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.
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: 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.
Описание: Although the thirteen United States Courts of Appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these Courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics, but by many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each Court of Appeals. In-depth interviews of the Chief Judges of all thirteen circuits and surveys of all Clerks of Court reveal previously undisclosed practices and customs.
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.
Описание: Although the thirteen United States Courts of Appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these Courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics, but by many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each Court of Appeals. In-depth interviews of the Chief Judges of all thirteen circuits and surveys of all Clerks of Court reveal previously undisclosed practices and customs.
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.
Автор: Cross, Frank B. Название: Decision making in the u.s. courts of appeals ISBN: 0804757135 ISBN-13(EAN): 9780804757133 Издательство: Wiley EDC Рейтинг: Цена: 3602.00 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.
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