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Author: Sarah A. Binder
Publisher: Rowman & Littlefield
ISBN: 0815703910
Category : Political Science
Languages : en
Pages : 214
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Book Description
For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy. Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system—a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent. Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek
Author: Sarah A. Binder
Publisher: Rowman & Littlefield
ISBN: 0815703910
Category : Political Science
Languages : en
Pages : 214
Get Book Here
Book Description
For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy. Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system—a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent. Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek
Author: United States. Administrative Office of the United States Courts. Magistrate Judges Division
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 106
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Book Description
Author: Sheldon Goldman
Publisher: Yale University Press
ISBN: 9780300080735
Category : Law
Languages : en
Pages : 452
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Book Description
How does a president choose the judges he appoints to the lower federal bench? In this analysis, a leading authority on lower federal court judicial selection tells the story of how nine presidents over a period of 56 years have chosen federal judges.
Author: Judicial Conference of the United States
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 60
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Book Description
Author: Canadian Judicial Council
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 56
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Book Description
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Author:
Publisher:
ISBN: 9781663319005
Category : Court rules
Languages : en
Pages :
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Book Description
Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0190866063
Category : Law
Languages : en
Pages : 297
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Book Description
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Author: American Bar Association
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 424
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Book Description
Author: American Bar Association
Publisher: American Bar Association
ISBN: 9781590318393
Category : Law
Languages : en
Pages : 212
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Book Description
Author: Evan Haynes
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584774835
Category : Judges
Languages : en
Pages : 328
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Book Description
Haynes, Evan. The Selection and Tenure of Judges. [Newark]: The National Conference of Judicial Councils, 1944. xix, 308 pp. Reprint available January, 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-483-5. Cloth. $85. * With an introduction by Roscoe Pound. Haynes offers a comprehensive overview of the factors that determine judicial selection in the United States. It is also a useful history of the subject from the colonial era to 1943. Written with input from Pound, Haynes offers a sociological analysis enriched with an impressive body of statistical data. He examines such factors as class and region affiliation, and whether elected judges are more liberal than their tenured colleagues. He also compares American practices to those in Great Britain, Canada, France, Italy, Germany, Scandinavia and Latin America. Warmly received when it was first published, it is recommended by Willard Hurst in The Growth of American Law: The Lawmakers (see p. 454).
