Judging Law And Policy

Judging Law And Policy Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Judging Law And Policy book. This book definitely worth reading, it is an incredibly well-written.

Judging Law and Policy

Robert M. Howard,Amy Steigerwalt
Judging Law and Policy Book PDF

Author : Robert M. Howard,Amy Steigerwalt
Publisher : Routledge
Page : 245 pages
File Size : 40,8 Mb
Release : 2012-03-22
Category : Law
ISBN : 9781136887604

Get Book

Judging Law and Policy by Robert M. Howard,Amy Steigerwalt Pdf

To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.

What's Law Got to Do With It?

Charles Gardner Geyh
What s Law Got to Do With It Book PDF

Author : Charles Gardner Geyh
Publisher : Stanford University Press
Page : 560 pages
File Size : 46,6 Mb
Release : 2011-08-09
Category : Law
ISBN : 9780804782128

Get Book

What's Law Got to Do With It? by Charles Gardner Geyh Pdf

Top US legal scholars and political scientists examine how the law shapes judges’ behavior and decisions, and what it means for society at large. Although there is a growing consensus among legal scholars and political scientists, significant points of divergence remain. Contributors to What’s Law Got to Do with It? explore ways to reach greater accord on the complexity and nuance of judicial decision making and judicial elections, while acknowledging that agreement on what judges do is not likely to occur any time soon. As the first forum in which political scientists and legal scholars engage with one another on these hot button issues, this volume strives to establish a true interdisciplinary conversation. The inclusion of reactions from practicing judges puts into high relief the deep-seated and opposing beliefs about the roles of law and politics in judicial work. Praise for What’s Law Got to Do with It? “Geyh (associate dean for research and John F. Kimberling professor of law, Indiana Univ. School of Law) is well qualified to edit this reader about the interaction of law and politics in contemporary society. The contributors . . . are among the very best scholars in the legal and political science realm . . . . The writing is lively and easy to follow for the somewhat sophisticated reader . . . . Highly recommended.” —Choice “Readers will find these essays fascinating, thoughtful and sometimes infuriating, as conventional disciplinary wisdom is defended, modified and refuted. The result is a terrific text for all students of the legal process.” —Mark A. Graber, University of Maryland “This volume pulls together an excellent cast to examine one of the most intriguing and most difficult questions in the study of law and politics today—what role does law play in the job of judging? There is a lot to learn in these pages, and this book does a fine job of pushing the conversation forward.” —Keith Whittington, Princeton University

Governing from the Bench

Emmett Macfarlane
Governing from the Bench Book PDF

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 45,8 Mb
Release : 2013
Category : History
ISBN : 9780774823500

Get Book

Governing from the Bench by Emmett Macfarlane Pdf

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Good Judgment

Robert J. Sharpe
Good Judgment Book PDF

Author : Robert J. Sharpe
Publisher : University of Toronto Press
Page : 351 pages
File Size : 52,5 Mb
Release : 2018-10-11
Category : Law
ISBN : 9781487517007

Get Book

Good Judgment by Robert J. Sharpe Pdf

Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

Judges on Judging

David M. O'Brien
Judges on Judging Book PDF

Author : David M. O'Brien
Publisher : CQ Press
Page : 427 pages
File Size : 48,6 Mb
Release : 2016-05-20
Category : Political Science
ISBN : 9781506340302

Get Book

Judges on Judging by David M. O'Brien Pdf

Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.

Judging Policy

Matthew M. Taylor
Judging Policy Book PDF

Author : Matthew M. Taylor
Publisher : Stanford University Press
Page : 248 pages
File Size : 51,7 Mb
Release : 2008-02-26
Category : Political Science
ISBN : 9780804786799

Get Book

Judging Policy by Matthew M. Taylor Pdf

Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts? Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes. Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.

Judging Judges

Jason E. Whitehead
Judging Judges Book PDF

Author : Jason E. Whitehead
Publisher : Unknown
Page : 0 pages
File Size : 50,6 Mb
Release : 2014
Category : Judges
ISBN : 1602585253

Get Book

Judging Judges by Jason E. Whitehead Pdf

The "rule of law" stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences. Because following the rule of law absolutely is impossible, it is dismissed by the public as a myth and judges are vilified. Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whitehead's unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of society--judges, politicians, scholars, and ordinary citizens alike. Judging Judges' attention to judicial values establishes judges' true worth in a liberal democracy.

Women, Judging and the Judiciary

Erika Rackley
Women Judging and the Judiciary Book PDF

Author : Erika Rackley
Publisher : Routledge
Page : 250 pages
File Size : 47,6 Mb
Release : 2013
Category : Law
ISBN : 9780415548618

Get Book

Women, Judging and the Judiciary by Erika Rackley Pdf

Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.

How Judges Think

Richard A. Posner
How Judges Think Book PDF

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 399 pages
File Size : 48,9 Mb
Release : 2010-05-01
Category : Law
ISBN : 9780674033832

Get Book

How Judges Think by Richard A. Posner Pdf

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Judging in Good Faith

Steven J. Burton
Judging in Good Faith Book PDF

Author : Steven J. Burton
Publisher : Cambridge University Press
Page : 296 pages
File Size : 43,5 Mb
Release : 1994-11-25
Category : Law
ISBN : 0521477409

Get Book

Judging in Good Faith by Steven J. Burton Pdf

This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.

Judges and Judging in the History of the Common Law and Civil Law

Paul Brand,Joshua Getzler
Judges and Judging in the History of the Common Law and Civil Law Book PDF

Author : Paul Brand,Joshua Getzler
Publisher : Cambridge University Press
Page : 128 pages
File Size : 48,8 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781139505574

Get Book

Judges and Judging in the History of the Common Law and Civil Law by Paul Brand,Joshua Getzler Pdf

In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

Judges and Unjust Laws

Douglas E. Edlin
Judges and Unjust Laws Book PDF

Author : Douglas E. Edlin
Publisher : University of Michigan Press
Page : 336 pages
File Size : 45,9 Mb
Release : 2010-07-22
Category : Law
ISBN : 9780472034154

Get Book

Judges and Unjust Laws by Douglas E. Edlin Pdf

Are judges legally obligated to enforce an unjust law?

The Politics of the Judiciary

John Aneurin Grey Griffith
The Politics of the Judiciary Book PDF

Author : John Aneurin Grey Griffith
Publisher : Fontana Press
Page : 268 pages
File Size : 42,6 Mb
Release : 1981
Category : Judges
ISBN : UCAL:B4184309

Get Book

The Politics of the Judiciary by John Aneurin Grey Griffith Pdf

"The furore caused by publication of "The Politics of the Judiciary" made front page news in The Times. In this second edition, Professor Griffith has included recent cases and information which strenthen his controversial thesis that judges in the United Kingdom cannot be politically neutral."

Fighting for Justice

Elizabeth Gibson-Morgan
Fighting for Justice Book PDF

Author : Elizabeth Gibson-Morgan
Publisher : University of Wales Press
Page : 306 pages
File Size : 44,6 Mb
Release : 2021-06-15
Category : Law
ISBN : 9781786837479

Get Book

Fighting for Justice by Elizabeth Gibson-Morgan Pdf

This is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.

Ethical Principles for Judges

Canadian Judicial Council
Ethical Principles for Judges Book PDF

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 44,5 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

Get Book

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.