Decision Making In The U S Courts Of Appeals

Author : Jonathan M. Cohen
Publisher : University of Michigan Press
Page : 246 pages
File Size : 47,7 Mb
Release : 2009-12-10
Category : Law
ISBN : 9780472024032

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Inside Appellate Courts by Jonathan M. Cohen Pdf

Inside Appellate Courts is a comprehensive study of how the organization of a court affects the decisions of appellate judges. Drawing on interviews with more than seventy federal appellate judges and law clerks, Jonathan M. Cohen challenges the assumption that increasing caseloads and bureaucratization have impinged on judges' abilities to bestow justice. By viewing the courts of appeals as large-scale organizations, Inside Appellate Courts shows how courts have walked the tightrope between justice and efficiency to increase the number of cases they decide without sacrificing their ability to dispense a high level of justice. Cohen theorizes that, like large corporations, the courts must overcome the critical tension between the autonomy of the judges and their interdependence and coordination. However, unlike corporations, courts lack a central office to coordinate the balance between independence and interdependence. Cohen investigates how courts have dealt with this tension by examining topics such as the role of law clerks, methods of communication between judges, the effect of a court's size and geographic location, the role of argumentation, the use of visiting judges, the significance of the increasing use of unpublished decisions, and the nature and role of court culture. Inside Appellate Courts offers the first comprehensive organizational study of the appellate judicial process. It will be of interest to the social scientist studying organizations, the sociology of law, and comparative dispute resolution and have a wide appeal to the legal audience, especially practicing lawyers, legal scholars, and judges. Jonathan M. Cohen is Attorney at Gilbert, Heintz, and Randolph LLP.

Author : Frank B. Cross
Publisher : Stanford University Press
Page : 268 pages
File Size : 51,8 Mb
Release : 2007
Category : Law
ISBN : 0804757135

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Decision Making in the U.S. Courts of Appeals by Frank B. Cross Pdf

This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.

Author : Virginia A. Hettinger,Stefanie A. Lindquist,Wendy L. Martinek
Publisher : University of Virginia Press
Page : 172 pages
File Size : 51,5 Mb
Release : 2006
Category : Law
ISBN : 0813926971

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Judging on a Collegial Court by Virginia A. Hettinger,Stefanie A. Lindquist,Wendy L. Martinek Pdf

Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.

Author : J. Woodford Howard
Publisher : Unknown
Page : 20 pages
File Size : 48,9 Mb
Release : 1972*
Category : Appellate procedure
ISBN : OCLC:22566374

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Decision-making Procedures in U.S. Courts of Appeals for the 2d and 5th Circuits by J. Woodford Howard Pdf

Author : Jennifer Barnes Bowie,Donald R. Songer,John Szmer
Publisher : University of Virginia Press
Page : 296 pages
File Size : 44,5 Mb
Release : 2014-10-30
Category : Political Science
ISBN : 9780813936000

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The View from the Bench and Chambers by Jennifer Barnes Bowie,Donald R. Songer,John Szmer Pdf

For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.

Author : Susan B. Haire,Laura P. Moyer
Publisher : University of Virginia Press
Page : 216 pages
File Size : 41,9 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 : Ashlyn Kuersten,Donald Songer
Publisher : Routledge
Page : 358 pages
File Size : 55,5 Mb
Release : 2014-02-04
Category : Political Science
ISBN : 9781135700775

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Decisions on the U.S. Courts of Appeals by Ashlyn Kuersten,Donald Songer Pdf

This book provides institutional information as well as practical usage information on the U.S. Courts of Appeals. In addition, it includes important statistical information for researchers and students interested in a variety of topics less directly related to the judiciary.

