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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.
Virginia A. Hettinger,Stefanie A. Lindquist,Wendy L. Martinek
Author : Virginia A. Hettinger,Stefanie A. Lindquist,Wendy L. Martinek Publisher : University of Virginia Press Page : 172 pages File Size : 40,7 Mb Release : 2006 Category : Law ISBN : 0813926971
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 : Jennifer Barnes Bowie,Donald R. Songer,John Szmer Publisher : University of Virginia Press Page : 296 pages File Size : 45,7 Mb Release : 2014-10-30 Category : Political Science ISBN : 9780813936000
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 : J. Woodford Howard Jr. Publisher : Princeton University Press Page : 445 pages File Size : 47,7 Mb Release : 2014-07-14 Category : Law ISBN : 9781400855452
Courts of Appeals in the Federal Judicial System by J. Woodford Howard Jr. Pdf
Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges in making law and policy; and third, how can quality judicial decisions be maintained under heavy-volume pressure. Originally published in 1981. 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.
The U.S. federal court system features 13 appellate courts, 12 U.S. Courts of Appeals and the U.S. Court of Appeals for the Federal Circuit. Readers will learn about the Courts of Appeals, where judges review District Court rulings and procedures. In these courts, lawyers debate whether or not a ruling should be overturned. Was the correct law applied? Was the trial conducted fairly? Most importantly, was the decision constitutional? This book uses real-life examples of some of the most famous cases in history to educate readers about what an appeal is and why it is an important part of the justice system.
Author : Harry T. Edwards,Linda A. Elliott Publisher : West Academic Publishing Page : 274 pages File Size : 43,9 Mb Release : 2007 Category : Law ISBN : STANFORD:36105063708361
Federal Courts Standards of Review by Harry T. Edwards,Linda A. Elliott Pdf
This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.
Author : William M. Richman,William L. Reynolds Publisher : Oxford University Press Page : 256 pages File Size : 46,8 Mb Release : 2012-12-20 Category : Law ISBN : 9780199367054
Injustice On Appeal by William M. Richman,William L. Reynolds Pdf
The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the Circuit Courts (with a combined caseload of over 60,000) are, for practical purposes, the courts of last resort for all but a tiny fraction of federal court litigation. Thus, their significance, both for ultimate dispute resolution and for the formation and application of federal law, cannot be overstated. Yet, in the last forty years, a dramatic increase in caseload and a systemic resistance to an increased judgeship have led to a crisis. Signed published opinions form only a small percentage of dispositions; judges confer on fifty routine cases in an afternoon; and most litigants are denied oral argument completely. In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts; consider the merits and dangers of continued truncating procedures; catalogue and respond to the array of specious arguments against increasing the size of the judiciary; and consider several ways of reorganizing the circuit courts so that they can dispense traditional high quality appellate justice even as their caseloads and the number of appellate judgeships increase. The work serves as an analytical capstone to the authors' thirty years of research on the issue and will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts.
The Federal Court of Appeal and the Federal Court by Martine Valois,Ian Greene,Craig Forcese,Peter McCormick Pdf
The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.
Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
Author : David E. Klein Publisher : Cambridge University Press Page : 194 pages File Size : 52,5 Mb Release : 2002-08-08 Category : Law ISBN : 0521891450
Checking the Courts by Kirk A. Randazzo,Richard W. Waterman Pdf
Examines and measures the extent to which statutory language affects judicial behavior. How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.
Author : Susan B. Haire,Laura P. Moyer Publisher : University of Virginia Press Page : 216 pages File Size : 42,6 Mb Release : 2015-05-19 Category : Political Science ISBN : 9780813937199
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.