Download or read book Benchbook for U S District Court Judges written by and published by . This book was released on 2000 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book The Behavior of Federal Judges written by Lee Epstein and published by Harvard University Press. This book was released on 2013-01-07 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.

Download or read book The Federalist Society written by Michael Avery and published by Vanderbilt University Press. This book was released on 2021-04-30 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law

Download or read book Brown v Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Download or read book Pattern Jury Instructions written by and published by . This book was released on 1997 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Dumbing Down the Courts written by John R. Lott, Jr. and published by Hillcrest Publishing Group. This book was released on 2013-09-17 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book A Matter of Interpretation written by Elizabeth Mac Donald and published by . This book was released on 2021-06 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's 13th-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his "lost" knowledge. The Scot sets to his task, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State--one that has shaped how we view the world today.

Download or read book Judicial Writing Manual written by and published by . This book was released on 1991 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Download or read book Crisis and Response written by Federal Deposit Insurance Corporation and published by . This book was released on 2018-03-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Crisis and Response: An FDIC History, 2008¿2013 reviews the experience of the FDIC during a period in which the agency was confronted with two interconnected and overlapping crises¿first, the financial crisis in 2008 and 2009, and second, a banking crisis that began in 2008 and continued until 2013. The history examines the FDIC¿s response, contributes to an understanding of what occurred, and shares lessons from the agency¿s experience.

Download or read book Federal Courts written by Donald L. Doernberg and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text is largely structured as before, but offers new teaching/learning possibilities because of the interactive features. There has been major restructuring of Chapters 1 (Justiciability) and 11 (Habeas Corpus) to make them more teachable. Chapter 3 reflects changes in the Court's approach to federal-question jurisdiction, with Merrell Dow fading into the background, replaced by Grable and Gunn v. Minton. The text also includes the two significant standing cases decided at the very end of the October 2012 Term: Hollingsworth v. Perry and Windsor v. United States.

Download or read book Federal Courts Standards of Review written by Harry T. Edwards and published by West Academic Publishing. This book was released on 2007 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.

Download or read book Reports of Cases Argued and Adjudged in the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 1993 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Hart and Wechsler s the Federal Courts and the Federal System Supplement written by Richard H. Fallon, JR. and published by Foundation Press. This book was released on 2008-07 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2008 Supplement updates the main text with recent developments. Topics discussed include the development and structure of the federal judicial system; cases and controversies; the original jurisdiction of the Supreme Court; the distribution of judicial power among federal and state courts; review of state court decisions by the Supreme Court; civil actions in the district courts; federal common law; jurisdiction of the district courts; suits challenging official action; limitations on district court jurisdiction; federal habeas corpus; problems of district court jurisdiction; and appellate review of federal decisions.

Download or read book Federal Jurisdiction written by Erwin Chemerinsky and published by Piatkus Books. This book was released on 1992 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Federal Courts written by Peter Charles Hoffer and published by Oxford University Press. This book was released on 2016 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."