Описание: For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system.At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.
Описание: Each year the public, media, and government wait in anticipation for the Supreme Court to announce major decisions. These opinions have shaped legal policy in areas as important as healthcare, marriage, abortion, and immigration. It is not surprising that parties and outside individuals and interest groups invest an estimated $25 million to $50 million a year to produce roughly one thousand amicus briefs to communicate information to the justices, seeking to impact these rulings. Despite the importance of the Court and the information it receives, many questions remain unanswered regarding the production of such information and its relationship to the Court’s decisions. Persuading the Supreme Court leverages the very written arguments submitted to the Court to shed light on both their construction and impact.Drawing on more than 25,000 party and amicus briefs led between 1984 and 2015 and the text of the related court opinions, as well as interviews with former Supreme Court clerks and attorneys who have prepared and led briefs before the Supreme Court, Morgan Hazelton and Rachael Hinkle have shed light on one of the more mysterious and consequential features of Supreme Court decision-making. Persuading the Supreme Court offers new evidence that the resource advantage enjoyed by some parties likely stems from both the ability of their experienced attorneys to craft excellent briefs and their reputations with the justices. The analyses also reveal that information operates differently in terms of influencing who wins and what policy is announced.Using those original interviews and quantitative analyses of a rich original dataset of tens of thousands of briefs, with measures built using sophisticated natural language processing tools, Hazelton and Hinkle investigate the factors that influence what information litigants and their attorneys provide to the Supreme Court and what the justices and their clerks do with that information in deciding cases that set legal policy for the entire country.
Автор: Frank B. Cross Название: Decision Making in the U.S. Courts of Appeals ISBN: 0804753660 ISBN-13(EAN): 9780804753661 Издательство: Wiley EDC Рейтинг: Цена: 12355.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This groundbreaking book analyzes the decisions made by the United States circuit courts over the past half century. These courts have a profound impact on the law—they issue many more decisions in many more areas of law than the Supreme Court. Cross demonstrates that while the courts' judges are influenced by ideology and by the appointing president, legal requirements exercise a much stronger influence on their decisions. He also shows that these courts are independent of the other branches of government and free from undue influence of various parties. The book further introduces new research on the precedent-setting power of decisions.
Canada’s Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place?
Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases “win” a place on the Court’s agenda and others do not. Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada’s Supreme Court, Flemming offers both a qualitatively and quantitatively-based explanation of how Canada’s justices grant judicial review.
The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth or Europe, where the appeals process in the high courts is similar to that of Canada.
Canada’s Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place?
Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases “win” a place on the Court’s agenda and others do not. Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada’s Supreme Court, Flemming offers both a qualitatively and quantitatively-based explanation of how Canada’s justices grant judicial review.
The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth or Europe, where the appeals process in the high courts is similar to that of Canada.
Автор: Kuersten, Ashlyn Название: Decisions on the U.S. Courts of Appeals ISBN: 0815335725 ISBN-13(EAN): 9780815335726 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Название: Taylor on criminal appeals ISBN: 0192846043 ISBN-13(EAN): 9780192846044 Издательство: Oxford Academ Рейтинг: Цена: 38016.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book addresses the stages in a potential appeal from identifying grounds and forum for challenge, to setting out the procedure for launching, preparing for, and presenting the appeal. Each chapter contains a detailed analysis of the approach of the appellate courts in specific areas, and flow charts and references to online resources.
New York’s Court of Appeals is the highest court in the state, created in 1847 to articulate statewide principles of law in the context of deciding particular lawsuits. Focusing on broad issues of law rather than individual disputes, the Court now consists of seven judges—one chief judge and six associate judges—appointed by the governor to terms of fourteen years. Since its creation, the Court of Appeals has often been at the forefront of shaping American law; its judges have been among the nation’s most influential jurists. And now, this important reference work finally provides a comprehensive, authoritative guide to one hundred and sixty years of this important legal legacy. Featuring original biographies of 106 chief and associate judges, this unique resource takes the real measure of the Court’s history. The entries range in length from concise portraits to extended discussions of such leading figures at Benjamin Cardozo and Irving Lehman, from its first term under Chief Judge Freeborn G. Jewitt to the current term under Chief Judge Judith S. Kaye. Designed for lawyers, judges, scholars, and students of the courts and history, these valuable biographies are filled with essential facts, expert analysis, and illuminating interpretation. Each entry features a full personal and professional biography, and concise coverage of landmark cases, key opinions, and a detailed context for understanding the legacy of each jurist. In addition, the book features biographies of other important Court figures, hundreds of illustrations, full case citations, bibliographies, and listings of judges’ progeny. This first book of its kind fills a major gap in the literature and will be an essential resource not only for the New York legal community but also for scholars, students, and practitioners of the law around the country.
Автор: Christopher Lethem, Godfrey Cole, Mark Ockelton, Mary Kane, Meleri Tudur, Nicholas Wikeley, Yvette Genn Название: Making Decisions Judicially: A Guide for Decision-Makers ISBN: 1509957944 ISBN-13(EAN): 9781509957941 Издательство: Bloomsbury Academic Рейтинг: Цена: 11880.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions.The authors (all of whom have extensive judicial and quasi-judicial experience across England and Wales) guide the readers on the skills required at each stage of a hearing, including: ensuring there is a fair hearing; standards and conduct for decision-makers; successful communication; taking into account the needs of vulnerable participants and litigants in person; case management; assessing evidence; and reaching and delivering a well-structured decision.The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Having this book to hand will enable you to make effective and fair decisions that inspire confidence.
Автор: C. L. Ostberg, Matthew E. Wetstein Название: Attitudinal Decision Making in the Supreme Court of Canada ISBN: 0774813121 ISBN-13(EAN): 9780774813129 Издательство: Wiley EDC Рейтинг: Цена: 5146.00 р. Наличие на складе: Поставка под заказ.
Описание: This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.
Автор: C. L. Ostberg, Matthew E. Wetstein Название: Attitudinal Decision Making in the Supreme Court of Canada ISBN: 0774813113 ISBN-13(EAN): 9780774813112 Издательство: Wiley EDC Рейтинг: Цена: 14929.00 р. Наличие на складе: Поставка под заказ.
Описание: This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.
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