Author : Harold J. Spaeth
Publisher : Chandler Press
Page : 128 pages
File Size : 51,7 Mb
Release : 1972
Category : Law
ISBN : UOM:39015001892986

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An Introduction to Supreme Court Decision Making by Harold J. Spaeth Pdf

Author : Ian Greene
Publisher : James Lorimer & Company
Page : 266 pages
File Size : 55,6 Mb
Release : 1998
Category : Law
ISBN : 1550285645

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Final Appeal by Ian Greene Pdf

Appeal courts--including the Supreme Court of Canada--rule on the most contentious issues facing Canadian society: abortion, Aboriginal land claims, gay rights. The authors of this book have conducted extensive research into the nature and function of appeal courts and here present their findings. This book outlines how appeal court judges make their decisions and how they defend them; the role played by judicial discretion; regional differences in appeal court operations; and the increasingly controversial role courts play in policymaking. Final Appeal is a detailed analysis of the nature and operation of Canada's courts of appeal.

Author : David E. Klein
Publisher : Cambridge University Press
Page : 194 pages
File Size : 44,8 Mb
Release : 2002-08-08
Category : Law
ISBN : 0521891450

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Making Law in the United States Courts of Appeals by David E. Klein Pdf

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Author : Maxwell H. H. Mak
Publisher : Unknown
Page : 0 pages
File Size : 54,8 Mb
Release : 2010
Category : Appellate courts
ISBN : OCLC:795577229

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Hierarchical Constraints and the Choices Judges Make by Maxwell H. H. Mak Pdf

Author : Lee Epstein,William M. Landes,Richard A. Posner
Publisher : Harvard University Press
Page : 491 pages
File Size : 47,6 Mb
Release : 2013-01-07
Category : Law
ISBN : 9780674070684

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The Behavior of Federal Judges by Lee Epstein,William M. Landes,Richard A. Posner Pdf

Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.

Author : Robert A. Carp,Ronald Stidham,Kenneth L. Manning,Lisa M. Holmes
Publisher : CQ Press
Page : 654 pages
File Size : 44,8 Mb
Release : 2015-12-30
Category : Political Science
ISBN : 9781483378275

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Judicial Process in America by Robert A. Carp,Ronald Stidham,Kenneth L. Manning,Lisa M. Holmes Pdf

Known for shedding light on the link among the courts, public policy, and the political environment, Judicial Process in America provides a comprehensive overview of the American judiciary. In this Tenth Edition, authors Robert A. Carp, Ronald Stidham, Kenneth L. Manning, and Lisa M. Holmes examine the recent Supreme Court rulings on same-sex marriage and health care subsidies, the effect of three women justices on the Court’s patterns of decision, and the policy-making role of state tribunals. Original data on the decision-making behavior of the Obama trial judges—which are unavailable anywhere else—ensure this text’s position as a standard bearer in the field.

Author : Benjamin Alarie,Andrew J. Green
Publisher : Oxford University Press
Page : 200 pages
File Size : 45,9 Mb
Release : 2017-07-25
Category : Law
ISBN : 9780190466404

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Commitment and Cooperation on High Courts by Benjamin Alarie,Andrew J. Green Pdf

Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.

Author : Douglas Rice
Publisher : University of Virginia Press
Page : 225 pages
File Size : 55,5 Mb
Release : 2020-03-03
Category : Political Science
ISBN : 9780813943954

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Lighting the Way by Douglas Rice Pdf

Do our federal courts, including the Supreme Court, lead or merely implement public policy? This is a critical question in the study and practice of law, with a long history of continued dispute and contradictory evidence. In Lighting the Way, Douglas Rice systematically examines both sides of this debate. Introducing compelling new data on the policy focuses of federal courts, Rice presents the first long-term, comprehensive consideration of the judicial agenda. In doing so, he details the essential role of the Supreme Court and other federal courts in directing attention to issues in American politics through influential relationships with Congress, the presidency, and the public. The dynamics Rice illustrates grow from the strengths of political constituencies in various policy areas and the constitutional powers accorded to the courts. Lighting the Way provides strong evidence that, as long argued but never empirically demonstrated, the courts systematically lead the attention of other institutions on civil rights. The research speaks to a broad and growing literature in political science and sociolegal research on the interactive nature of policymaking and the critical role of legal institutions and social movements in shaping policy agendas.