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Author :
Publisher : DIANE Publishing
ISBN 13 : 142896777X
Total Pages : 44 pages
Book Rating : 4.4/5 (289 download)
Download or read book Independence of the Judiciary written by and published by DIANE Publishing. This book was released on with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Publisher :
ISBN 13 :
Total Pages : 1246 pages
Book Rating : 4.:/5 (6 download)
Download or read book The Independence of Federal Judges written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers and published by . This book was released on 1971 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tom S. Clark
Publisher : Cambridge University Press
ISBN 13 : 1139492314
Total Pages : 357 pages
Book Rating : 4.1/5 (394 download)
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 : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.0/5 ( download)
Download or read book Judicial Security and Independence written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2007 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Twentieth Century Fund. Task Force on Federal Judicial Responsibility
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.F/5 ( download)
Download or read book The Good Judge written by Twentieth Century Fund. Task Force on Federal Judicial Responsibility and published by . This book was released on 1989 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Publisher :
ISBN 13 :
Total Pages : 1012 pages
Book Rating : 4.F/5 ( download)
Download or read book Judicial Independence written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice and published by . This book was released on 1990 with total page 1012 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : J. Mark Ramseyer
Publisher : University of Chicago Press
ISBN 13 : 0226703878
Total Pages : 214 pages
Book Rating : 4.2/5 (267 download)
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 214 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.
Author : Jeffrey M. Sharman
Publisher : Inter-American Development Bank
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4./5 ( download)
Download or read book Judicial Ethics written by Jeffrey M. Sharman and published by Inter-American Development Bank. This book was released on 1996-05-01 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph was written for the Judicial Reform Roundtable II held May 19-22, 1996 in Williamsburg, Virginia. It discusses the need for the rule of law and separation of powers; the need for judicial independence; and judicial responsibility, integrity, and discipline in the United States.
Author : Bruce Peabody
Publisher : JHU Press
ISBN 13 : 0801897718
Total Pages : 347 pages
Book Rating : 4.8/5 (18 download)
Download or read book The Politics of Judicial Independence written by Bruce Peabody and published by JHU Press. This book was released on 2011 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.
Author : Scott E. Graves
Publisher : Rowman & Littlefield
ISBN 13 : 0739126628
Total Pages : 128 pages
Book Rating : 4.7/5 (391 download)
Download or read book Justice Takes a Recess written by Scott E. Graves and published by Rowman & Littlefield. This book was released on 2010-09 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution allows the president to "fill up all Vacancies that may happen during the Recess of the Senate, by granting Commission which shall expire at the End of their next Session." This book addresses how presidents have used recess appointments over time and whether the independence of judicial recess appointees is compromised. The authors examine every judicial recess appointment from 1789 to 2005 and conclude that the recess appointment clause, as it pertains to the judiciary, is no longer necessary or desirable. They argue that these appointments can upset the separation of powers envisioned by the framers, shifting power from one branch of government to another. The strategic use of such appointments by strong presidents to shift judicial ideology, combined with the lack of independence exhibited by judicial recess appointments, results in recess power that threatens constitutional features of the judicial branch. Book jacket.
Author : Peter Charles Hoffer
Publisher : Oxford University Press
ISBN 13 : 0199387907
Total Pages : 561 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Federal Courts written by Peter Charles Hoffer and published by Oxford University Press. This book was released on 2016 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."
Author : Federal Judicial Federal Judicial Center
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781541388680
Total Pages : 26 pages
Book Rating : 4.3/5 (886 download)
Download or read book Establishing a Federal Judiciary written by Federal Judicial Federal Judicial Center and published by Createspace Independent Publishing Platform. This book was released on 2017-01-01 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This module was developed by the Federal Judicial Center to support judges and court staff who want to speak to various groups about the history of an independent federal judiciary in the United States. This module focuses on the establishment of the federal judiciary and the history of the federal court system. Other modules in this series examine the constitutional origins of the judicial branch of government and historical debates on judicial independence. Each module includes four components: an historical overview to serve as talking points; a PowerPoint presentation that can be downloaded to provide a visual guide to the speaker's remarks; a list of suggested discussion questions; and selections from historical documents that can be used in discussion with the audience or incorporated in the speaker's remarks.
Author : Judicial Conference of the United States
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.F/5 ( download)
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:
Author : Charles Benjamin Schudson
Publisher : University of Wisconsin Press
ISBN 13 : 0299320308
Total Pages : 285 pages
Book Rating : 4.2/5 (993 download)
Download or read book Independence Corrupted written by Charles Benjamin Schudson and published by University of Wisconsin Press. This book was released on 2018-10-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings—of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence. As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.
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.
