The U S Supreme Court And The Modern Common Law Approach To Judicial Decision Making
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The U S Supreme Court S Modern Common Law Approach To Judicial Decision Making
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Author : Simona Grossi
language : en
Publisher:
Release Date : 2015
The U S Supreme Court S Modern Common Law Approach To Judicial Decision Making written by Simona Grossi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Conflict of laws categories.
This book studies the U.S. Supreme Court and its common law approach to judicial decision making from a national and transnational perspective.
The U S Supreme Court And The Modern Common Law Approach To Judicial Decision Making
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Author : Simona Grossi
language : en
Publisher:
Release Date : 2015
The U S Supreme Court And The Modern Common Law Approach To Judicial Decision Making written by Simona Grossi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The U S Supreme Court And The Modern Common Law Approach
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Author : Simona Grossi
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-05
The U S Supreme Court And The Modern Common Law Approach written by Simona Grossi 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 2015-02-05 with Law categories.
This book studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's modern approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, an approach that often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules and treats these principles and rules as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, beginning with established legal standards - but also including the insights derived from deductive and inductive reasoning, the lessons learned from history and custom - and ending with an examination of the social and economic consequences of the decision. Under this model, the considerations taken to reach a specific result should be articulated through a process that considers various hypotheses, arguments, confutations, and confirmations, and they should be shared with the public.
Decision Making By The Modern Supreme Court
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Author : Richard L. Pacelle, Jr
language : en
Publisher: Cambridge University Press
Release Date : 2011-06-13
Decision Making By The Modern Supreme Court written by Richard L. Pacelle, Jr 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 2011-06-13 with Political Science categories.
There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.
The Supreme Court In The American Legal System
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Author : Jeffrey A. Segal
language : en
Publisher: Cambridge University Press
Release Date : 2005-08
The Supreme Court In The American Legal System written by Jeffrey A. Segal 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 2005-08 with Law categories.
This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.
Law And The Modern Mind
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Author : Jerome Frank
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-12
Law And The Modern Mind written by Jerome Frank and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-12 with Law categories.
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Supreme Court Decision Making
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Author : Cornell W. Clayton
language : en
Publisher: University of Chicago Press
Release Date : 1999
Supreme Court Decision Making written by Cornell W. Clayton and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
Common Law And Modern Society
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Author : Mary Arden
language : en
Publisher: Oxford University Press
Release Date : 2015
Common Law And Modern Society written by Mary Arden 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 with Law categories.
Law is a lasting social institution, but it must also be responsive to change. In this volume Mary Arden draws upon her experience to examine how judge-made law adapts to the evolving demands of society, how law reform works in practice, and the future of the judiciary in our diverse modern culture.
The Supreme Court
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Author : Tom S. Clark
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-14
The Supreme Court written by Tom S. Clark 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 2019-03-14 with History categories.
Provides a quantitative history of the development of constitutional law in the United States during the past 150 years.
Apex Courts And The Common Law
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Author : Paul Daly
language : en
Publisher: University of Toronto Press
Release Date : 2019-04-26
Apex Courts And The Common Law written by Paul Daly and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-26 with Law categories.
For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.