The Lawyer Judge Bias In The American Legal System
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The Lawyer Judge Bias In The American Legal System
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Author : Helen and Charles Lockett Distinguished Professor of Law Benjamin H Barton
language : en
Publisher:
Release Date : 2014-05-14
The Lawyer Judge Bias In The American Legal System written by Helen and Charles Lockett Distinguished Professor of Law Benjamin H Barton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with LAW categories.
Explores the far-reaching effects on American law of bias amongst lawyers and judges towards the legal profession in their decision-making.
The Lawyer Judge Bias In The American Legal System
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Author : Benjamin H. Barton
language : en
Publisher: Cambridge University Press
Release Date : 2010-12-31
The Lawyer Judge Bias In The American Legal System written by Benjamin H. Barton 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 2010-12-31 with Law categories.
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
A Penchant For Prejudice
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Author : Linda G. Mills
language : en
Publisher: University of Michigan Press
Release Date : 1999
A Penchant For Prejudice written by Linda G. Mills and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Challenges the meaning of impartiality in the judicial system
Enhancing Justice
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Author : Sarah E. Redfield
language : en
Publisher:
Release Date : 2017
Enhancing Justice written by Sarah E. Redfield and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Bias (Law) categories.
Glass Half Full
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Author : Benjamin H. Barton
language : en
Publisher: Oxford University Press
Release Date : 2015-05-15
Glass Half Full written by Benjamin H. Barton 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 2015-05-15 with Law categories.
The hits keep coming for the American legal profession. Law schools are churning out too many graduates, depressing wages, and constricting the hiring market. Big Law firms are crumbling, as the relentless pursuit of profits corrodes their core business model. Modern technology can now handle routine legal tasks like drafting incorporation papers and wills, reducing the need to hire lawyers; tort reform and other regulations on litigation have had the same effect. As in all areas of today's economy, there are some big winners; the rest struggle to find work, or decide to leave the field altogether, which leaves fewer options for consumers who cannot afford to pay for Big Law. It would be easy to look at these enormous challenges and see only a bleak future, but Ben Barton instead sees cause for optimism. Taking the long view, from the legal Wild West of the mid-nineteenth century to the post-lawyer bubble society of the future, he offers a close analysis of the legal market to predict how lawyerly creativity and entrepreneurialism can save the profession. In every seemingly negative development, there is an upside. The trend towards depressed wages and computerized legal work is good for middle class consumers who have not been able to afford a lawyer for years. The surfeit of law school students will correct itself as the law becomes a less attractive and lucrative profession. As Big Law shrinks, so will the pernicious influence of billable hours, which incentivize lawyers to spend as long as possible on every task, rather than seeking efficiency and economy. Lawyers will devote their time to work that is much more challenging and meaningful. None of this will happen without serious upheaval, but all of it will ultimately restore the health of the faltering profession. A unique contribution to our understanding of the legal crisis, the unconventional wisdom of Glass Half Full gives cause for hope in what appears to be a hopeless situation.
The Credentialed Court
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Author : Benjamin H. Barton
language : en
Publisher: Encounter Books
Release Date : 2022-03-08
The Credentialed Court written by Benjamin H. Barton and has been published by Encounter Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-08 with Law categories.
The Credentialed Court starts by establishing just how different today’s Justices are from their predecessors. The book combines two massive empirical studies of every Justice’s background from John Jay to Amy Coney Barrett with short, readable bios of past greats to demonstrate that today’s Justices arrive on the Court with much narrower experiences than they once did. Today’s Justices have spent more time in elite academic settings (both as students and faculty) than any previous Court. Every current Justice but Barrett attended either Harvard or Yale Law School, and four of the Justices were tenured professors at prestigious law schools. They also spent more time as Federal Appellate Court Judges than any previous Court. These two jobs (tenured law professor and appellate judge) share two critical components: both jobs are basically lifetime appointments that involve little or no contact with the public at large. The modern Supreme Court Justices have spent their lives in cloistered and elite settings, the polar opposite of past Justices. The current Supreme Court is packed with a very specific type of person: type-A overachievers who have triumphed in a long tournament measuring academic and technical legal excellence. This Court desperately lacks individuals who reflect a different type of “merit.” The book examines the exceptional and varied lives of past greats from John Marshall to Thurgood Marshall and asks how many, if any, of these giants would be nominated today. The book argues against our current bookish and narrow version of meritocracy. Healthier societies offer multiple different routes to success and onto bodies like our Supreme Court.
Ivy League Justice
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Author : Benjamin H. Barton
language : en
Publisher:
Release Date : 2022-01-03
Ivy League Justice written by Benjamin H. Barton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-03 with Law categories.
"Our Cloistered, Elite Supreme Court starts by establishing just how different today's Justices are from their predecessors. The book combines two massive empirical studies of every Justices' background from John Jay to Amy Coney Barrett with short, readable bios of past greats to demonstrate that today's Justices arrive on the Court with much narrower experiences than they once did. The modern Supreme Court specializes in cloistered and elite lives. Today's Justices have spent more time in elite academic settings (both as students and faculty) than any previous Courts. Every Justice but Barrett attended either Harvard or Yale Law School, and four of the Justices were tenured professors at prestigious law schools. They also spent more time as Federal Appellate Court Judges than any previous Courts. These two jobs (tenured law professor and appellate judge) share two critical components: both jobs are basically lifetime appointments that involve little or no contact with the public at large. The current Supreme Court is packed with a very specific type of person: type-A overachievers who have triumphed in a long tournament measuring academic and technical legal excellence. This Court desperately lacks individuals who reflect a different type of "merit." The book examines the exceptional and varied lives of past greats from John Marshall to Thurgood Marshall and asks how many, if any, of these giants would be nominated today. The book argues against our current bookish and narrow meritocracy. Healthier societies offer multiple different routes to success and onto bodies like our Supreme Court"--
How Judges Judge
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Author : Brian M. Barry
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-26
How Judges Judge written by Brian M. Barry and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
The Judicial System
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Author : Michael C. LeMay
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2022-05-18
The Judicial System written by Michael C. LeMay and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-18 with Law categories.
The Judicial System: A Reference Handbook provides an authoritative and accessible one-stop resource for understanding the U.S. judicial system and its place in the fabric of American government and society. The American judicial system plays a central role in setting and enforcing the legal rules under which the people of the United States live. U.S. courts and laws, though, are complex and often criticized for bias and other alleged shortcomings, The U.S. Supreme Court has emerged as a particular focal point of political partisanship and controversy, both in terms of the legal decisions it hands down and the makeup of its membership. Like other books in the Contemporary World Issues series, this volume comprises seven chapters. Chapter 1 presents the origins, development, and current characteristics of the American judicial system. Chapter 2 discusses problems and controversies orbiting around the U.S. justice system today. Chapter 3 features a wide-ranging collection of essays that examine and illuminate various aspects of the judicial system. Chapter 4 profiles influential organizations and people related to the justice system, and Chapter 5 offers relevant data and documents about U.S. courts. Chapter 6 is composed of an annotated list of important resources, while Chapter 7 offers a useful chronology of events.
Rebooting Justice
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Author : Benjamin H. Barton
language : en
Publisher: Encounter Books
Release Date : 2017-08-01
Rebooting Justice written by Benjamin H. Barton and has been published by Encounter Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-01 with Law categories.
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.