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Rules For Judging
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Download or read book Fear of Judging written by Kate Stith and published by University of Chicago Press. This book was released on 1998-10 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.
Book Synopsis Judging Judges by : Jason E. Whitehead
Download or read book Judging Judges written by Jason E. Whitehead and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "rule of law" stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences. Because following the rule of law absolutely is impossible, it is dismissed by the public as a myth and judges are vilified. Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whitehead's unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of society--judges, politicians, scholars, and ordinary citizens alike. Judging Judges' attention to judicial values establishes judges' true worth in a liberal democracy.
Book Synopsis Judging Statutes by : Robert A. Katzmann
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
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:
Book Synopsis Reflections on Judging by : Richard A. Posner
Download or read book Reflections on Judging written by Richard A. Posner and published by Harvard University Press. This book was released on 2013-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Book Synopsis Common Law Judging by : Douglas E. Edlin
Download or read book Common Law Judging written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2020-03-06 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
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:
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.
Book Synopsis Dog Show Judging by : Chris Walkowicz
Download or read book Dog Show Judging written by Chris Walkowicz and published by Dogwise Publishing. This book was released on 2009 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: Get the inside story on how dog show judges get started, build their skills and acquire their credentials. Whether you're a competitor or aspiring judge, this realistic-but-light-hearted book explains what judges are looking for and what it's like to judge.
Download or read book Cowboy Dressage written by Jessica Black and published by Trafalgar Square Books. This book was released on 2017-12-01 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: The equestrian pursuit known as Cowboy Dressage melds the best of Western riding traditions and classical dressage in the pursuit of a harmonious relationship with a horse. Intended to be accessible to all, Cowboy Dressage is open to all breeds and all levels of riders; there isn’t a set frame for overall look, head carriage, or action. Lifelong horsewoman Jessica Black traces the evolution of Cowboy Dressage back to its roots, sharing the story of Eitan and Debbie Beth-Halachmy and their phenomenal Morgan horses that have served as the movement’s ambassadors. Black then expertly weaves Eitan Beth-Halachmy's experience and expertise into an engaging and articulate explanation of the philosophy of Cowboy Dressage; defines the expectations of the rider; describes what a participant needs in terms of equipment; and explores how the most important element—the horse—should be prepared. A wonderful and thorough section on groundwork, as well as specific training advice for achieving engagement, regulating the gaits, smoothing transitions, and balancing bend and straightness, get the reader started with a solid foundation. Specific descriptions of the Cowboy Dressage tests are provided, with additional tools for those interested in competition, including rules, divisions, and how to execute and judge tests.
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 Judging Science by : Kenneth R. Foster
Download or read book Judging Science written by Kenneth R. Foster and published by MIT Press. This book was released on 1999 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attempting to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability. What is scientific knowledge and when is it reliable? These deceptively simple questions have been the source of endless controversy. In 1993, the Supreme Court handed down a landmark ruling on the use of scientific evidence in federal courts. Federal judges may admit expert scientific evidence only if it merits the label scientific knowledge. The testimony must be scientifically reliable and valid. This book is organized around the criteria set out in the 1993 ruling. Following a general overview, the authors look at issues of fit--whether a plausible theory relates specific facts to the larger factual issues in contention; philosophical concepts such as the falsifiability of scientific claims; scientific error; reliability in science, particularly in fields such as epidemiology and toxicology; the meaning of scientific validity; peer review and the problem of boundary setting; and the risks of confusion and prejudice when presenting science to a jury. The book's conclusion attempts to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability that emerge from science and other disciplines.
Download or read book Good Judgment written by Robert J. Sharpe and published by University of Toronto Press. This book was released on 2018-10-11 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Book Synopsis A Short Introduction to Judging and to Legal Reasoning by : Geoffrey Samuel
Download or read book A Short Introduction to Judging and to Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2016-08-26 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists themselves (the internal view); and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist (the external view). Combining cases and materials with original text, this unique, concise format is designed for students who are starting out on their law programmes, as well as for students and researchers who would like to examine judging and legal reasoning in more depth.
Book Synopsis American Poultry Journal Yearbook for ... by : James W. Bell
Download or read book American Poultry Journal Yearbook for ... written by James W. Bell and published by . This book was released on 1915 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tough Cases written by Russell Canan and published by The New Press. This book was released on 2018-09-25 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Tough Cases stands out as a genuine revelation. . . . Our most distinguished judges should follow the lead of this groundbreaking volume.” —Justin Driver, The Washington Post A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.
Download or read book American Poultry Year Book written by and published by . This book was released on 1915 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
