Courts And Diversity

Author : Susan B. Haire,Laura P. Moyer
Publisher : University of Virginia Press
Page : 216 pages
File Size : 52,9 Mb
Release : 2015-05-19
Category : Political Science
ISBN : 9780813937199

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Diversity Matters by Susan B. Haire,Laura P. Moyer Pdf

Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts. Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 41,5 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Author : Adam Dodek,Lorne Sossin
Publisher : Unknown
Page : 641 pages
File Size : 55,5 Mb
Release : 2010
Category : Law
ISBN : 1552211959

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Judicial Independence in Context by Adam Dodek,Lorne Sossin Pdf

Judicial Independence in Context is a collection of essays by leading scholars, lawyers, and judges that examines both the theory and practice of judicial independence in Canada and around the world. Contributors assess the legacy of the Supreme Court of Canada's controversial landmark decision in the Provincial Judges Reference while other essays address the need for institutional reform in Canada outside the salary remuneration setting in the areas of court administration and judicial appointments. The book also examines linkages between judicial independence and other issues such as diversity, social context education for judges, public criticism of judges, public policy, and technology. Other contributions examine issues of judicial independence in the United Kingdom, the United States, South Africa, Israel, and Pakistan.

Author : Erika Rackley
Publisher : Routledge
Page : 250 pages
File Size : 45,9 Mb
Release : 2013
Category : Law
ISBN : 9780415548618

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Women, Judging and the Judiciary by Erika Rackley Pdf

Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.

Author : Freya Baetens,Professor of Public International Law Freya Baetens
Publisher : Oxford University Press, USA
Page : 593 pages
File Size : 42,7 Mb
Release : 2021-02-10
Category : Law
ISBN : 9780198870753

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Identity and Diversity on the International Bench by Freya Baetens,Professor of Public International Law Freya Baetens Pdf

Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.

Author : Robert Schertzer
Publisher : Unknown
Page : 349 pages
File Size : 55,9 Mb
Release : 2016
Category : LAW
ISBN : 1487510624

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The Judicial Role in a Diverse Federation by Robert Schertzer Pdf

"In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada's Supreme Court and for those engaged in broader debates about the use of federalism in multinational states."--

Author : Ian Greene
Publisher : UBC Press
Page : 202 pages
File Size : 48,9 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774841191

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The Courts by Ian Greene Pdf

Ian Greene offers an insider's perspective on the role of judges, lawyers, and expert witnesses; the cost of litigation; the representativeness of juries; legal aid issues; and questions of jury reform. He also examines judicial activism in the wider context of public participation in courts administration and judicial selection and of how responsive the courts are to the expectations of Canadian citizens. The Courts moves its examination of the judicial system beyond the well-trodden topics of judicial appointment, discipline, independence, and review to consider the ways in which courts affect daily life in terms of democratic principles. Although courts are often viewed as elitist and unaccountable, they are more valuable aspect of democratic practice than most citizens realize.

Author : Graham Gee,Erika Rackley
Publisher : Routledge
Page : 0 pages
File Size : 45,5 Mb
Release : 2018
Category : Discrimination in criminal justice administration
ISBN : 1138225355

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Debating Judicial Appointments in an Age of Diversity by Graham Gee,Erika Rackley Pdf

This collection engages with the issue of diversity among the judiciary. Each contributor reflects on a current debate about judicial appointments and analysing ways in which that debate is likely to develop over the next ten years.

Author : Josephine Jarpa Dawuni,Hon. Akua Kuenyehia
Publisher : Routledge
Page : 182 pages
File Size : 42,8 Mb
Release : 2017-11-28
Category : Social Science
ISBN : 9781315444420

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International Courts and the African Woman Judge by Josephine Jarpa Dawuni,Hon. Akua Kuenyehia Pdf

A sequel to Bauer and Dawuni's pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa. Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences. International Courts and the African Woman Judge will be of interest to a variety of audiences including governments, policy makers, civil society organizations, students of gender studies, and feminist activists interested in all questions of gender and judging.

Author : Graham Gee,Erika Rackley
Publisher : Routledge
Page : 332 pages
File Size : 55,9 Mb
Release : 2017-09-11
Category : Law
ISBN : 9781315400044

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Debating Judicial Appointments in an Age of Diversity by Graham Gee,Erika Rackley Pdf

What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.

Author : Patricia Gurin
Publisher : University of Michigan Press
Page : 238 pages
File Size : 49,5 Mb
Release : 2004-02-27
Category : Business & Economics
ISBN : 0472113070

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Defending Diversity by Patricia Gurin Pdf

DIVThe first major book to argue in favor of affirmative action in higher education since Bowen and Bok's The Shape of the River /div

Author : Denise Marie Glover,John Gregory Richardson
Publisher : Unknown
Page : 128 pages
File Size : 50,7 Mb
Release : 1997-01-01
Category : Court administration
ISBN : 0896561755

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A Total Approach to Diversity by Denise Marie Glover,John Gregory Richardson Pdf

Author : Bertus de Villiers,Saldi Isra,Pan Mohamad Faiz
Publisher : BRILL
Page : 311 pages
File Size : 51,7 Mb
Release : 2024-03-04
Category : Law
ISBN : 9789004691698

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Courts and Diversity by Bertus de Villiers,Saldi Isra,Pan Mohamad Faiz Pdf

The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.

Author : Rachel J. Cahill-O'Callaghan
Publisher : Hart Publishing
Page : 128 pages
File Size : 48,8 Mb
Release : 2020
Category : Judicial process
ISBN : 1509921885

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Values in the Supreme Court by Rachel J. Cahill-O'Callaghan Pdf

"This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--Provided by publisher.

Author : Alan Uzelac,Cornelis Hendrik (Remco) van Rhee
Publisher : Springer
Page : 420 pages
File Size : 46,7 Mb
Release : 2018-09-03
Category : Law
ISBN : 9783319973586

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Transformation of Civil Justice by Alan Uzelac,Cornelis Hendrik (Remco) van Rhee Pdf

National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.