Judging Credentials

Author : Doris Marie Provine
Publisher : University of Chicago Press
Page : 272 pages
File Size : 55,7 Mb
Release : 1986
Category : Law
ISBN : 0226684717

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Judging Credentials by Doris Marie Provine Pdf

Must judges be trained as lawyers in order to be effective in office, or can nonlawyers serve equally well? This question has long provoked controversy among lawyers, judges, legislators, and the public. In her empirical study of the place of the nonlawyer judge in the American legal system, Doris Marie Provine concludes that, despite the opposition of the legal profession to nonlawyer judges, they are as competent as lawyers in carrying out judicial duties in courts of limited jurisdiction. Provine presents a persuasive argument that the case against nonlawyer judges has been weighted in favor of the professional interests of lawyers, not public concerns. Her examination reveals as much about the presuppositions of legal professionals as it does about the competency of nonlawyer judges to old judicial office. To substantiate her claims, Provine has conducted the most comprehensive survey of nonlawyer and lawyer judges yet undertaken, augmenting this material with court observations and extensive interviews of judges. She integrates the results of this survey into the historical context of the lay versus lawyer judge debate, showing how the legally trained judge came to predominate in the American judicial system and analyzing in detail the campaign both in and out of the courts to make legal training a prerequisite for being a judge. Ultimately, Provine suggests, Americans are too committed to the significance of credentials and to the legal profession's vision of the judicial process to respond very favorably to nonlawyer judges, however well they might perform. Judging Credentials will force lawyers, judges, scholars, and the public to reconsider the role nonlawyer judges play in the American judicial system. Provine's provocative views and exhaustive research adds new dimensions to our understanding of the ethics of professionalism and its consequences.

Author : Eric T. Kasper
Publisher : Lexington Books
Page : 232 pages
File Size : 48,7 Mb
Release : 2013-03-22
Category : Political Science
ISBN : 9780739177228

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Impartial Justice by Eric T. Kasper Pdf

This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution’s Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment’s promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court’s ultimate decisions in these cases.

Author : Martin Mayer
Publisher : Truman Talley Books
Page : 407 pages
File Size : 45,6 Mb
Release : 2014-01-07
Category : Law
ISBN : 9781466862081

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The Judges by Martin Mayer Pdf

Our courts, the third branch of the government, are central in the administration of our democracy. But their operations are shrouded in a mythology with its ritual incantations of "rule of law," "equal justice" and "presumption of innocence"--one that this book pierces. We have 30,000 judges. Many are hard-working and distinguished jurists; most are simply lawyers who knew a politician. It does not help that the job pays poorly. We have no judicial profession: we do not train judges before or after they mount the bench. There is no national court system. Fifty sovereign states, a federal government, counties and municipalities and state and federal agencies all have their own courts, their own rules and not infrequently their own laws and are deluged with cases filed by a million lawyers. Today, less than 3% of criminal charges and 4% of civil disputes are resolved by court trials. The noted author argues that a specialized world demands specialized courts and judges expert in the subjects they must consider. Following the leadership of Chief Judge Judith Kaye of New York's highest court, the Conference of Chief Justices from all fifty states has endorsed her use of "problem-solving courts" to take the judiciary into the twenty-first century. The Judges is Martin Mayer's most important book from many successful titles dating from the 1950s. It opens up a debate that will occupy scholars, justices, many of the one million lawyers in our country, and law school professors and students for years to come.

