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Author: Richard A. Posner
Publisher: Harvard
ISBN: 9780674975774
Category : LAW
Languages : en
Pages : 0
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Book Description
No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. He exposes the failures of the institution designed by the founders to check congressional and presidential power and resist its abuse, and offers practical prescriptions for reform.
Author: Richard A. Posner
Publisher: Harvard
ISBN: 9780674975774
Category : LAW
Languages : en
Pages : 0
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Book Description
No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. He exposes the failures of the institution designed by the founders to check congressional and presidential power and resist its abuse, and offers practical prescriptions for reform.
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674296275
Category : Law
Languages : en
Pages : 436
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Book Description
Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.
Author: Richard A. Posner
Publisher: Createspace Independent Publishing Platform
ISBN: 9781976014796
Category : Courts
Languages : en
Pages : 302
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Book Description
In this book Judge Posner focuses on the problems of the pro ses, the people, often prisoners, who bring lawsuits without a lawyer and the staff attorneys who review these lawsuits and make recommendations to the judges on how to decide the cases. He has done extensive research into the procedures of all thirteen circuits and compares their performance. This is the most extensive comparative review of the staff attorney programs in the circuit courts that has ever been done. Judge Posner has many suggestions for improving the way these cases are handled. In addition, he discusses the need for televising the circuit court hearings. He is a believer in government transparency, and feels the public should have easy access to the workings of the courts. Finally, he reviews the duties of the circuit chief judge and recommends clarification of the position.
Author: Erwin Chemerinsky
Publisher: Penguin Books
ISBN: 0143128000
Category : History
Languages : en
Pages : 402
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Book Description
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Author: Kate Stith
Publisher: University of Chicago Press
ISBN: 9780226774862
Category : Law
Languages : en
Pages : 302
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Book Description
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.
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674286030
Category : Law
Languages : en
Pages : 432
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Book Description
Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.
Author: Cass R. Sunstein
Publisher: Rowman & Littlefield
ISBN: 0815782357
Category : Law
Languages : en
Pages : 194
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Book Description
Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
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: United States Sentencing Commission
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 456
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Book Description
Author: Roger C. Cramton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 532
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Book Description
The Supreme Court today exercises power over the lives of citizens that, in important respects, exceeds that of other branches of the federal government. Life-tenured justices wield this enormous power for two or three decades and the only process that provides some accountability to the people occurs as new appointments regenerate the Court. Because justices now serve so long, that process occurs only rarely and irregularly and may be affected by a justice's desire to have a successor appointed by a like-minded president. Some presidents have great influence on the Court's future decisions by the happenstance that they receive three or more appointments; other presidents have little or no influence because no vacancies arise during their terms. This collection of essays by eminent legal scholars provides a comprehensive, balanced, and compelling examination of a largely neglected, but very important, subject. What are the harmful consequences of the lengthening tenure of Supreme Court justices? Do those consequences suggest that reform is necessary or desirable? Can the problem be remedied by congressional enactments or is a constitutional amendment required? "[Q]uite accessible, devoid of a lot of legal jargon... a must read for anyone interested in the politics of judicial reform, as well as those interested in the current debate among legal academics about the effects of life tenure on judges." -- Law & Politics Book Review
