Federal Judges
Author: Harold William Chase
Publisher: U of Minnesota Press
Published: 1972
Total Pages: 258
ISBN-13: 1452909970
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Appointing Judges in an Age of Judicial Power
Author: Peter H. Russell
Publisher: University of Toronto Press
Published: 2006-01-01
Total Pages: 489
ISBN-13: 0802093817
DOWNLOAD EBOOKThe main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Picking Federal Judges
Author: Sheldon Goldman
Publisher: Yale University Press
Published: 1999-09-01
Total Pages: 452
ISBN-13: 9780300080735
DOWNLOAD EBOOKHow does a president choose the judges he appoints to the lower federal bench? In this analysis, a leading authority on lower federal court judicial selection tells the story of how nine presidents over a period of 56 years have chosen federal judges.
The Federal Appointments Process
Author: Michael J. Gerhardt
Publisher: Duke University Press
Published: 2001-01-02
Total Pages: 494
ISBN-13: 0822384973
DOWNLOAD EBOOKAlthough the federal appointment of U.S. judges and executive branch officers has consistently engendered controversy, previous studies of the process have been limited to particular dramatic conflicts and have tended to view appointments in a vacuum without regard to other incidents in the process, other legislative matters, or broader social, political, and historical developments. The Federal Appointments Process fills this gap by providing the first comprehensive analysis of over two hundred years of federal appointments in the United States, revealing crucial patterns of growth and change in one of the most central of our democratic processes. Michael J. Gerhardt includes each U.S. president’s performance record regarding appointments, accounts of virtually all the major confirmation contests, as well as discussion of significant legal and constitutional questions raised throughout U.S. history. He also analyzes recess appointments, the Vacancies Act, the function of nominees in the appointment process, and the different treatment received by judicial and nonjudicial nominations. While discussing the important roles played by media and technology in federal appointments, Gerhardt not only puts particular controversies in perspective but also identifies important trends in the process, such as how leaders of different institutions attempt to protect—if not expand—their respective prerogatives by exercising their authority over federal appointments. Employing a newly emerging method of inquiry known as “historical institutionalism”—in which the ultimate goal is to examine the development of an institution in its entirety and not particular personalities or periods, this book concludes with suggestions for reforms in light of recent controversies springing from the longest delays in history that many judicial nominees face in the Senate. Gerhardt’s intensive treatment of the subject will be of interest to students and scholars of political science, government, history, and legal studies.
Scoring Points
Author: Nancy Scherer
Publisher: Stanford University Press
Published: 2005
Total Pages: 290
ISBN-13: 9780804749497
DOWNLOAD EBOOKThis book explores how the lower federal court appointment process became vastly politicized in the modern era. Scherer develops a theory of elite mobilization, positing that lower court appointments have always been used by politicians for electoral purposes, but because of two historic changes to American institutions in the 1950s and 1960sthe breakdown of the old party system, and a federal judiciary reception to expanding individuals constitutional rightspoliticians shifted from an appointment system dominated by patronage to a system dominated by new policy-oriented appointment strategies. The use of these new strategies not only resulted in partisan warfare during the nomination and confirmation stages of the appointment process, but also led to party-polarized voting in the lower federal courts. Employing exclusive data of judicial decision-making from the New Deal era through the present, Scherer demonstrates that there was little party-polarized voting in the lower federal courts until the late 1960s, and that once politicians began to use elite mobilization strategies, significant party-polarized voting in the lower federal courts resulted. Accordingly, elite mobilization strategies have affected not only politics in Washington, but also the way justice is distributed across the country.
Code of Judicial Conduct for United States Judges
Author: American Bar Association
Publisher:
Published: 1974
Total Pages: 424
ISBN-13:
DOWNLOAD EBOOKIdeas with Consequences
Author: Amanda Hollis-Brusky
Publisher: Studies in Postwar American Po
Published: 2015
Total Pages: 265
ISBN-13: 0199385521
DOWNLOAD EBOOKMany of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.
Model Code of Judicial Conduct
Author: American Bar Association
Publisher: American Bar Association
Published: 2007
Total Pages: 212
ISBN-13: 9781590318393
DOWNLOAD EBOOKEthical Principles for Judges
Author: Canadian Judicial Council
Publisher:
Published: 1998
Total Pages: 56
ISBN-13:
DOWNLOAD EBOOKThis 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.
Advice and Consent
Author: Lee Epstein
Publisher: Oxford University Press
Published: 2005-09-15
Total Pages: 193
ISBN-13: 0195345835
DOWNLOAD EBOOKFrom Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
