Judging on a Collegial Court PDF Download
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Author: Virginia A. Hettinger
Publisher: University of Virginia Press
ISBN: 9780813926971
Category : Law
Languages : en
Pages : 172
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Book Description
Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
Author: Virginia A. Hettinger
Publisher: University of Virginia Press
ISBN: 9780813926971
Category : Law
Languages : en
Pages : 172
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Book Description
Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
Author: Gabrielle Appleby
Publisher: Cambridge University Press
ISBN: 1108494617
Category : Law
Languages : en
Pages : 341
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Book Description
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
Author: Birke Häcker
Publisher:
ISBN: 9781780686240
Category : Court administration
Languages : en
Pages : 0
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Book Description
This book focuses on the decision-making processes in modern collegiate courts. Judges from some of the world s highest and most significant judicial bodies, both national and supranational, share their experiences and reflect on the challenges to which their joint judicial endeavour gives rise.
Author: Joe McIntyre
Publisher: Springer Nature
ISBN: 981329115X
Category : Law
Languages : en
Pages : 304
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Book Description
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
Author: Frank Morey Coffin
Publisher: W. W. Norton
ISBN: 9780393035827
Category : Appellate courts
Languages : en
Pages : 373
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Book Description
Examines the appellate court system of the United States, describing how cases are argued before the bench, how judges discuss these arguments in private, and how the judges' decisions affect American society
Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 56
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Book Description
Author: Frank B. Cross
Publisher: Stanford University Press
ISBN: 9780804757133
Category : Law
Languages : en
Pages : 268
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Book Description
This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.
Author: Lee Epstein
Publisher: Harvard University Press
ISBN: 0674070682
Category : Law
Languages : en
Pages : 491
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Book Description
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: John R. Wunder
Publisher: University of Nebraska Press
ISBN: 1496212142
Category : History
Languages : en
Pages : 374
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Book Description
Throughout its existence the Federal District Court of Nebraska has echoed the dynamics of its time, reflecting the concerns, interests, and passions of the people who have made this state their home. Echo of Its Time explores the court’s development, from its inception in 1867 through 1933, tracing the careers of its first four judges: Elmer Dundy, William Munger, Thomas Munger (no relation), and Joseph Woodrough, whose rulings addressed an array of issues and controversies echoing macro-level developments within the state, nation, and world. Echo of Its Time both informs and entertains while using the court’s operations as a unique and accessible prism through which to explore broader themes in the history of the state and the nation. The book explores the inner workings of the court through Thomas Munger’s personal correspondence, as well as the court’s origins and growing influence under the direction of its legendary first judge, Elmer Dundy. Dundy handled many notable and controversial matters and made significant decisions in the field of Native American law, including Standing Bear v. Crook and Elk v. Wilkins. From the turn of the century through 1933 the court’s docket reflected the dramatic and rapid changes in state, regional, and national dynamics, including labor disputes and violence, political corruption and Progressive Era reform efforts, conflicts between cattle ranchers and homesteaders, wartime sedition and “slacker” prosecutions, criminal enterprises, and the endless battles between government agents and bootleggers during Prohibition.
Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184
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Book Description
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.