Author : Ulrike Schultz,Gisela Shaw
Publisher : Bloomsbury Publishing
Page : 640 pages
File Size : 46,6 Mb
Release : 2013-07-10
Category : Law
ISBN : 9781782251101

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Gender and Judging by Ulrike Schultz,Gisela Shaw Pdf

Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

Author : James L. Gibson,Michael J. Nelson
Publisher : Russell Sage Foundation
Page : 379 pages
File Size : 42,5 Mb
Release : 2021-08-31
Category : Political Science
ISBN : 9780871545039

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Judging Inequality by James L. Gibson,Michael J. Nelson Pdf

Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Author : Doris Marie Provine
Publisher : Unknown
Page : 248 pages
File Size : 45,9 Mb
Release : 1986
Category : Political Science
ISBN : 0226684709

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Judging Credentials by Doris Marie Provine Pdf

Looks at the history of the American legal profession, discusses the effectiveness of nonlawyer judges, and considers legal education, the image of justice, judicial credentials, and professionalism

Author : Anonim
Publisher : Unknown
Page : 1120 pages
File Size : 52,8 Mb
Release : 1991-05-16
Category : Administrative law
ISBN : UIUC:30112059132263

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Federal Register by Anonim Pdf

Author : Cassia Spohn,Craig Hemmens
Publisher : SAGE
Page : 665 pages
File Size : 44,8 Mb
Release : 2011-11-09
Category : Law
ISBN : 9781412997188

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Courts by Cassia Spohn,Craig Hemmens Pdf

Authored text sections and carefully selected accompanying readings that illustrate the questions and controversies legal scholars and court researchers are investigating in the 21st century. Edited readings introduce students to classic studies of the criminal court system and to cutting edge research on decision making by court actors. An introduction to each reading gives students an overview of the purpose, main points, and conclusion of each article and evaluates their policy implications. How to Read a Research Article- tied to the first reading in the book-guides students in understanding and learning from the research articles. Mini-chapters precede the selection of readings and offer clear and concise explanations of key terms and concepts in each section, coupled with boxes with special interest topics and review materials that enhance student comprehension.

Author : Anonim
Publisher : Unknown
Page : 390 pages
File Size : 46,6 Mb
Release : 2000
Category : Court administration
ISBN : UOM:39015074581532

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State Court Organization by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 388 pages
File Size : 55,6 Mb
Release : 2000
Category : Court administration
ISBN : IND:30000066853015

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State Court Organization, 1998 by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 1038 pages
File Size : 51,9 Mb
Release : 1964
Category : Stamp collecting
ISBN : UCAL:B3868352

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The American Philatelist by Anonim Pdf

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 656 pages
File Size : 47,7 Mb
Release : 1981
Category : Judges
ISBN : PURD:32754076879828

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Selection and Confirmation of Federal Judges by United States. Congress. Senate. Committee on the Judiciary Pdf

Author : Anonim
Publisher : Unknown
Page : 550 pages
File Size : 50,6 Mb
Release : 1988
Category : Law
ISBN : UCAL:B5145434

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The Legal Studies Forum by Anonim Pdf

Author : PaulSchiff Berman
Publisher : Routledge
Page : 699 pages
File Size : 45,6 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351543972

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The Globalization of International Law by PaulSchiff Berman Pdf

'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

Author : Ralph A. Weisheit,Jessica Rene Peterson,Artur Pytlarz
Publisher : Routledge
Page : 274 pages
File Size : 42,9 Mb
Release : 2022-03-14
Category : Social Science
ISBN : 9781000577327

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Research Methods for Rural Criminologists by Ralph A. Weisheit,Jessica Rene Peterson,Artur Pytlarz Pdf

Conducting rural criminological research exposes researchers to concerns such as absence or inadequate official data about crime and superficial rural-urban comparisons, rural isolation and distance from the researchers’ office to the study site, and lack of services or access to justice. This distinct cultural context means that studying rural crime requires creatively adapting existing research methods. Conducting research about or in rural settings requires unique researcher preparation, as everything from defining the space at the conception of a project to collecting and analyzing data differs from urban research. This book explores the various issues, challenges, and solutions for rural researchers in criminology. Integrating state of the art methodological approaches with practical illustrations, this book serves as an internationally comprehensive compendium of methods for students, scholars, and practitioners. While contributing to the growing field of rural criminology, it will also be of interest to those engaged with the related areas of rural health care, rural social work, and rural poverty.