Inside Appellate Courts

Inside Appellate Courts

Author: Jonathan M. Cohen

Publisher: University of Michigan Press

Published: 2009-12-10

Total Pages: 246

ISBN-13: 0472024035

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Inside Appellate Courts is a comprehensive study of how the organization of a court affects the decisions of appellate judges. Drawing on interviews with more than seventy federal appellate judges and law clerks, Jonathan M. Cohen challenges the assumption that increasing caseloads and bureaucratization have impinged on judges' abilities to bestow justice. By viewing the courts of appeals as large-scale organizations, Inside Appellate Courts shows how courts have walked the tightrope between justice and efficiency to increase the number of cases they decide without sacrificing their ability to dispense a high level of justice. Cohen theorizes that, like large corporations, the courts must overcome the critical tension between the autonomy of the judges and their interdependence and coordination. However, unlike corporations, courts lack a central office to coordinate the balance between independence and interdependence. Cohen investigates how courts have dealt with this tension by examining topics such as the role of law clerks, methods of communication between judges, the effect of a court's size and geographic location, the role of argumentation, the use of visiting judges, the significance of the increasing use of unpublished decisions, and the nature and role of court culture. Inside Appellate Courts offers the first comprehensive organizational study of the appellate judicial process. It will be of interest to the social scientist studying organizations, the sociology of law, and comparative dispute resolution and have a wide appeal to the legal audience, especially practicing lawyers, legal scholars, and judges. Jonathan M. Cohen is Attorney at Gilbert, Heintz, and Randolph LLP.


Adversity and Justice

Adversity and Justice

Author: Kevin M. Ball

Publisher: Wayne State University Press

Published: 2016-06-01

Total Pages: 229

ISBN-13: 0814336094

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A chronological history of the United States Bankruptcy Court for the Eastern District of Michigan, the site of the city of Detroit’s landmark bankruptcy case. Bankruptcy law is a major part of the American legal landscape. More than a million individuals and thousands of businesses sought relief in the United States' ninety-three bankruptcy courts in 2014, more than twenty-seven thousand of them in the Eastern District of Michigan. Important business of great consequence takes place in the courts, yet they ordinarily draw little public attention. In Adversity and Justice: A History of the United States Bankruptcy Court for the Eastern District of Michigan, Kevin Ball takes a closer look at the history and evolution of this court. Using a variety of sources from newspaper accounts and interviews to personal documentation from key people throughout the court's history, Ball explores not only the history of the court from its beginning in the late nineteenth century but also two major courthouse scandals and their significant and long-lasting effects on the court. The first, in 1919, resulted in the removal of a court referee for a series of small infractions. The second was far more serious and resulted in the resignation of a judge and criminal convictions of the court's chief clerk, one of his deputies, and one of Detroit's most prominent lawyers. The book culminates with a comprehensive account of the city of Detroit's own bankruptcy case that was filed in 2013. Drawing on the author's expertise as both a longtime bankruptcy attorney and a political scientist, the book examines this landmark case in its legal, social, historical, and political contexts. Anyone with an interest in bankruptcy, legal history, or the city of Detroit's bankruptcy case will be attracted to this thorough case study of this court.


Laughing Whitefish

Laughing Whitefish

Author: Robert Traver

Publisher: MSU Press

Published: 2012-01-01

Total Pages: 446

ISBN-13: 1609172191

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Laughing Whitefish is an engrossing trail drama of ethnic hostility and the legal defense of Indian treaties. Young Lawyer William (Willy) Poe puts out a shingle in Marquette, Michigan, in 1873, hoping to meet a woman who will take him seriously. His first client, the alluring Charlotte Kawbawgam, known as Laughing Whitefish, offers an enticing challenge—a compelling case of injustice at the hands of powerful mining interests. Years earlier, Charlotte's father led the Jackson Mining Company to a lucrative iron ore strike, and he was then granted a small share in the mine, which the new owners refuse to honor. Willy is now Charlotte's sole recourse for justice. Laughing Whitefish is a gripping account of barriers between Indian people and their legal rights. These poignant conflicts are delicately wrought by the pre-eminent master of the trial thriller, the best-selling author of Anatomy of a Murder. This new edition includes a foreword by Matthew L.M. Fletcher, Director of the Indigenous Law and Policy Center at Michigan State University, that contextualizes the novel and actual decisions of the Michigan Supreme Court ruling in favor of Charlotte.


