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Author: Sheldon Goldman
Publisher: University Press of Kentucky
Published: 2021-10-21
Total Pages: 390
ISBN-13: 0813186226
DOWNLOAD EBOOKThese original essays by major scholars of judicial behavior explore the frequency, intensity, and especially the causes of conflict and consensus among judges on American appellate courts. Together, these studies provide new insights into judges' attitudes and values, role perceptions, and small group interactions.
Author: Alison Burke
Publisher:
Published: 2019
Total Pages:
ISBN-13: 9781636350684
DOWNLOAD EBOOKAuthor: Emmett Macfarlane
Publisher: UBC Press
Published: 2013
Total Pages: 266
ISBN-13: 077482350X
DOWNLOAD EBOOKIn 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.
Author: Jamal Greene
Publisher: Houghton Mifflin
Published: 2021
Total Pages: 341
ISBN-13: 1328518116
DOWNLOAD EBOOKAn eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: Richard A. Posner
Publisher: Harvard University Press
Published: 2009-06-01
Total Pages: 338
ISBN-13: 9780674042230
DOWNLOAD EBOOKAmbitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Author: Kanstantsin Dzehtsiarou
Publisher: Cambridge University Press
Published: 2015-04-30
Total Pages: 255
ISBN-13: 1107041031
DOWNLOAD EBOOKThe most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Author: Adam Bonica
Publisher: Cambridge University Press
Published: 2020-12-17
Total Pages: 335
ISBN-13: 1108841368
DOWNLOAD EBOOKPresents a novel theory explaining how and why politicians and lawyers politicise courts.
Author: Lee C. Bollinger
Publisher: Oxford University Press, USA
Published: 1988
Total Pages: 306
ISBN-13: 019505430X
DOWNLOAD EBOOKIn The Tolerant Society, Bollinger offers a masterful critique of the major theories of freedom of expression, and offers an alternative explanation. Traditional justifications for protecting extremist speech have turned largely on the inherent value of self-expression, maintaining that the benefits of the free interchange of ideas include the greater likelihood of serving truth and of promoting wise decisions in a democracy. Bollinger finds these theories persuasive but inadequate. Buttrressing his argument with references to the Skokie case and many other examples, as well as a careful analysis of the primary literature on free speech, he contends that the real value of toleration of extremist speech lies in the extraordinary self-control toward antisocial behavior that it elicits: society is stengthened by the exercise of tolerance, he maintains. The problem of finding an appropriate response -- especially when emotions make measured response difficult -- is common to all social interaction, Bollinger points out, and there are useful lesons to be learned from withholding punishment even for what is conceded to be bad behavior.
Author: William D. Popkin
Publisher: NYU Press
Published: 2007-10-01
Total Pages: 311
ISBN-13: 0814767494
DOWNLOAD EBOOKIn this sweeping study of the judicial opinion, William D. Popkin examines how judges' opinions have been presented from the early American Republic to the present. Throughout history, he maintains, judges have presented their opinions within political contexts that involve projecting judicial authority to the external public, yet within a professional legal culture that requires opinions to develop judicial law through particular institutional and individual judicial styles. Tracing the history of judicial opinion from its roots in English common law, Popkin documents a general shift from unofficially reported oral opinions, to semi-official reports, to the U.S. Supreme Court's adoption in the early nineteenth century of generally unanimous opinions. While this institutional base was firmly established by the twentieth century, Popkin suggests that the modern U.S. judicial opinion has reverted—in some respects—to one in which each judge expresses an individual point of view. Ultimately, he concludes that a shift from an authoritative to a more personal and exploratory individual style of writing opinions is consistent with a more democratic judicial institution.
Author: Christopher P. Banks
Publisher: JHU Press
Published: 1999
Total Pages: 224
ISBN-13: 9780801861840
DOWNLOAD EBOOK"In this new book, political scientist Christopher Banks explains that this unique role evolved largely as a result of the politics of the nation's capital." "Because there are few books on circuit courts and their impact upon national politics and law, Judicial Politics in the D.C. Circuit Court will be a welcome addition to the literature. It is a book for political scientists, legal scholars, and students."--BOOK JACKET.
