Описание: This is the first in-depth empirical and historical study of the use of law clerks by American judges. Although possessing a hundred-year heritage, the institution has been ignored as an important component of the process of judicial decision-making. Law clerks are, in the authors' words, "subordinate, anonymous, but often quite powerful lawyers who function as the non-commissioned officers in the army of the judiciary." American courts are currently altering the traditional use of law clerks through the introduction of important innovations that enhance the ability of judges to dispose of cases rapidly but detract from personal judicial control over individual decisions. The authors investigate the clash of tradition and innovation through interviews with sixty-three judges of federal courts and appellate courts in California. They find distinctly different models of law clerk usage in the state and federal systems, which they analyze on the basis of the judges' own perceptions of the qualitative and quantitive impact on their decision of variations in the character, tenure, and duties of staff assistants. They offer suggestions on how modern courts can cope with the "crisis of volume" without unduly sacrificing traditional standards of judicial autonomy. Because of the confidential nature of judicial deliberations, judges are rarely willing to discuss publicly their use of law clerks. This study employs unconventional techniques for penetrating the secrecy of judicial chambers while respecting the confidentiality and the individuality of its sources. It presents important new information on the internal operating procedures of the courts studies, collating interview data with facts abstracted from pre-existing but often obscure sources, and providing a particularly close look at the inner workings of the Supreme Court of California and the United States Court of Appeals for the Ninth Circuit. Revealing the significance of public funding of judicial staff in determining patterns of law clerk usage, it should promote further investigation and debate regarding the proper structure and role of staff assistance in the judicial process. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1980.
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.
Автор: Corley, Pamela C. Название: American Judicial Process ISBN: 0415532981 ISBN-13(EAN): 9780415532983 Издательство: Taylor&Francis Рейтинг: Цена: 13014.00 р. Наличие на складе: Поставка под заказ.
Название: Judicial elections in the 21st century ISBN: 1138185892 ISBN-13(EAN): 9781138185890 Издательство: Taylor&Francis Рейтинг: Цена: 7195.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The nation`s leading authorities on judicial elections have come together in one volume to present the latest cutting edge research on state judicial elections in their current form, including the extraordinary transformations of recent years.
Автор: Thomas Название: The Judicial Process ISBN: 0521855667 ISBN-13(EAN): 9780521855662 Издательство: Cambridge Academ Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This 2005 book dismantles the outdated theories still exhibited in much judicial reasoning, and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times which is realistic and pragmatic and which embraces a revised conception of practical reasoning.
Автор: F.L. Morton, Dave Snow Название: Law, Politics, and the Judicial Process in Canada, 4th Edition ISBN: 1552389901 ISBN-13(EAN): 9781552389904 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 8150.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada.
Автор: Deplato, Justin P. Название: United states supreme court and politics ISBN: 1498512186 ISBN-13(EAN): 9781498512183 Издательство: Bloomsbury Рейтинг: Цена: 11286.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: While commonsense attitudes towards the United States Supreme Court have been focused on what decisions they are likely to make, this book focuses on the impacts of other politicized elements of the Court, such as the nomination process, docket selection, and judicial retirements.
The purpose of this work is to analyze the functioning of extra-legal references (general clauses) in the context of the relation between the legislative policy of opening the legal system and judicial discretion in the field of law interpretation. This publication is based on the analysis of normative acts (in Poland and other selected European countries) and judicial decisions (mainly Polish). The result of the study is an attempt to settle the scope of judicial discretion in determining the content of reference criteria, the basis for their application, and their role in various stages of the process of judicial interpretation of the law. The book concludes with an attempt to construct a comparative and an optimization model of the functioning of general clauses in the legal order.
Автор: Stevens, Richard Название: Reason and History in Judicial Judgment ISBN: 1412807689 ISBN-13(EAN): 9781412807685 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Cardozo Benjamin N Название: Nature of the Judicial Process ISBN: 1610279824 ISBN-13(EAN): 9781610279826 Издательство: Неизвестно Рейтинг: Цена: 6332.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Thomas Название: The Judicial Process ISBN: 0521066883 ISBN-13(EAN): 9780521066884 Издательство: Cambridge Academ Рейтинг: Цена: 7445.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This 2005 book dismantles the outdated theories still exhibited in much judicial reasoning, and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times which is realistic and pragmatic and which embraces a revised conception of practical reasoning.
Автор: Burbank Название: Rights and Retrenchment ISBN: 1107136997 ISBN-13(EAN): 9781107136991 Издательство: Cambridge Academ Рейтинг: Цена: 16632.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In Rights and Retrenchment, the authors show that an increasingly conservative, unelected Supreme Court has undermined the enforcement of federal rights with little public notice. This book will be of interest to students, scholars, and citizens concerned about rights and their enforcement.
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