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Author : Charles Herman Pritchett
Publisher : Unknown
Page : 738 pages
File Size : 44,8 Mb
Release : 1979
Category : Law
ISBN : UOM:39015004169622
Author : Walter F. Murphy,Charles Herman Pritchett,Lee Epstein
Publisher : McGraw-Hill Humanities, Social Sciences & World Languages
Page : 804 pages
File Size : 50,5 Mb
Release : 2002
Category : Law
ISBN : UOM:39015050077554
This classic reader has been a best selling component to the Judicial Process/Judicial Politics/American Legal System course for years. Now thoroughly updated while retaining the features that made it attractive for so long: organization, structure, coverage, narrative, choice of excerpts, and flexibility in use, Lee Epstein and Walter Murphy continue the tradition of this book.
Author : Walter F. Murphy,Charles Herman Pritchett
Publisher : Random House (NY)
Page : 657 pages
File Size : 54,5 Mb
Release : 1986
Category : Judicial process
ISBN : 0394347404
Author : Theodore Lewis Becker
Publisher : Chicago : Rand McNally
Page : 438 pages
File Size : 51,6 Mb
Release : 1970
Category : Courts
ISBN : UOM:39015010468851
Author : Walter F. Murphy
Publisher : Unknown
Page : 707 pages
File Size : 55,8 Mb
Release : 1990
Category : Courts
ISBN : OCLC:732900306
Author : John Aneurin Grey Griffith
Publisher : Fontana Press
Page : 268 pages
File Size : 52,6 Mb
Release : 1981
Category : Judges
ISBN : UCAL:B4184309
"The furore caused by publication of "The Politics of the Judiciary" made front page news in The Times. In this second edition, Professor Griffith has included recent cases and information which strenthen his controversial thesis that judges in the United Kingdom cannot be politically neutral."
Author : Mark C. Miller
Publisher : Routledge
Page : 448 pages
File Size : 55,7 Mb
Release : 2018-01-31
Category : Political Science
ISBN : 9780429962158
Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
Author : Cass R. Sunstein,David Schkade,Lisa Ellman
Publisher : Rowman & Littlefield
Page : 194 pages
File Size : 47,7 Mb
Release : 2007-02-01
Category : Law
ISBN : 9780815782353
Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.
Author : James L. Gibson
Publisher : University of Chicago Press
Page : 240 pages
File Size : 51,6 Mb
Release : 2012-09-20
Category : Political Science
ISBN : 9780226291109
A revealing and provocative study of the effects of judicial elections on state courts and public perceptions of impartiality. In Electing Judges, leading judicial politics scholar James L. Gibson responds to the growing concern that the realities of campaigning are undermining judicial independence and even the rule of law. Armed with empirical evidence, Gibson offers the most systematic and comprehensive study to date of the impact of judicial elections on public perceptions of fairness, impartiality, and the legitimacy of state courts—and his findings are both counterintuitive and controversial. Gibson finds that ordinary Americans do not conclude from campaign promises that judges are incapable of making impartial decisions. Instead, he shows, they understand the process of deciding cases to be an exercise in policy making, rather than of simply applying laws to individual cases—and consequently think it’s important for candidates to reveal where they stand on important issues. Negative advertising also turns out to have a limited effect on perceptions of judicial legitimacy, though certain kinds of campaign contributions can create the appearance of improper bias. Taking both the good and bad into consideration, Gibson argues persuasively that elections are ultimately beneficial in boosting the institutional legitimacy of courts, despite the slight negative effects of some campaign activities
Author : Stephen Breyer
Publisher : Harvard University Press
Page : 113 pages
File Size : 52,6 Mb
Release : 2021-09-14
Category : Law
ISBN : 9780674269361
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author : Lee Epstein, Dr.,C. Herman Pritchett,Jack Knight,Walter F Murphy
Publisher : McGraw-Hill Education
Page : 0 pages
File Size : 54,7 Mb
Release : 2005-04-19
Category : Political Science
ISBN : 0072977051
This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long: its effective structure, thorough coverage, narrative voice, choice of excerpts, and teaching flexibility.
Author : Keith Bybee
Publisher : Stanford University Press
Page : 192 pages
File Size : 46,9 Mb
Release : 2010-08-24
Category : Law
ISBN : 9780804775618
We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. Law, like courtesy, furnishes a means of getting along. It frames disputes in collectively acceptable ways, and it is a habitual practice, drummed into the minds of citizens by popular culture and formal institutions. The rule of law, thus, is neither particularly fair nor free of paradoxical tensions, but it endures. Although pervasive public skepticism raises fears of judicial crisis and institutional collapse, such skepticism is also an expression of how our legal system ordinarily functions.
Author : Bruce Peabody
Publisher : JHU Press
Page : 347 pages
File Size : 46,6 Mb
Release : 2011
Category : Law
ISBN : 9780801897719
2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.
Author : Kyle Cheek,Anthony Champagne
Publisher : Peter Lang
Page : 204 pages
File Size : 40,8 Mb
Release : 2005
Category : Business & Economics
ISBN : 0820467677
In recent years, judicial elections have changed dramatically. The elections themselves have become increasingly partisan, interest group involvement in judicial races has escalated, recent court decisions have freed judicial candidates to speak more openly than ever before about their judicial ideologies, and the tenor of judicial campaigns has departed significantly from what were once low-key, sleepy affairs. This book examines the evolution of the new rough-and-tumble politics of judicial elections by focusing on Texas, a bellwether for the new judicial selection politics in America. The Texas experience illustrates what can - and usually will - go wrong when judges are elected, and lays the path for meaningful reforms to stem the tide of the new politics of judicial elections.
Author : John R. Lott, Jr.
Publisher : Hillcrest Publishing Group
Page : 355 pages
File Size : 49,9 Mb
Release : 2013-09-17
Category : Law
ISBN : 9781626522497
Judges have enormous power. They determine whom we can marry, whether we can own firearms, whether the government can mandate that we buy certain products, and how we define "personhood." But who gets to occupy these powerful positions? Up until now, there has been little systematic study of what type of judges get confirmed. In his rigorous yet readable style, John Lott analyzes both historical accounts and large amounts of data to see how the confirmation process has changed over time. Most importantly, Dumbing Down the Courts shows that intelligence has now become a liability for judicial nominees. With courts taking on an ever greater role in our lives, smarter judges are feared by the opposition. Although presidents want brilliant judges who support their positions, senators of the opposing party increasingly "Bork" those nominees who would be the most influential judges, subjecting them to humiliating and long confirmations. The conclusion? The brightest nominees will not end
