Judging On A Collegial Court
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Judging On A Collegial Court
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Author : Virginia A. Hettinger
language : en
Publisher: University of Virginia Press
Release Date : 2006
Judging On A Collegial Court written by Virginia A. Hettinger and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
The Judge The Judiciary And The Court
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Author : Gabrielle Appleby
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-29
The Judge The Judiciary And The Court written by Gabrielle Appleby and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-29 with Law categories.
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
The Elevator Effect
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Author : Morgan L. W. Hazelton
language : en
Publisher: Oxford University Press
Release Date : 2023
The Elevator Effect written by Morgan L. W. Hazelton and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.
"The Elevator Effect: Contact and Collegiality in the American Judiciary presents a comprehensive, first of its kind examination of the importance of interpersonal relationships among judges for judicial decisionmaking and legal development. Regarding decisionmaking, the authors demonstrate that more frequent interpersonal contact among judges diminishes the role of ideology in judicial decisionmaking to the point where it is both substantively and statistically imperceptible. This finding stands in stark contrast to judicial decisionmaking accounts that present ideology as an unwavering determinant of judicial choice. With regard to legal development, the book shows that collegiality affects both the language that judges use to express their disagreement with one another and the precedents they choose to support their arguments. Thus, the overriding argument of The Elevator Effect is that collegiality affects nearly every aspect of judicial behavior. The authors draw on an impressive and unique original collection of data since the American founding to untangle the relationship between judges' interpersonal relationships and the law they produce. The Elevator Effect presents a clear and highly readable narrative backed by analysis of judicial behavior throughout the U.S. federal judicial hierarchy to demonstrate that the institutional structure in which judges operate substantially tempers judicial behavior"--
Collective Judging In Comparative Perspective
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Author : Birke Häcker
language : en
Publisher:
Release Date : 2020
Collective Judging In Comparative Perspective written by Birke Häcker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Court administration categories.
This book focuses on the decision-making processes in modern collegiate courts. Judges from some of the world s highest and most significant judicial bodies, both national and supranational, share their experiences and reflect on the challenges to which their joint judicial endeavour gives rise.
Are Judges Political
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Author : Cass R. Sunstein
language : en
Publisher: Rowman & Littlefield
Release Date : 2007-02-01
Are Judges Political written by Cass R. Sunstein and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-01 with Political Science categories.
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.
Diversity Matters
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Author : Susan B. Haire
language : en
Publisher: University of Virginia Press
Release Date : 2015-05-19
Diversity Matters written by Susan B. Haire and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-19 with Political Science categories.
Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts. Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.
The Ways Of A Judge
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Author : Frank Morey Coffin
language : en
Publisher:
Release Date : 1980
The Ways Of A Judge written by Frank Morey Coffin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Biography & Autobiography categories.
Judges On Judging
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Author : David M. O'Brien
language : en
Publisher:
Release Date : 2017
Judges On Judging written by David M. O'Brien and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features "off-the-bench" writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary. "Judges on Judging is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts." --Douglas Edlin, Dickinson College.
Creating The Law
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Author : Michael K. Romano
language : en
Publisher: Routledge
Release Date : 2019-08-30
Creating The Law written by Michael K. Romano and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-30 with Political Science categories.
Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.
Battle Over The Bench
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Author : Amy Steigerwalt
language : en
Publisher: University of Virginia Press
Release Date : 2010-08-16
Battle Over The Bench written by Amy Steigerwalt and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-16 with Political Science categories.
Who gets seated on the lower federal courts and why? Why are some nominees confirmed easily while others travel a long, hard road to confirmation? What role do senators and interest groups play in determining who will become a federal judge? The lower federal courts have increasingly become the final arbiters of the important political and social issues of the day. As a result, who gets seated on the bench has become a major political issue. In Battle over the Bench, Amy Steigerwalt argues that the key to understanding the dynamics of the lower court confirmation process is to examine the process itself. She offers a new analytic framework for understanding when nominations become contested, and shows when and how key actors can influence the fate of nominations and ultimately determine who will become a federal judge. Given the increasing salience of lower court decisions, it is not surprising that interest groups and partisan agendas play an important role. Steigerwalt inventories the means by which senators push through or block nominations, and why interest groups decide to support or oppose certain nominations. The politics of judicial confirmations do not end there, however. Steigerwalt also reveals how many nominees are blocked for private political reasons that have nothing to do with ideology, while senators may use their support for or opposition to nominees as bargaining chips to garner votes for their positions on unrelated issues. Battle over the Bench showcases the complex and, at times, hidden motivations driving the staffing of the federal bench.