Law Clerks And The Judicial Process
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Law Clerks And The Judicial Process
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Author : John B. Oakley
language : en
Publisher: Univ of California Press
Release Date : 2024-07-26
Law Clerks And The Judicial Process written by John B. Oakley and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-26 with Law categories.
This is the first in-depth empirical and historical study of the use of law clerks by American judges. Although possessing a hundred-year heritage, the institution has been ignored as an important component of the process of judicial decision-making. Law clerks are, in the authors' words, "subordinate, anonymous, but often quite powerful lawyers who function as the non-commissioned officers in the army of the judiciary." American courts are currently altering the traditional use of law clerks through the introduction of important innovations that enhance the ability of judges to dispose of cases rapidly but detract from personal judicial control over individual decisions. The authors investigate the clash of tradition and innovation through interviews with sixty-three judges of federal courts and appellate courts in California. They find distinctly different models of law clerk usage in the state and federal systems, which they analyze on the basis of the judges' own perceptions of the qualitative and quantitive impact on their decision of variations in the character, tenure, and duties of staff assistants. They offer suggestions on how modern courts can cope with the "crisis of volume" without unduly sacrificing traditional standards of judicial autonomy. Because of the confidential nature of judicial deliberations, judges are rarely willing to discuss publicly their use of law clerks. This study employs unconventional techniques for penetrating the secrecy of judicial chambers while respecting the confidentiality and the individuality of its sources. It presents important new information on the internal operating procedures of the courts studies, collating interview data with facts abstracted from pre-existing but often obscure sources, and providing a particularly close look at the inner workings of the Supreme Court of California and the United States Court of Appeals for the Ninth Circuit. Revealing the significance of public funding of judicial staff in determining patterns of law clerk usage, it should promote further investigation and debate regarding the proper structure and role of staff assistance in the judicial process. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1980.
Law Clerk Handbook
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Author : Syl Sobel
language : en
Publisher:
Release Date : 2007
Law Clerk Handbook written by Syl Sobel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Government publications categories.
Judicial Process In America
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Author : Robert A. Carp
language : en
Publisher: CQ Press
Release Date : 2022-03-02
Judicial Process In America written by Robert A. Carp and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-02 with Political Science categories.
Judicial Process in America, Twelfth Edition, by Robert Carp, Kenneth Manning, and Lisa Holmes is a market-leading and comprehensive textbook for both academic and general audiences. The book explains the link between the courts, public policy, and the political environment. Considering the courts from every level, the authors cover judges, lawyers, litigants, and the variables at play in the judicial decision-making process, the impact of those decisions on American citizens, and what the consequences are for the United States today.
Proactive And Powerful
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Author : Gunnar Grendstad
language : en
Publisher:
Release Date : 2019-11-27
Proactive And Powerful written by Gunnar Grendstad and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-27 with Courts of last resort categories.
Click here to read an interview with Gunnar Grendstad and Jørn Øyrehagen Sunde about the book in Juristen; a Norwegian journal. Norway's Supreme Court is one of the most powerful Supreme Courts in Europe. This position is in large parts due to the role and expansion of the law clerks on the Court. Beginning in 1957 with a single clerk, the number of law clerks has increased dramatically. Today, the clerks outnumber the justices, and their tasks have expanded considerably. In 1957 the task was to prepare civil appeals. Today, clerks assist in most stages of the Court's decisional process, including the writing of the final decision. The expansion and institutionalisation of the clerk unit have enabled the justices to commence on policymaking and on developing the law. The law clerks have been key in the development of a more proactive and powerful Norwegian Supreme Court. This book is the first comprehensive study of law clerks in a European Supreme Court. It will be valuable to lawyers, historians and political scientists who care about the expanding role of courts and the impact of courts on politics, society, and the legal system.
Law Clerk Handbook
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Author : Alvin B. Rubin
language : en
Publisher:
Release Date : 1989
Law Clerk Handbook written by Alvin B. Rubin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law clerks categories.
In Chambers
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Author : Jennifer L. Sheppard
language : en
Publisher: Aspen Publishing
Release Date : 2014-10-30
In Chambers written by Jennifer L. Sheppard and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-30 with Law categories.
In Chambers is a refreshingly brief and focused book that addresses the key concepts and basic skills clerks and externs need to have on day one. It explains rudimentary tasks, such as reading a docket sheet and working with a case file, and offers detailed instructions on drafting jury instructions. Sources of authority commonly relied upon by the courts are identified for specific topics, and a helpful note-taking system is provided. Standards of review are covered in detail, including the standard for mixed questions of fact and law. Useful checklists are provided as well for drafting documents. Exercises at the end of chapters evaluate the reader’s comprehension and application of the materials. The text of In Chambers is informed by the author's own experience as a judicial clerk as well as her involvement with the externship programs at Appalachian School of Law and Mercer University School of Law. Features: Addresses key concepts and basic skills that clerks and externs need to have on day one Explains rudimentary tasks reading a docket sheet working with a case file Offers detailed instructions on drafting jury instructions Identifies sources of authority commonly relied upon by the courts in specific areas Provides a helpful note-taking system Explains standards of review in detail includes standard for mixed questions of fact and law Includes checklists for drafting documents Features chapter-ending exercises evaluate the reader's comprehension apply materials to real situations Informed by author's experience served as a judicial clerk involved in the externship programs at Appalachian School of Law and Mercer University School of Law
Judicial Process In America
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Author : Robert A. Carp
language : en
Publisher:
Release Date : 1993
Judicial Process In America written by Robert A. Carp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Law Clerk Handbook
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Author : Anthony M. DiLeo
language : en
Publisher:
Release Date : 1977
Law Clerk Handbook written by Anthony M. DiLeo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Clerks of court categories.
The Judicial Process
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Author : Henry Julian Abraham
language : en
Publisher: Oxford University Press, USA
Release Date : 1980
The Judicial Process written by Henry Julian Abraham and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
This classic text examines the theory, practice, and people behind the judicial process. The new seventh edition brings the work completely up to date by examining important developments and structural changes in three judicial systems, up through the end of 1997, including judicial appointments during the Bush and Clinton administrations; significant alterations in the structure and organization of the United States, British, French, and other European courts, with an emphasis on the ongoing changes in the judiciary of the United Kingdom; and the collateral developments on the frontiers of judicial review procedures as well as the judicial role.
American Judicial Process
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Author : Pamela C. Corley
language : en
Publisher: Routledge
Release Date : 2015-09-25
American Judicial Process written by Pamela C. Corley and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-25 with Political Science categories.
This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.