Bench Press
Bench Press

Author: Keith J. Bybee

Publisher:

Published: 2022

Total Pages: 240

ISBN-13: 9780804768382

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Federal court confirmations in the United States have become openly political affairs, with partisans lining up to support their preferred candidates. Matters in the states are not much different, with once sleepy judicial elections changing into ever more contentious political slugfests, replete with single-issue interest groups and negative campaign advertising. Once on the bench, judges at every level find themselves dogged by charges of politically motivated decision-making. In this first-of-its-kind collection, prominent figures from the academy, the bench, and the press reflect on the state of the American judiciary. Using the results of a specially commissioned public opinion poll as a starting point, the contributors examine the complex mix of legal principle, political maneuvering, and press coverage that swirl around judicial selection and judicial decision making today. Essays examine the rise of explicitly political state judicial elections, the merits of judicial appointments, the rhetoric of federal judicial confirmation hearings, the quality of legal reporting, the portrayal of courts on the Internet, the inevitable tensions between judges and journalists, and the importance of regulating judicial appearances. Contributors Include: Keith J. Bybee, Charles Gardner Geyh, G. Alan Tarr, Harold See, James E. Graves, Jr., John M. Walker, Jr., Joanne F. Alper, Mark Obbie, Dahlia Lithwick, Tom Goldstein, and Anthony Lewis.

Governing from the Bench
Governing from the Bench

Author: Emmett Macfarlane

Publisher: UBC Press

Published: 2013

Total Pages: 266

ISBN-13: 077482350X

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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.

Battle Over the Bench
Battle Over the Bench

Author: Amy Steigerwalt

Publisher:

Published: 2010-07-16

Total Pages: 280

ISBN-13:

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Battle over the Bench showcases the complex and, at times, hidden motivations driving the staffing of the federal bench.

Dumbing Down the Courts
Dumbing Down the Courts

Author: John R. Lott, Jr.

Publisher: Hillcrest Publishing Group

Published: 2013-09-17

Total Pages: 355

ISBN-13: 1626522499

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Judges have enormous power. They determine whom we can marry, whether we can own firearms, whether the government can mandate that we buy certain products, and how we define "personhood." But who gets to occupy these powerful positions? Up until now, there has been little systematic study of what type of judges get confirmed. In his rigorous yet readable style, John Lott analyzes both historical accounts and large amounts of data to see how the confirmation process has changed over time. Most importantly, Dumbing Down the Courts shows that intelligence has now become a liability for judicial nominees. With courts taking on an ever greater role in our lives, smarter judges are feared by the opposition. Although presidents want brilliant judges who support their positions, senators of the opposing party increasingly "Bork" those nominees who would be the most influential judges, subjecting them to humiliating and long confirmations. The conclusion? The brightest nominees will not end

Manipulating Courts in New Democracies
Manipulating Courts in New Democracies

Author: Andrea Castagnola

Publisher: Routledge

Published: 2017-10-31

Total Pages: 164

ISBN-13: 1351986074

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When can the Executive manipulate the composition of a Court? What political factors explain judicial instability on the bench? Using original field data from Argentina's National Supreme Court and all twenty-four Provincial Supreme Courts, Andrea Castagnola develops a novel theory to explain forced retirements of judges. She argues that in developing democracies the political benefits of manipulating the court outweigh the costs associated with doing so. The instability of the political context and its institutions causes politicians to focus primarily on short-term goals and to care mostly about winning elections. Consequently, judiciaries become a valuable tool for politicians to have under their control. Contrary to the predictions of strategic retirement theory, Castagnola demonstrates that there are various institutional and non-institutional mechanisms for induced retirement which politicians have used against justices, regardless of the amount of support their party has in Congress. The theoretical innovations contained herein shed much needed light on the existing literature on judicial politics and democratization. Even though the political manipulation of courts is a worldwide phenomenon, previous studies have shown that Argentina is the theory-generating case for studying manipulation of high courts.

Electing Judges
Electing Judges

Author: James L. Gibson

Publisher: University of Chicago Press

Published: 2012-09-20

Total Pages: 240

ISBN-13: 0226291073

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"In Electing Judges, James L. Gibson responds to the growing chorus of critics who fear that the politics of running for office undermine judicial independence. While many people have opinions on the topic, few have supported them with empirical evidence. Gibson rectifies this situation, offering the most systematic study to date of the impact of campaigns on public perceptions of fairness, impartiality, and the legitimacy of elected state courts-and his findings are both counterintuitive and controversial"--Page [four] of cover.

The Bench
The Bench

Author: Meghan, The Duchess of Sussex

Publisher: Random House Books for Young Readers

Published: 2021-06-08

Total Pages: 40

ISBN-13: 0593434536

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#1 NEW YORK TIMES BESTSELLER • Meghan, The Duchess of Sussex’s first children’s book, The Bench, beautifully captures the special relationship between father and son, as seen through a mother’s eyes. The book’s storytelling and illustration give us snapshots of shared moments that evoke a deep sense of warmth, connection, and compassion. This is your bench Where you’ll witness great joy. From here you will rest See the growth of our boy. In The Bench, Meghan, The Duchess of Sussex, touchingly captures the evolving and expanding relationship between father and son and reminds us of the many ways that love can take shape and be expressed in a modern family. Evoking a deep sense of warmth, connection, and compassion, The Bench gives readers a window into shared and enduring moments between a diverse group of fathers and sons—moments of peace and reflection, trust and belief, discovery and learning, and lasting comfort. Working in watercolor for the first time, Caldecott-winning, bestselling illustrator Christian Robinson expands on his signature style to bring joy and softness to the pages, reflecting the beauty of a father’s love through a mother’s eyes. With a universal message, this thoughtful and heartwarming read-aloud is destined to be treasured by families for generations to come.

After Liberalism?
After Liberalism?

Author: Martin Schlag

Publisher: Springer Nature

Published: 2021-08-23

Total Pages: 165

ISBN-13: 3030757021

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The economic downturn caused by the COVID-19 pandemic, the unrest in the US following the unlawful death of George Floyd, and other sources of social unrest and insecurity, have brought to a head something that has been brewing in Western societies since the Great Recession of 2008: the disillusionment with liberal democracy as it evolved after World War II. Liberal political systems were characterized by a working compromise between capital and labor, between liberalism and socialism. This book analyzes how, and to what extent, the rise of populism and “identitarian” political movements, as well as the acceptance of world leaders who embody an authoritarian style of government, has undermined this compromise. Written by scholars from various disciplines, all of which share the Christian faith, it offers a snapshot of an intellectual debate among Christians who are deeply concerned about the world they live in, and who share their constructive proposals for a way forward after “liberalism as we know it.” The contributors address topics such as Christian alternatives to liberalism and populism, challenges to post-liberalism, trans-liberalism, and relational anthropology. Accordingly, the book will appeal to scholars who wish to reflect on the order of our society, and to anyone who shares the view that it is high time to rethink liberalism.

The Constrained Court
The Constrained Court

Author: Michael A. Bailey

Publisher: Princeton University Press

Published: 2011-08-22

Total Pages: 232

ISBN-13: 1400840260

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How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

The Politics of Judicial Independence
The Politics of Judicial Independence

Author: Bruce Peabody

Publisher: JHU Press

Published: 2011

Total Pages: 347

ISBN-13: 0801897718

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2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.