In Defense Of Judges

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In Defense of Judicial Elections

Author : Chris W. Bonneau,Melinda Gann Hall
Publisher : Routledge
Page : 248 pages
File Size : 41,7 Mb
Release : 2009-06-02
Category : Political Science
ISBN : 9781135852689

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In Defense of Judicial Elections by Chris W. Bonneau,Melinda Gann Hall Pdf

One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice. Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have made—and continue to make—erroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process. Part of the Controversies in Electoral Democracy and Representation series edited by Matthew J. Streb.

In Defense of Judges

Author : Albert William Gray
Publisher : Dutton Books
Page : 346 pages
File Size : 43,7 Mb
Release : 1990
Category : Fiction
ISBN : 0525248757

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In Defense of Judges by Albert William Gray Pdf

Bino, Dodie, and Half Point return to solve another legal mystery, this one involving an honest judge who is plagued by a damaging indictment and a daughter who is a gambling addict.

In Defense of Judicial Elections

Author : Chris W. Bonneau,Melinda Gann Hall
Publisher : Taylor & Francis
Page : 181 pages
File Size : 54,8 Mb
Release : 2009
Category : Political Science
ISBN : 9780415991322

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In Defense of Judicial Elections by Chris W. Bonneau,Melinda Gann Hall Pdf

One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice. Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have made—and continue to make—erroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process. Part of the Controversies in Electoral Democracy and Representation series edited by Matthew J. Streb.

The Judicial Power of the Purse

Author : Nancy Staudt
Publisher : University of Chicago Press
Page : 212 pages
File Size : 42,7 Mb
Release : 2011-05
Category : Law
ISBN : 9780226771144

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The Judicial Power of the Purse by Nancy Staudt Pdf

Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

Plea Bargaining

Author : Milton Heumann
Publisher : University of Chicago Press
Page : 229 pages
File Size : 46,8 Mb
Release : 2020-05-30
Category : Political Science
ISBN : 9780226778242

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Plea Bargaining by Milton Heumann Pdf

"That relatively few criminal cases in this country are resolved by full Perry Mason-style strials is fairly common knowledge. Most cases are settled by a guilty plea after some form of negotiation over the charge or sentence. But why? The standard explanation is case pressure: the enormous volume of criminal cases, to be processed with limited staff, time and resources. . . . But a large body of new empirical research now demands that we re-examine plea negotiation. Milton Heumann's book, Plea Bargaining, strongly and explicitly attacks the case-pressure argument and suggests an alternative explanation for plea bargaining based on the adaptation of attorneys and judges to the local criminal court. The book is a significant and welcome addition to the literature. Heumann's investigation of case pressure and plea negotiation demonstrates solid research and careful analysis."—Michigan Law Review

Judicial Activism

Author : Sterling Harwood
Publisher : Unknown
Page : 522 pages
File Size : 41,6 Mb
Release : 1992
Category : Judges
ISBN : OCLC:29421708

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Judicial Activism by Sterling Harwood Pdf

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 51,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Federalist Papers

Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 44,7 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877

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The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

The Capacity To Judge

Author : Jeffrey L. McNairn
Publisher : University of Toronto Press
Page : 480 pages
File Size : 42,9 Mb
Release : 2016-09-01
Category : History
ISBN : 9781442639164

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The Capacity To Judge by Jeffrey L. McNairn Pdf

By the mid-nineteenth-century, 'public opinion' emerged as a new form of authority in Upper Canada. Contemporaries came to believe that the best answer to common questions arose from deliberation among private individuals. Older conceptions of government, sociability and the relationship between knowledge and power were jettisoned for a new image of Upper Canada as a deliberative democracy. The Capacity to Judge asks what made widespread public debate about common issues possible; why it came to be seen as desirable, even essential; and how it was integrated into Upper Canada's constitutional and social self-image. Drawing on an international body of literature indebted to Jürgen Habermas and based on extensive research in period newspapers, Jeffrey L. McNairn argues that voluntary associations and the press created a reading public capable of reasoning on matters of state, and that the dynamics of political conflict invested that public with final authority. He traces how contemporaries grappled with the consequences as they scrutinized parliamentary, republican and radical options for institutionalizing public opinion. The Capacity to Judge concludes with a case study of deliberative democracy in action that serves as a sustained defense of the type of intellectual history the book as a whole exemplifies.

Tried and Convicted

Author : Michael D. Cicchini
Publisher : Rowman & Littlefield Publishers
Page : 175 pages
File Size : 42,9 Mb
Release : 2012-07-12
Category : Law
ISBN : 9781442217195

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Tried and Convicted by Michael D. Cicchini Pdf

When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.

The Best Defense

Author : Alan Dershowitz
Publisher : Vintage
Page : 463 pages
File Size : 41,7 Mb
Release : 2011-07-27
Category : Law
ISBN : 9780307755209

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The Best Defense by Alan Dershowitz Pdf

"Anyone interested in the true merits of criminal law and very fine writing must read Alan Dershowitz's book." --Truman Capote In this tell-all legal memoir, Alan Dershowitz describes his most famous, and infamous, cases and clients. In the process, takes a critical, informed look at a legal system that he regards as deeply corrupt.

ABA Standards for Criminal Justice

Author : American Bar Association
Publisher : Unknown
Page : 151 pages
File Size : 48,7 Mb
Release : 1999-01-01
Category : Criminal justice, Administration of
ISBN : 1570737134

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ABA Standards for Criminal Justice by American Bar Association Pdf

"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Ethical Principles for Judges

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 49,6 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.

Tough Cases

Author : Russell Canan,Gregory Mize,Frederick Weisberg
Publisher : The New Press
Page : 109 pages
File Size : 45,9 Mb
Release : 2018-09-25
Category : Law
ISBN : 9781620973875

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Tough Cases by Russell Canan,Gregory Mize,Frederick Weisberg Pdf

“Tough Cases stands out as a genuine revelation. . . . Our most distinguished judges should follow the lead of this groundbreaking volume.” —Justin Driver, The Washington Post A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.

Judges beyond Politics in Democracy and Dictatorship

Author : Lisa Hilbink
Publisher : Cambridge University Press
Page : 13 pages
File Size : 41,8 Mb
Release : 2007-07-23
Category : Law
ISBN : 9781139466813

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Judges beyond Politics in Democracy and Dictatorship by Lisa Hilbink Pdf

Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.