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The Amicus Brief

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The Amicus Brief

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Author : Reagan William Simpson
language : en
Publisher: American Bar Association
Release Date : 2004

The Amicus Brief written by Reagan William Simpson and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.

First edition, 1998, had subtitle : How to write it and use it effectively.

The Amicus Brief

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Author : Reagan William Simpson
language : en
Publisher: American Bar Association
Release Date : 1998

The Effect Of Amicus Curiae Briefs On The United States Supreme Court

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Author : Rachel Harrison
language : en
Publisher:
Release Date : 2018

The Effect Of Amicus Curiae Briefs On The United States Supreme Court written by Rachel Harrison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.

Over the course of the twentieth century, there has been a substantial increase in the number of amicus curiae briefs filed in the Supreme Court. These briefs provide the justices with important information from third parties regarding a case. Oftentimes, amicus briefs work to persuade the justices to decide a case in a certain manner. The government, interest groups, private citizens, and foreign entities all file these briefs. Through filing these briefs, they seek to promote their interests and viewpoints to the Court. As amicus brief participation has increased, the Court has been able to hear the opinions of individuals and entities it otherwise would not have been privy to. The United States Supreme Court is also the most insulated branch of government from public opinion, due to in part by the life-time tenures of the justices on the Court. This allows the members of the Court to make rulings without regard for public backlash or fear of being removed from the bench. These factors have led to research into what instances is the Court more or less likely to listen to the opinions of the amicus brief filers. Variables coded include the amount of language that the Court includes in its majority opinions from the filed amicus curiae briefs, whether the Court cites amicus briefs in the footnotes of its majority opinion, whether the brief filer is a public or private entity, the decision of the lower court, and the ideological direction of the Supreme Courts decision in order to develop a better understanding of how influential these brief filers actually are to the Court. The results of this study indicate that there is a statistically significant relationship between the partisanship of the amicus brief filer and the majority decision of the Court. The decision of the lower court also had a statistically significant and negative relationship with the majority opinion of the Court, which demonstrates that there is a greater likelihood that the justices will overturn the decision of the lower court and produce an ideologically opposite majority opinion. The United States Solicitor General also had a high amicus brief success rate. Of the fifteen cases in which the Solicitor General filed an amicus brief, ten of the majority opinions of the Court reflected the same ideology set forth by the Solicitor Generals amicus brief.

The Amicus Curiae In International Criminal Justice

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Author : Sarah Williams
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-06

The Amicus Curiae In International Criminal Justice written by Sarah Williams and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-06 with Law categories.

The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions. This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.

The Amicus Brief

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Author : Reagan William Simpson
language : en
Publisher: American Bar Association
Release Date : 2015

This incisive publication provides guidance on writing and understanding amicus briefs, with practical suggestions on all aspects of the amicus practice.

The Amicus Curiae Phenomenon

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Author : Shai Farber
language : en
Publisher: Springer
Release Date : 2024-10-04

The Amicus Curiae Phenomenon written by Shai Farber and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-04 with Law categories.

This book offers a thorough analysis of the Amicus Curiae phenomenon, emphasizing its critical role in modern legal systems. The book reveals how these interventions influence judicial decisions, legislative processes, and societal norms by presenting third-party perspectives through amicus briefs. Delving into the historical development and global adoption of Amicus Curiae, the book provides insights into its benefits and drawbacks. Readers will learn about the various types of amici, the breadth of issues they address, and the diverse courts that accept these briefs. The author's extensive research and case studies from multiple legal systems highlight the transformative power of third-party interventions in ensuring justice and public transparency. The book explores real-world examples where amicus briefs have played pivotal roles in landmark cases, from human rights advancements to environmental protections. It discusses the strategic importance of these briefs and how they democratize the legal process by allowing more voices to be heard. By fostering a deeper understanding of the complexities and significance of Amicus Curiae, this book empowers readers to appreciate the intricate interplay between law and societal change. Ideal for legal professionals, academics, and anyone interested in law and society, this book is an essential guide to understanding the impact of Amicus Curiae on the judicial process. Whether you are a seasoned lawyer, a policymaker, or a curious reader, this book provides a comprehensive and engaging exploration of one of the most influential elements in contemporary jurisprudence.

The Oxford Handbook Of Legal History

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Author : Markus D. Dubber
language : en
Publisher: Oxford University Press
Release Date : 2018-08-02

The Oxford Handbook Of Legal History written by Markus D. Dubber 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 2018-08-02 with Law categories.

Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

The Amicus Curiae Brief In The United States Supreme Court

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Author : Douglas D. McFarland
language : en
Publisher:
Release Date : 1968

The Amicus Curiae Brief In The United States Supreme Court written by Douglas D. McFarland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with categories.

Amicus Curiae Before International Courts And Tribunals

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Author : Astrid Wiik
language : en
Publisher: Nomos Verlag
Release Date : 2018-03-19

Amicus Curiae Before International Courts And Tribunals written by Astrid Wiik and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-19 with Law categories.

Seit Ende der 90er Jahre wächst die Teilnahme von amici curiae in Verfahren vor internationalen Gerichten und Schiedsgerichten, obwohl Umfang, Funktion und Mehrwert des amicus curiae und die Folgen seiner Einbindung für Verfahren und die internationale Streitbeilegung kaum untersucht worden sind. Dieses Werk unternimmt eine umfassende empirische Bestandsaufnahme des Instruments in der völkerrechtlichen Streitbeilegung. Es definiert und ordnet das Instrument ein in das Völkerprozessrecht. Darüber hinaus prüft die Arbeit, ob die Teilnahme von amici curiae von Nutzen oder Schaden ist für Verfahren und inzident für die internationale Streitbeilegung insbesondere, ob amicus curiae Schriftsätze in Urteilen Berücksichtigung finden, und ob amici curiae effiziente Vertreter öffentlicher Interessen sind, die Legitimität und Transparenz internationaler Gerichte und ihrer Urteile erhöhen, und die Kohärenz der Völkerrechts stärken.

Oral Argument And Amicus Curiae

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Author : Matthew M.C. Roberts
language : en
Publisher: LFB Scholarly Publishing
Release Date : 2014-05-14

Oral Argument And Amicus Curiae written by Matthew M.C. Roberts and has been published by LFB Scholarly Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Amici curiae categories.

Members of the Supreme Court are supposed to base decisions on the law, but often their choices are better explained by political ideology and party loyalty. Roberts sheds light on this problem by looking at a part of the CourtOCOs life that has never been systematically studied. Most cases feature extra briefs written by third parties known as amici curiae. He examines the rare occasions on which the Court allows these extra groups to participate not just by filing briefs but by appearing before the Court during oral arguments. By tracing how these groups influence the justicesOCO behavior, Roberts presents a strong case that the Court is driven by more than politics."

The Amicus Brief

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