways and Means. Subcommittee on Social Security Publisher : ISBN 13 : Total Pages :216 pages Book Rating :4.0/5 ( download)
Book Synopsis Judicial Independence of Administrative Law Judges at the Social Security Administration by : United States. Congress. House. Committee on Ways and Means. Subcommittee on Social Security
Download or read book Judicial Independence of Administrative Law Judges at the Social Security Administration written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Social Security and published by . This book was released on 1990 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Recommendations and Reports by : Administrative Conference of the United States
Download or read book Recommendations and Reports written by Administrative Conference of the United States and published by . This book was released on 1992 with total page 1164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The Conservative Case for Class Actions by : Brian T. Fitzpatrick
Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Book Synopsis Perils of Judicial Self-Government in Transitional Societies by : David Kosař
Download or read book Perils of Judicial Self-Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Book Synopsis The Gold Clause Cases by : United States. Supreme Court
Download or read book The Gold Clause Cases written by United States. Supreme Court and published by . This book was released on 1934 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Can Courts be Bulwarks of Democracy? by : Jeffrey K. Staton
Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Book Synopsis Judicial Power by : Christine Landfried
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Download or read book Courts written by Martin Shapiro and published by University of Chicago Press. This book was released on 2013-11-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative work, Martin Shapiro proposes an original model for the study of courts, one that emphasizes the different modes of decision making and the multiple political roles that characterize the functioning of courts in different political systems.
Book Synopsis Judicial Independence by : Shimon Shetreet
Download or read book Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 1985-01-01 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.
Author :Judicial Conference of the United States. Federal Courts Study Committee Publisher : ISBN 13 : Total Pages :1040 pages Book Rating :4.F/5 ( download)
Book Synopsis Working Papers and Subcommittee Reports, July 1, 1990 by : Judicial Conference of the United States. Federal Courts Study Committee
Download or read book Working Papers and Subcommittee Reports, July 1, 1990 written by Judicial Conference of the United States. Federal Courts Study Committee and published by . This book was released on 1990 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Measuring Judicial Independence by : J. Mark Ramseyer
Download or read book Measuring Judicial Independence written by J. Mark Ramseyer and published by University of Chicago Press. This book was released on 2010-02-15 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.
Book Synopsis My Own Liberator by : Dikgang Moseneke
Download or read book My Own Liberator written by Dikgang Moseneke and published by Pan Macmillan South africa. This book was released on 2018-01-01 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: In My Own Liberator, Dikgang Moseneke pays homage to the many people and places that have helped to define and shape him. In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children – the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners’ minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke’ s rise as one of the country’s top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people.
Book Synopsis Upholding the Rule of Law by : Judge Frank B Borowiec
Download or read book Upholding the Rule of Law written by Judge Frank B Borowiec and published by iUniverse. This book was released on 2011-01-13 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part autobiography and part examination of our current system of social security, Upholding the Rule of Law is more than just a treatise on what happened with that agency in the 1970s and 1980s; Judge Borowiecs insights provide a methodology to eliminate the massive disability claims backlog that continues to plague the Social Security Administration and which simultaneously impoverishes the thousands of disability claimants waiting two years or more for an agency decision on their disability claims. Author Judge Frank B Borowiec artfully explains the classic conflict between government agencies charged with efficiently and effectively executing their statutory mandates and their administrative law judges who have a sworn duty as independent, unbiased and impartial arbiters to protect the due process constitutional rights of all individuals contesting what they believe to be erroneous agency decisions. Beginning with his childhood, he relates those significant details of his life, including his service during World War II, and a chance meeting with attorney J. Harry Tiernan, that would profoundly influence his career in years to come.
Book Synopsis Manual for Administrative Law Judges by : Morell Eugene Mullins
Download or read book Manual for Administrative Law Judges written by Morell Eugene Mullins and published by . This book was released on 1993 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
