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Author: Virginia A. Hettinger
Publisher: University of Virginia Press
Published: 2006
Total Pages: 172
ISBN-13: 9780813926971
DOWNLOAD EBOOKFocusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
Author: Gabrielle Appleby
Publisher: Cambridge University Press
Published: 2021-04-29
Total Pages: 341
ISBN-13: 1108852041
DOWNLOAD EBOOKThe Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.
Author: Jud Mathews
Publisher:
Published: 2013
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKIt is common to think that replacing a judge with a new appointment nearer an ideological extreme will pull outcomes on the court in the ideological direction of the new appointment. This paper argues that this intuition is not always correct, at least for a class of close cases. The model developed here predicts that, in certain close cases, appointing a conservative (liberal) to replace a moderate may result in a loss for the court's conservative (liberal) wing. What drives this outcome is expressive costs: judges incur a cost for signing opinions distant from their own ideal points, so that a judge nearer the swing vote can better afford the compromises required to win. The model holds implications for judicial appointment strategies and helps explain findings that have puzzled other scholars.
Author: Morgan L. W. Hazelton
Publisher: Oxford University Press
Published: 2023
Total Pages: 305
ISBN-13: 0197625401
DOWNLOAD EBOOK"The Elevator Effect: Contact and Collegiality in the American Judiciary presents a comprehensive, first of its kind examination of the importance of interpersonal relationships among judges for judicial decisionmaking and legal development. Regarding decisionmaking, the authors demonstrate that more frequent interpersonal contact among judges diminishes the role of ideology in judicial decisionmaking to the point where it is both substantively and statistically imperceptible. This finding stands in stark contrast to judicial decisionmaking accounts that present ideology as an unwavering determinant of judicial choice. With regard to legal development, the book shows that collegiality affects both the language that judges use to express their disagreement with one another and the precedents they choose to support their arguments. Thus, the overriding argument of The Elevator Effect is that collegiality affects nearly every aspect of judicial behavior. The authors draw on an impressive and unique original collection of data since the American founding to untangle the relationship between judges' interpersonal relationships and the law they produce. The Elevator Effect presents a clear and highly readable narrative backed by analysis of judicial behavior throughout the U.S. federal judicial hierarchy to demonstrate that the institutional structure in which judges operate substantially tempers judicial behavior"--
Author: Birke Häcker
Publisher:
Published: 2020
Total Pages: 0
ISBN-13: 9781780686240
DOWNLOAD EBOOKThis book focuses on the decision-making processes in modern collegiate courts. Judges from some of the world s highest and most significant judicial bodies, both national and supranational, share their experiences and reflect on the challenges to which their joint judicial endeavour gives rise.
Author: David M. O'Brien
Publisher: CQ Press
Published: 2016-05-20
Total Pages: 625
ISBN-13: 150634030X
DOWNLOAD EBOOKThoroughly 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.
Author: Richard A. Posner
Publisher: Harvard University Press
Published: 2013-10-07
Total Pages: 393
ISBN-13: 0674184645
DOWNLOAD EBOOKFor Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
Author: Frank Morey Coffin
Publisher: W. W. Norton
Published: 1994
Total Pages: 373
ISBN-13: 9780393035827
DOWNLOAD EBOOKExamines the appellate court system of the United States, describing how cases are argued before the bench, how judges discuss these arguments in private, and how the judges' decisions affect American society
Author: Jonathan P. Kastellec
Publisher:
Published: 2013
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKDo hierarchical politics in the federal judiciary shape collegial politics on the U.S. Courts of Appeals and thus influence judicial voting and case outcomes? I develop a model in which the political control of the dual layer of hierarchy above three-judge panels - full circuits and the Supreme Court - affects the ability of a single Democratic or Republican judge on a three-judge panel to influence two colleagues from the opposing party. The theory predicts that panel majorities should be more strongly influenced by a single judge of the opposing party - a "counter-judge" - when that judge is aligned with the Supreme Court. Examining thousands of judicial votes in multiple issue areas, I show that the effect of adding a counter-judge to a panel is indeed asymmetric, and varies based on hierarchical alignment. The interaction of hierarchical and collegial politics increases the Supreme Court's control of the judicial hierarchy and helps promotes the rule of law.
Author: Lee Epstein
Publisher: Harvard University Press
Published: 2013-01-07
Total Pages: 491
ISBN-13: 0674070682
DOWNLOAD EBOOKJudges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
