Judging Policy
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Judging Policy
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Author : Matthew M. Taylor
language : en
Publisher: Stanford University Press
Release Date : 2008-02-26
Judging Policy written by Matthew M. Taylor and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-26 with Political Science categories.
Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts? Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes. Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.
Judging Law And Policy
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Author : Robert M. Howard
language : en
Publisher: Routledge
Release Date : 2012-03-22
Judging Law And Policy written by Robert M. Howard and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
Judging Economic Policy
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Author : Richard J Sweeney
language : en
Publisher: Routledge
Release Date : 2021-11-28
Judging Economic Policy written by Richard J Sweeney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-28 with History categories.
In this engaging volume, the editors present the influential work of economist Gottfried Haberler, whom Paul Samuelson judges qualified for about two-and-a-half Nobel prizes in economics. Throughout the book, Haberlers essays reveal the clarity of his analyses and his ability to identify crucial policy choices, whether grappling with issues of inflation, unemployment, trade, or development. Presenting Haberler as the eclectic economist he is, the editors show that far from being an ideologue, Haberler is an economist who uses whatever approaches and theories are appropriate for the problems he considers. Paul Samuelson judges that Gottfried Haberlers work should qualify him for about two-and-a-half Nobel Prizes in economicsone for his quantum improvement in trade theory beyond Ricardos paradigm of labors comparative advantage, one for his definitive synthesis of business cycle theory, and beyond these his policy wisdom over a period of six decades. It is Haberlers policy wisdom that serves as the basis for this comprehensive collection of the eminent economists work.Throughout the book, Haberlers contributions demonstrate the clarity of his analyses for exploring the complex economics of policy issues and for identifying key governmental responses to problems of unemployment, trade, and development. Presenting Haberler as the eclectic economist he is, the editors show that far from being an ideologue, Haberler is an economist who uses whatever approaches and theories are appropriate for the problems he considers. The portrait that emerges is one of a multifaceted thinker, able to choose freely among competing theories and to effectively apply them to complex and demanding policy issues.
Judges On Judging
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Author : David M. O'Brien
language : en
Publisher: CQ Press
Release Date : 2016-05-20
Judges On Judging written by David M. O'Brien and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-20 with Political Science 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 written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.
Women Judging And The Judiciary
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Author : Erika Rackley
language : en
Publisher: Routledge
Release Date : 2013
Women Judging And The Judiciary written by Erika Rackley and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.
Judging Inequality
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Author : James L. Gibson
language : en
Publisher: Russell Sage Foundation
Release Date : 2021-08-31
Judging Inequality written by James L. Gibson and has been published by Russell Sage Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Political Science categories.
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
Making Good Law Or Good Policy
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Author : Raymond V. Carman
language : en
Publisher: Springer
Release Date : 2017-03-06
Making Good Law Or Good Policy written by Raymond V. Carman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-06 with Political Science categories.
This book uses role theory to analyze the judicial decisions made by state supreme court judges. Grounded in the fields of anthropology, business management, psychology, and sociology, role theory holds that, for each position an individual occupies in society, he or she creates a role orientation, or a belief about the limits of proper behavior. Judicial role orientation is conceptualized as the stimuli that a judge feels can legitimately be allowed to influence his or her decision-making and, in the case of conflict among influences, what priorities to assign to different decisional criteria. This role orientation is generally seen as existing on a spectrum ranging from activist to restraintist. Using multi-faceted data collection and empirical testing, this book discusses the variation in judges’ role orientations, the role that personal institutional structure and judges' backgrounds play in determining judicial orientations, and the degree to which judges’ orientations affect their decision-making. The first study to provide cross-institutional research on state supreme court judges, this book expands and advances the literature on judicial role orientation. As such, this book will be of interest to graduate students and researchers studying political science, public policy, law, and the courts.
The Art Of Judging
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Author : James Edward Bond
language : en
Publisher:
Release Date : 1987
The Art Of Judging written by James Edward Bond and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Constitutional law categories.
Judging Science
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Author : Kenneth R. Foster
language : en
Publisher: MIT Press
Release Date : 1999
Judging Science written by Kenneth R. Foster and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Attempting to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability. What is scientific knowledge and when is it reliable? These deceptively simple questions have been the source of endless controversy. In 1993, the Supreme Court handed down a landmark ruling on the use of scientific evidence in federal courts. Federal judges may admit expert scientific evidence only if it merits the label scientific knowledge. The testimony must be scientifically reliable and valid. This book is organized around the criteria set out in the 1993 ruling. Following a general overview, the authors look at issues of fit--whether a plausible theory relates specific facts to the larger factual issues in contention; philosophical concepts such as the falsifiability of scientific claims; scientific error; reliability in science, particularly in fields such as epidemiology and toxicology; the meaning of scientific validity; peer review and the problem of boundary setting; and the risks of confusion and prejudice when presenting science to a jury. The book's conclusion attempts to reconcile the law's need for workable rules of evidence with the views of scientific validity and reliability that emerge from science and other disciplines.
Promoting Value In The Public Interest Informing Policies For Judging Value In Evaluation
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Author : George Julnes
language : en
Publisher: John Wiley & Sons
Release Date : 2012-04-10
Promoting Value In The Public Interest Informing Policies For Judging Value In Evaluation written by George Julnes and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-10 with Education categories.
Do you make evidence-based decisions when designing and conducting evaluations, and use methods validated by experience? Because of the growing importance of evidence-based decision-making for improving programs and policies, this issue examines methods selection: Which is better? How can one be improved? Are the results of the project worth the resources expended? and how that leads to confidence in value-based conclusions. It presents a constructive dialogue on valuing in evaluation, with the goal of developing a pragmatic approach for guiding method choice and for promoting methodology policies that support multiple approaches to valuation being employed in context-appropriate ways so as to serve the public interest. This is the 133rd volume of the Jossey-Bass quarterly report series New Directions for Evaluation, an official publication of the American Evaluation Association.