The Impact Of Judicial Selection Method On State Supreme Court Policy
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The Impact Of Judicial Selection Method On State Supreme Court Policy
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Author : Daniel R. Pinello
language : en
Publisher: Praeger
Release Date : 1995-10-24
The Impact Of Judicial Selection Method On State Supreme Court Policy written by Daniel R. Pinello and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-10-24 with Law categories.
This unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law—business, criminal procedure, and family law. After examining different theories and surveying the research about judicial selection, this comparative study of policies in six states—Connecticut, New Jersey, Pennsylvania, Rhode Island, Virginia, West Virginia—challenges current assumptions. The author finds that appointed judges prefer the interests of the individual over those of the state in criminal-procedure cases and are the most innovative in business law; that elected judges prefer the interests of the state over the individual; and that legislatively selected judges acquiesce to the policy preferences of other branches of government and are the most inactive in terms of policy initiation. For students and teachers in law, political science, and history; for lawyers and judges; for interest groups concerned about state policy; and for policymakers and other professionals concerned with American government and public administration.
Does Judicial Selection Method Make A Difference
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Author : Daniel Ray Pinello
language : en
Publisher:
Release Date : 1991
Does Judicial Selection Method Make A Difference written by Daniel Ray Pinello and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Judges categories.
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.
Judicial Merit Selection
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Author : Greg Goelzhauser
language : en
Publisher: Temple University Press
Release Date : 2019-02-22
Judicial Merit Selection written by Greg Goelzhauser and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-22 with Political Science categories.
The judicial selection debate continues. Merit selection is used by a majority of states but remains the least well understood method for choosing judges. Proponents claim that it emphasizes qualifications and diversity over politics, but there is little empirical evidence regarding its performance. In Judicial Merit Selection, Greg Goelzhauser amasses a wealth of data to examine merit selection’s institutional performance from an internal perspective. While his previous book, Choosing State Supreme Court Justices, compares outcomes across selection mechanisms, here he delves into what makes merit selection unique—its use of nominating commissions to winnow applicants prior to gubernatorial appointment. Goelzhauser’s analyses include a rich case study from inside a nominating commission’s proceedings as it works to choose nominees; the use of public records to examine which applicants commissions choose and which nominees governors choose; evaluation of which attorneys apply for consideration and which judges apply for promotion; and examination of whether design differences across systems impact performance in the seating of qualified and diverse judges. The results have critical public policy implications.
Judicial Selection In The States
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Author : Herbert M. Kritzer
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-30
Judicial Selection In The States written by Herbert M. Kritzer 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 2020-04-30 with Law categories.
How do legal professionalism and politics influence efforts to structure the process of selecting and retaining state judges?
Standards On State Judicial Selection
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Author : American Bar Association. Commission on State Judicial Selection Standards
language : en
Publisher:
Release Date : 2001
Standards On State Judicial Selection written by American Bar Association. Commission on State Judicial Selection Standards and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Judges categories.
"The Standards on State Judicial Selection were approved by the American Bar Association House of Delegates in July 2000"--Prelim. p.
These Estimable Courts
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Author : Damon M. Cann
language : en
Publisher: Oxford University Press
Release Date : 2016-01-19
These Estimable Courts written by Damon M. Cann 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 2016-01-19 with Political Science categories.
In These Estimable Courts, Damon M. Cann and Jeff Yates explore how citizens feel about the government institutions at the front lines of jurisprudential policy-making in America - our nation's state and local courts. The book's central focus concerns a primary question of governance: why do people support and find legitimate the institutions that govern their lives? Cann and Yates evaluate the factors that drive citizens' support for their state and local courts and that influence peoples' perceptions of the proper role of these courts in our society, as well as how judicial policy-making should be made. A viable democracy depends upon citizen belief in the legitimacy of government institutions. Nowhere is this more evident than in judicial institutions. Courts depend heavily on a reservoir of public good will and institutional legitimacy to get their decrees obeyed by the public and implemented by other policy actors. It enables courts to weather the storm of counter-majoritarian decisions and remain effective governing bodies whose edicts are respected and followed. These Estimable Courts takes advantage of new original survey data to evaluate citizens' beliefs about the legitimacy of state courts as well as a number of important related concerns. These include peoples' views concerning how judges decide cases, the role of judges and courts in policy-making, the manner in which we select judges, and finally, the dynamics of citizens' views regarding compliance with the law and legal institutions.
Choosing State Supreme Court Justices
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Author : Greg Goelzhauser
language : en
Publisher: Temple University Press
Release Date : 2016-06-15
Choosing State Supreme Court Justices written by Greg Goelzhauser and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-15 with Law categories.
Since 1940, more than half of all states have switched at least in part from popular election or elite appointment to experiment with merit selection in choosing some or all of their state supreme court justices. Under merit selection, a commission—often comprising some combination of judges, attorneys, and the general public—is tasked with considering applications from candidates vying to fill a judicial vacancy. Ostensibly, the commission forwards the best candidates to the governor, who ultimately appoints them. Presently, numerous states are debating whether to adopt or abolish merit selection. In his short, sharp book, Choosing State Supreme Court Justices, Greg Goelzhauser utilizes new data on more than 1,500 state supreme court justices seated from 1960 through 2014 to answer the question, Does merit selection produce better types of judges? He traces the rise of merit selection and explores whether certain judicial selection institutions favor candidates who have better qualifications, are more diverse, and have different types of professional experience. Goelzhauser’s results ultimately contribute to the broader debate concerning comparative institutional performance with respect to state judicial selection.
The Judicial Process
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Author : Christopher P. Banks
language : en
Publisher: CQ Press
Release Date : 2015-02-19
The Judicial Process written by Christopher P. Banks and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-19 with Political Science categories.
The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
The Oxford Handbook Of Law And Politics
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Author : Keith E. Whittington
language : en
Publisher: OUP Oxford
Release Date : 2010-06-11
The Oxford Handbook Of Law And Politics written by Keith E. Whittington and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-11 with Political Science categories.
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.