Defending Diversity

Defending Diversity

Author: Patricia Gurin

Publisher: University of Michigan Press

Published: 2004-02-27

Total Pages: 238

ISBN-13: 9780472113071

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DIVThe first major book to argue in favor of affirmative action in higher education since Bowen and Bok's The Shape of the River /div


Going to Court to Change Japan

Going to Court to Change Japan

Author: Patricia G Steinhoff

Publisher: University of Michigan Press

Published: 2014-01-03

Total Pages: 196

ISBN-13: 1929280831

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Examines the relationship between social movements and the law in bringing about social change in Japan


Caseload Standards for Indigent Defenders in Michigan

Caseload Standards for Indigent Defenders in Michigan

Author: Nicholas M. Pace

Publisher:

Published: 2019-10-31

Total Pages: 0

ISBN-13: 9781977403414

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In 2017, the Michigan Indigent Defense Commission (MIDC) asked the RAND Corporation for assistance in determining maximum caseload standards for providers of indigent legal representation to adult defendants in the trial-level courts of Michigan. This project conducted three data collection efforts to provide an empirical foundation for these standards. The authors present recommended caseload standards based on analysis of the collected data.


Strengthening International Courts

Strengthening International Courts

Author: Leslie Johns

Publisher: University of Michigan Press

Published: 2015-01-22

Total Pages: 0

ISBN-13: 9780472072606

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As all manner of commerce becomes increasingly global, states must establish laws to protect property rights, human rights, and national security. In many cases, states delegate authority to resolve disputes regarding these laws to an independent court, whose power depends upon its ability to enforce its rulings. Examining detailed case studies of the International Court of Justice and the transition from the General Agreement on Tariffs and Trade to the World Trade Organization, Leslie Johns finds that a court’s design has nuanced and mixed effects on international cooperation. A strong court is ideal when laws are precise and the court is nested within a political structure like the European Union. Strong courts encourage litigation but make states more likely to comply with agreements when compliance is easy and withdraw from agreements when it is difficult. A weak court is optimal when law is imprecise and states can easily exit agreements with minimal political or economic repercussions. Johns concludes the book with recommendations for promoting cooperation by creating more precise international laws and increasing both delegation and obligation to international courts.


Alwd Citation Manual

Alwd Citation Manual

Author: Darby Dickerson

Publisher: Aspen Publishers

Published: 2010-06-01

Total Pages:

ISBN-13: 9780735595415

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ALWD Citation Manual: A Professional System of Citation, now in its Fourth Edition, upholds a single and consistent system of citation for all forms of legal writing. Clearly and attractively presented in an easy-to-use format, edited by Darby Dickerson, a leading authority on American legal citation, the ALWD Citation Manual is simply an outstanding teaching tool. Endorsed by the Association of Legal Writing Directors, (ALWD), a nationwide society of legal writing program directors, the ALWD Citation Manual: A Professional System of Citation, features a single, consistent, logical system of citation that can be used for any type of legal document complete coverage of the citation rules that includes: - basic citation - citation for primary and secondary sources - citation of electronic sources - how to incorporate citations into documents - how to quote material and edit quotes properly - court-specific citation formats, commonly used abbreviations, and a sample legal memorandum with proper citation in the Appendices two-color page design that flags key points and highlights examples Fast Formatsquick guides for double-checking citations and Sidebars with facts and tips for avoiding common problems diagrams and charts that illustrate citation style at a glance The Fourth Edition provides facsimiles of research sources that a first-year law student would use, annotated with the elements in each citation and a sample citation for each flexible citation options for (1) the United States as a party to a suit and (2) using contractions in abbreviations new rules addressing citation of interdisciplinary sources (e.g., plays, concerts, operas) and new technology (e.g., Twitter, e-readers, YouTube video) updated examples throughout the text expanded list of law reviews in Appendix 5 Indispensable by design, the ALWD Citation Manual: A Professional System of Citation, Fourth Edition, keeps on getting better