The Legacy Of Judicial Policy Making
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Judicial Policy Making
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Author : Glendon A. Schubert
language : en
Publisher: Glenview, Ill : Scott, Foresman
Release Date : 1974
Judicial Policy Making written by Glendon A. Schubert and has been published by Glenview, Ill : Scott, Foresman this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Law categories.
The Politics Of Federal Judicial Administration
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Author : Peter Graham Fish
language : en
Publisher: Princeton University Press
Release Date : 2015-03-08
The Politics Of Federal Judicial Administration written by Peter Graham Fish and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-08 with Law categories.
Although administrative policy-making is overshadowed by the drama of judicial decision-making, it is a vital part of the judicial process. Peter Graham Fish examines the structure and legislative history of the various institutions of the federal judicial administration, their development, and their operation. He focuses on the lower courts to show that, although it is delimited by a network of formal institutions, the federal judicial administration is characterized by informality and voluntarism and depends, as he emphasizes, on the roles played by individual judges. As administrators, judges become deeply involved in politics, and Peter Graham Fish concentrates on the politics of the national judicial administration. Within this framework he raises enduring issues: Shall local federal judges be wholly independent or must they conform to uniform standards of law and administration? Shall administration be separate and diffused or united and centralized? Shall politics be superior or subordinate to so-called standards of "'efficiency"? Shall the interests of trial judges prevail over or be subordinate to the regional and national interests of appellate judges? How shall money, manpower, jurisdictional, and structural changes be distributed among the courts? To what extent, if any, should judges modify their behavior or institutions to meet external criticism? Originally published in 1973. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Judicial Process And Judicial Policymaking
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Author : George Alan Tarr
language : en
Publisher:
Release Date : 2023-11
Judicial Process And Judicial Policymaking written by George Alan Tarr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11 with Courts categories.
"An excellent introduction to judicial politics as a method of analysis, the seventh edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: 1. Courts in the United States have always played an important role in governing and their role has increased in recent decades; 2. Judicial policymaking is a distinctive activity; 3. Courts make policy in a variety of ways; and 4. Courts may be the objects of public policy, as well as creators"--
The Legacy Of Judicial Policy Making
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Author : Elizabeth Warren
language : en
Publisher:
Release Date : 1988
The Legacy Of Judicial Policy Making written by Elizabeth Warren and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.
The Political Role Of The Courts
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Author : Glendon Schubert
language : en
Publisher:
Release Date : 1965
The Political Role Of The Courts written by Glendon Schubert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1965 with Courts categories.
Judicial Policy Making And The Modern State
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Author : Malcolm M. Feeley
language : en
Publisher: Cambridge University Press
Release Date : 1998-06-13
Judicial Policy Making And The Modern State written by Malcolm M. Feeley 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 1998-06-13 with Social Science categories.
Between 1965 and 1990, federal judges in almost all of the states handed down sweeping rulings that affected virtually every prison and jail in the United States. Without a doubt judges were the most important prison reformers during this period. This book provides an account of this process, and uses it to explore the more general issue of the role of courts in the modern bureaucratic state. It provides detailed accounts of how the courts formulated and sought to implement their orders, and how this action affected the traditional conception of federalism, separation of powers, and the rule of law.
Judicial Policy Making And The Modern State
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Author : Malcolm M. Feeley
language : en
Publisher: Cambridge University Press
Release Date : 2000-03-28
Judicial Policy Making And The Modern State written by Malcolm M. Feeley 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 2000-03-28 with Law categories.
Investigates the role of federal judges in prison reform, and policy making in general.
The Judicialization Of Politics In Canada And The Policy Legacy Of The Mclachlin Court 2000 2017
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Author : Marianna Callocchia
language : en
Publisher:
Release Date : 2020
The Judicialization Of Politics In Canada And The Policy Legacy Of The Mclachlin Court 2000 2017 written by Marianna Callocchia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Since the birth of the Charter of Rights and Freedoms in 1982, the Supreme Court has been charged with being an extremely activist Court responsible for initiating fundamental policy reform via its remedial powers (s. 24(1)). Relatively few studies exist, however, which attempt to evaluate the truth of these claims. Stated differently, few have studied whether judicial invalidation actually results in fundamental policy change. Utilizing dialogue theory as the framework of analysis, complemented with a modified approach to Matthew Hall's (2010) theory of final appellate courts as 'implementer-dependent' institutions, the study attempts to fill this gap. By conducting six case studies of salient and controversial issues of public policy, and by analyzing the corresponding legislative sequels introduced by federal or provincial governments in response to judicial invalidation, the study attempts to measure the policy impact and legacy of the McLachlin Court, and to understand the conditions under which the Supreme Court behaves as a powerful policymaking institution. The thesis demonstrates that the Court's policy clout is contingent on whether the federal or provincial legislatures, as the designers and implementers of public policy, create conditions favorable to judicial policymaking and the judicialization of politics. The findings illustrate that, given the right set of circumstances - namely when the Court delivers a decision that proves to be unpopular with the non-judicial actors responsible for enforcing the judicial ruling, and, as a result, when the responsible legislature introduces reply legislation that challenges, or ineffectively implements, the Court's decision - judicial power will be rather limited.
Judicial Policies
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Author : Bradley C. Canon
language : en
Publisher: CQ Press
Release Date : 1999
Judicial Policies written by Bradley C. Canon and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Education categories.
Widely praised in its first edition fourteen years ago and now thoroughly updated in a new edition, Judicial Policies assesses the implementation, impact, and consequences of judicial rulings. It systematically explores the effects of judicial decisions on the people who carry them out, and the individuals and organizations who feel their impact. This second edition discusses and responds to the significant research that has been published since the first edition appeared. Arguing that judicial policies in the United States are substantially influenced by how the courts and other political actors respond, authors Canon and Johnson employ a heuristic model of different populations and their responses to judicial decisions as a means of: explaining the implementation of judicial policies as a political process, examining the events that usually follow judicial decisions, and organizing the literature in the field. The concluding chapter addresses the important question of whether the judiciary actually makes a difference in the American political system. Canon and Johnson delineate examples where the courts have clearly had an impact and those where they have had little influence.
The Pioneers Of Judicial Behavior
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Author : Nancy L. Maveety
language : en
Publisher: University of Michigan Press
Release Date : 2009-11-16
The Pioneers Of Judicial Behavior written by Nancy L. Maveety 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 2009-11-16 with Law categories.
In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro. Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial behavior--attitudinal, strategic, and historical-institutionalist--and shows how the research of these foundational scholars has contributed to contemporary debates about how to conceptualize judges as policy makers. Chapters utilize correspondence of and interviews with some early scholars, and provide a format to connect the concerns and controversies of the first political scientists of law and courts to contemporary challenges and methodological debates among today's judicial scholars. The volume's purpose in looking back is to look forward: to contribute to an ecumenical research agenda on judicial decision making, and, ultimately, to the generation of a unified, general theory of judicial behavior. The Pioneers of Judicial Behavior will be of interest to graduate students in the law and courts field, political scientists interested in the philosophy of social science and the history of the discipline, legal practitioners and researchers, and political commentators interested in academic theorizing about public policy making. Nancy L. Maveety is Associate Professor of Political Science, Tulane University.