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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: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674033833
Category : Law
Languages : en
Pages : 399
Get Book Here
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. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 332
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Special Subcommittee to Consider Legislation on Judicial and Congressional Salaries
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 332
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Special Subcommittee to Consider Legislation on Judicial and Congressional Salaries
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 328
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Book Description
Considers (84) S. 165, (84) S. 462, (84) S. 540.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Mike Gedgoudas
Publisher:
ISBN: 9780981467283
Category : Fiction
Languages : en
Pages : 304
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Book Description
Attorney Michael Gedgoudas' debut novel carves its own spot in courtroom drama while successfully competing with the best of John Grisham's works. The reader is privy to inner workings and behind the scenes motivations at the highest levels of the state legal system.The Cost of Justice exposes the greed and corruption in high stakes litigation and weaves through a maze of plots designed to extort and bribe the judiciary. The story unfolds in Alabama, one of the few states that elect Supreme Court Justices in partisan elections. Jackson Garrett, an unlikely politician, finds his way onto the Court after making a name for himself on both sides of the legal fence. Though his ultimate goal is to bring moderation back to the judiciary, he learns early that his financiers expect a return on their investment. When Hurricane Peter strikes the south Alabama gulf coast, Jack finds himself in the center of an ethical, political and legal storm that threatens his whole existence. He relies on the strength of a friend and buddy from Louisiana to help him weather the fierce storm. Corruption spirals out of control, as Taylor Franklin, a powerful executive at Insure Pro, tries to minimize the over fourteen billion dollars of damage his company is about to absorb. Implemented and operated by his Director of Security, a fallback plan, many years in the making, begins to unravel, and the stakes are raised at every turn. Just how far will this massive insurer be willing to go to maintain its control over the High Court? The Cost of Justice blurs the line between fiction and reality and leaves the reader wondering if this could really happen, or even worse, has it?
Author: Ira P. Robbins
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 84
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Book Description
Author: United States. Congress. House. Committee on the District of Columbia
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 44
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Book Description
Author: Nina Sankovitch
Publisher: Macmillan + ORM
ISBN: 1250163293
Category : History
Languages : en
Pages : 301
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Book Description
Nina Sankovitch’s American Rebels explores, for the first time, the intertwined lives of the Hancock, Quincy, and Adams families, and the role each person played in sparking the American Revolution. Before they were central figures in American history, John Hancock, John Adams, Josiah Quincy Junior, Abigail Smith Adams, and Dorothy Quincy Hancock had forged intimate connections during their childhood in Braintree, Massachusetts. Raised as loyal British subjects who quickly saw the need to rebel, their collaborations against the Crown and Parliament were formed years before the revolution and became stronger during the period of rising taxes and increasing British troop presence in Boston. Together, the families witnessed the horrors of the Boston Massacre, the Battles of Lexington and Concord, and Bunker Hill; the trials and tribulations of the Siege of Boston; meetings of the Continental Congress; transatlantic missions for peace and their abysmal failures; and the final steps that led to the signing of the Declaration of Independence. American Rebels explores how the desire for independence cut across class lines, binding people together as well as dividing them—rebels versus loyalists—as they pursued commonly-held goals of opportunity, liberty, and stability. Nina Sankovitch's new book is a fresh history of our revolution that makes readers look more closely at Massachusetts and the small town of Braintree when they think about the story of America’s early years.
Author: Joshua M. Dunn
Publisher: UNC Press Books
ISBN: 1469606607
Category : Political Science
Languages : en
Pages : 239
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Book Description
In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.
