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Author: Greg Goelzhauser
Publisher: Temple University Press
ISBN: 1439918082
Category : Political Science
Languages : en
Pages : 217
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Book Description
The judicial selection debate continues. Merit selection is used by a majority of states but remains the least well understood method for choosing judges. Proponents claim that it emphasizes qualifications and diversity over politics, but there is little empirical evidence regarding its performance. In Judicial Merit Selection, Greg Goelzhauser amasses a wealth of data to examine merit selection’s institutional performance from an internal perspective. While his previous book, Choosing State Supreme Court Justices, compares outcomes across selection mechanisms, here he delves into what makes merit selection unique—its use of nominating commissions to winnow applicants prior to gubernatorial appointment. Goelzhauser’s analyses include a rich case study from inside a nominating commission’s proceedings as it works to choose nominees; the use of public records to examine which applicants commissions choose and which nominees governors choose; evaluation of which attorneys apply for consideration and which judges apply for promotion; and examination of whether design differences across systems impact performance in the seating of qualified and diverse judges. The results have critical public policy implications.
Author: Greg Goelzhauser
Publisher: Temple University Press
ISBN: 1439918082
Category : Political Science
Languages : en
Pages : 217
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Book Description
The judicial selection debate continues. Merit selection is used by a majority of states but remains the least well understood method for choosing judges. Proponents claim that it emphasizes qualifications and diversity over politics, but there is little empirical evidence regarding its performance. In Judicial Merit Selection, Greg Goelzhauser amasses a wealth of data to examine merit selection’s institutional performance from an internal perspective. While his previous book, Choosing State Supreme Court Justices, compares outcomes across selection mechanisms, here he delves into what makes merit selection unique—its use of nominating commissions to winnow applicants prior to gubernatorial appointment. Goelzhauser’s analyses include a rich case study from inside a nominating commission’s proceedings as it works to choose nominees; the use of public records to examine which applicants commissions choose and which nominees governors choose; evaluation of which attorneys apply for consideration and which judges apply for promotion; and examination of whether design differences across systems impact performance in the seating of qualified and diverse judges. The results have critical public policy implications.
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 636
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 636
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Book Description
Author: Ulrike Schultz
Publisher: Bloomsbury Publishing
ISBN: 1782251103
Category : Law
Languages : en
Pages : 640
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Book Description
Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674033833
Category : Law
Languages : en
Pages : 399
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Book Description
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.
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 822
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Book Description
Author: Thomas E. Cronin
Publisher: U of Nebraska Press
ISBN: 0803244894
Category : Political Science
Languages : en
Pages : 440
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Book Description
Survey after survey reveals that many Coloradans believe that the U.S. government is too big, too wasteful, and too intrusive. Yet Colorado is arguably one of the most federally subsidized states in the union, with forests, national parks, military bases, and research laboratories benefiting from the federal government’s largesse. A concise history of Colorado’s constitution and central political institutions, Colorado Politics and Policy offers a probing analysis of the state’s political cultures. It shows how the state, in many ways a template of the deeply contrary politics of the nation, puts political power into the hands of an ever-more-polarized electorate increasingly inclined to put the concerns of government to the test of the citizen-initiative. Colorado Politics and Policy is the result of broad-gauged and sophisticated research which includes author interviews with citizens and officials across the state, three specially commissioned statewide public opinion surveys, and extensive interviews with governors, legislators, judges, lobbyists, interest group leaders, and leading political analysts. This fresh and engaging interpretation is essential reading for those who want to understand Colorado’s major election trends, chief public policy and budget challenges, and this distinctively purple state’s unique political history.
Author: Christopher P. Banks
Publisher: CQ Press
ISBN: 1483317005
Category : Political Science
Languages : en
Pages : 401
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Book Description
The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 818
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Book Description
Author: Colorado. General Assembly. Legislative Council
Publisher:
ISBN:
Category : Bills, Legislative
Languages : en
Pages : 176
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Book Description
