Hierarchical Constraints And The Choices Judges Make

Author : Brian M. Barry
Publisher : Taylor & Francis
Page : 361 pages
File Size : 49,8 Mb
Release : 2020-11-26
Category : Law
ISBN : 9780429657498

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How Judges Judge by Brian M. Barry Pdf

A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

Author : Robert M. Howard,Kirk A. Randazzo
Publisher : Routledge
Page : 518 pages
File Size : 45,6 Mb
Release : 2017-10-02
Category : Political Science
ISBN : 9781317430384

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Routledge Handbook of Judicial Behavior by Robert M. Howard,Kirk A. Randazzo Pdf

Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.

Author : Kirk A. Randazzo
Publisher : State University of New York Press
Page : 140 pages
File Size : 42,7 Mb
Release : 2010-03-24
Category : Political Science
ISBN : 9781438430492

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Defenders of Liberty or Champions of Security? by Kirk A. Randazzo Pdf

Examines the critical role assumed by the U. S. judiciary in balancing concerns about national security with the protection of liberty after the terrorist attacks of September 11, 2001.

Author : Anonim
Publisher : BRILL
Page : 364 pages
File Size : 40,5 Mb
Release : 2011-09-09
Category : Social Science
ISBN : 9789004207134

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Fair and Affordable Housing in the U.S. by Anonim Pdf

This edited book examines trends, outcomes and future directions of U.S. fair and affordable housing policy. It focuses on four areas of interest: fair housing policy, affordable housing finance, equitable approaches to land use, rent vouchers, and homeownership policy.

Author : Nuno Garoupa,Rebecca D. Gill,Lydia B. Tiede
Publisher : University of Virginia Press
Page : 318 pages
File Size : 42,9 Mb
Release : 2021-08-27
Category : Political Science
ISBN : 9780813946160

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High Courts in Global Perspective by Nuno Garoupa,Rebecca D. Gill,Lydia B. Tiede Pdf

High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today. Contributors: Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University Constitutionalism and Democracy

Author : Lee Epstein,Stefanie A. Lindquist
Publisher : Oxford University Press
Page : 625 pages
File Size : 41,9 Mb
Release : 2017
Category : Political Science
ISBN : 9780199579891

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The Oxford Handbook of U.S. Judicial Behavior by Lee Epstein,Stefanie A. Lindquist Pdf

"[This book offers] an introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S...[This handbook] describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book."--

Author : David Scott Clark
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 54,9 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781006092

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Comparative Law and Society by David Scott Clark Pdf

Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. the general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume.

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 : Lee Epstein
Publisher : CQ Press
Page : 419 pages
File Size : 43,8 Mb
Release : 1995-01-01
Category : Political Science
ISBN : 9781483304526

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Contemplating Courts by Lee Epstein Pdf

Seventeen thought-provoking essays in this sophisticated yet accessible reader demonstrate how political scientists conduct research on law, courts, and the judicial process, and at the same time answer interesting, substantive questions. Illustrating the breadth and depth of judicial politics studies, the essays convey to students the array of contemporary thinking -- both theoretical and methodological -- at work in the field. The book's five parts cover subjects taught in most judicial politics courses. Because each chapter stands alone, instructors have the flexibility of assigning less than the whole book or chapters in a different order. Topics examined range from information used by voters electing judges to the credibility of victims of sexualized violence. Accessible to both undergraduate and graduate students, Contemplating Courts offers fascinating views into both the law and courts field and the research process itself. Epstein provides in the first chapter an overview of the key elements of judicial process research and defines key terms. Technical notes and methodology appendices offer students additional guidance.

Author : Alain Marciano,Jean-Michel Josselin
Publisher : Edward Elgar Publishing
Page : 432 pages
File Size : 55,9 Mb
Release : 2005-01-01
Category : Political Science
ISBN : 1845426797

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Law and the State by Alain Marciano,Jean-Michel Josselin Pdf

Law and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts. Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively. Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.

Author : G. Thomas Porteous (Jr.),United States. Congress. Senate. Impeachment Trial Committee
Publisher : Unknown
Page : 1444 pages
File Size : 48,9 Mb
Release : 2010
Category : Judges
ISBN : PURD:32754081522322

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Impeachment Trial Committee on the Articles Against Judge G. Thomas Porteous, Jr: part A-E (5 v.) by G. Thomas Porteous (Jr.),United States. Congress. Senate. Impeachment Trial Committee Pdf

Author : Michael A. Bailey,Forrest Maltzman
Publisher : Princeton University Press
Page : 233 pages
File Size : 50,7 Mb
Release : 2011-09-11
Category : Law
ISBN : 9780691151052

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The Constrained Court by Michael A. Bailey,Forrest Maltzman Pdf

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

Author : Carlo Guarnieri,Patrizia Pederzoli
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 50,6 Mb
Release : 2020-05-29
Category : Law
ISBN : 9781839100369

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The Judicial System by Carlo Guarnieri,Patrizia Pederzoli Pdf

This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.

Author : Nancy Maveety
Publisher : Routledge
Page : 105 pages
File Size : 41,9 Mb
Release : 2017-07-05
Category : Political Science
ISBN : 9781351499651

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Picking Judges by Nancy Maveety Pdf

What defines a president? Is it policymaking? A good relationship with the American people? Or is it legacy? Most would argue that legacy imprints a president in the American consciousness. A president's federal judicial appointees may be his or her most lasting political legacy. Because federal judges serve for life, their legal policymaking endures long after a president's term in office is over. Presidents who care about serving their mandate, who desire to maximize their policy agenda, and who wish to influence the nation's constitutional fabric appoint as many federal judges as possible.This new volume in the Presidential Briefings series shows how the president's appointment power has expanded beyond its bare constitutional outlines. In exercising their constitutional powers while paying heed to political opportunities, presidents and the Senate have together created our modern judicial appointment politics. Presidents consider a host of demographic and ideological factors, candidate qualities, and electoral politics.Nancy Maveety examines the dynamics of screening and choosing judicial nominees and analyses the institutional calculus in securing their confirmation in the face of senatorial obstruction. Maveety shows how a president can adapt to particular circumstances and provides an outline for synergistically staffing the federal judiciary, thus securing a legacy for all time.

Author : Alexander Nikolaevich Shytov
Publisher : Springer Science & Business Media
Page : 246 pages
File Size : 48,6 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401597456

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Conscience and Love in Making Judicial Decisions by Alexander Nikolaevich Shytov Pdf

THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.