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Author | : Lee Epstein |
Publisher | : Harvard University Press |
Total Pages | : 491 |
Release | : 2013-01-07 |
Genre | : Law |
ISBN | : 0674070682 |
Download The Behavior of Federal Judges Book in PDF, ePub and Kindle
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 | : Russell R. Wheeler |
Publisher | : |
Total Pages | : 46 |
Release | : 1989 |
Genre | : Courts |
ISBN | : |
Download Creating the Federal Judicial System Book in PDF, ePub and Kindle
Author | : Martin Mayer |
Publisher | : Truman Talley Books |
Total Pages | : 407 |
Release | : 2014-01-07 |
Genre | : Law |
ISBN | : 1466862084 |
Download The Judges Book in PDF, ePub and Kindle
Our courts, the third branch of the government, are central in the administration of our democracy. But their operations are shrouded in a mythology with its ritual incantations of "rule of law," "equal justice" and "presumption of innocence"--one that this book pierces. We have 30,000 judges. Many are hard-working and distinguished jurists; most are simply lawyers who knew a politician. It does not help that the job pays poorly. We have no judicial profession: we do not train judges before or after they mount the bench. There is no national court system. Fifty sovereign states, a federal government, counties and municipalities and state and federal agencies all have their own courts, their own rules and not infrequently their own laws and are deluged with cases filed by a million lawyers. Today, less than 3% of criminal charges and 4% of civil disputes are resolved by court trials. The noted author argues that a specialized world demands specialized courts and judges expert in the subjects they must consider. Following the leadership of Chief Judge Judith Kaye of New York's highest court, the Conference of Chief Justices from all fifty states has endorsed her use of "problem-solving courts" to take the judiciary into the twenty-first century. The Judges is Martin Mayer's most important book from many successful titles dating from the 1950s. It opens up a debate that will occupy scholars, justices, many of the one million lawyers in our country, and law school professors and students for years to come.
Author | : John Richard Schmidhauser |
Publisher | : |
Total Pages | : 278 |
Release | : 1979 |
Genre | : Law |
ISBN | : |
Download Judges and Justices Book in PDF, ePub and Kindle
Author | : Peter Charles Hoffer |
Publisher | : Oxford University Press |
Total Pages | : 561 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0199387907 |
Download The Federal Courts Book in PDF, ePub and Kindle
There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."
Author | : Lee Epstein |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2005-09-15 |
Genre | : Political Science |
ISBN | : 0190293659 |
Download Advice and Consent Book in PDF, ePub and Kindle
From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
Author | : Richard A. Posner |
Publisher | : |
Total Pages | : 440 |
Release | : 1996-11 |
Genre | : Law |
ISBN | : |
Download The Federal Courts Book in PDF, ePub and Kindle
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 | : Aspen Publishers Editorial Staff |
Publisher | : Wolters Kluwer |
Total Pages | : 1836 |
Release | : 1995-12-31 |
Genre | : Law |
ISBN | : 0735568898 |
Download Almanac of the Federal Judiciary Book in PDF, ePub and Kindle
The Almanac of the Federal Judiciary has built its considerable reputation by providing balanced, responsible judicial profiles of every federal judge and all the key bankruptcy judges and magistrate judges -- profiles that include reliable inside information based on interviews with lawyers who have argued cases before the federal judiciary. Containing valuable, hard-to-find material on every federal trial judge and appellate judge in the nation, this unique resource includes: Each judge's academic and professional background, experience on the bench, noteworthy rulings, and media coverage Candid, revealing commentary by lawyers, based on first-hand experiences before their local federal judges Helpful tips for your litigating team in shaping case strategy Important insights into each judge's style, demeanor, knowledge, and management of courtroom proceedings And continuing in-depth research, with semiannual updates. The Almanac of the Federal Judiciary is divided into two volumes: Volume 1: District Magistrates and Bankruptcy Judges Volume 2: Circuit Judges
Author | : Iris J. Wildman |
Publisher | : |
Total Pages | : 1052 |
Release | : 1987 |
Genre | : Judges |
ISBN | : |
Download Federal Judges and Justices Book in PDF, ePub and Kindle
Author | : William Domnarski |
Publisher | : Oxford University Press |
Total Pages | : 240 |
Release | : 2009 |
Genre | : Biography & Autobiography |
ISBN | : 0195374592 |
Download Federal Judges Revealed Book in PDF, ePub and Kindle
The power and influence of the federal judiciary has been widely discussed and understood. And while there have been a fair number of institutional studies-studies of individual district courts or courts of appeal--there have been very few studies of the judiciary that emphasize the judges themselves. Federal Judges Revealed considers approximately one hundred oral histories of Article Three judges, extracting the most important information, and organizing it around a series of presented topics such as "How judges write their opinions" and "What judges believe make a good lawyer."