Download or read book Inconsistency and Indecision in the United States Supreme Court written by Matthew P Hitt and published by University of Michigan Press. This book was released on 2019-05-20 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.
Download or read book Inconsistency and Indecision in the United States Supreme Court written by Matthew P. Hitt and published by University of Michigan Press. This book was released on 2019-05-20 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court cannot be both efficient and consistent, and thus fails in its Constitutional mandate
Download or read book Oral Arguments and Coalition Formation on the U S Supreme Court written by Ryan C. Black and published by University of Michigan Press. This book was released on 2012-10-24 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oral arguments are a key aspect of the Supreme Court's decision-making process
Download or read book The Limits of Coexistence written by Rebecca L. Torstrick and published by University of Michigan Press. This book was released on 2000 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses the factors that will determine whether Jews and Palestinians can live together in peace
Download or read book The Supreme Court on Trial written by George C. Thomas and published by University of Michigan Press. This book was released on 2010-02-09 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
Download or read book US Supreme Court Doctrine in the State High Courts written by Michael P. Fix and published by Cambridge University Press. This book was released on 2020-08-20 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents – Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago – Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.
Download or read book The Supreme Court written by Lawrence Baum and published by CQ Press. This book was released on 2021-02-02 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court, Lawrence Baum provides a brief yet comprehensive introduction to the U.S. Supreme Court, one that is balanced and illuminating. In successive chapters, the book examines each major aspect of the Court: the selection, backgrounds, and departures of justices; the creation of the Court′s agenda; the decision-making process and the factors that shape the Court′s decisions; the substance of the Court′s policies; and the Court′s impact on government and American society. Describing the Court′s personalities and procedures, and delving deeply to explain the actions of the Court and the behavior of justices, Baum shows students the Court′s complexity and reach. Tables and figures, plus a lively photo program, make this one of the most engaging books available. It is simply the standard.
Download or read book Constitutional Judiciary in a New Democracy written by László Sólyom and published by University of Michigan Press. This book was released on 2000 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
Download or read book Home Style Opinion written by Joshua P. Darr and published by Cambridge University Press. This book was released on 2021-04-29 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: Local newspapers can hold back the rising tide of political division in America by turning away from the partisan battles in Washington and focusing their opinion page on local issues. When a local newspaper in California dropped national politics from its opinion page, the resulting space filled with local writers and issues. We use a pre-registered analysis plan to show that after this quasi-experiment, politically engaged people did not feel as far apart from members of the opposing party, compared to those in a similar community whose newspaper did not change. While it may not cure all of the imbalances and inequities in opinion journalism, an opinion page that ignores national politics could help local newspapers push back against political polarization.
Download or read book Time Series Analysis for the Social Sciences written by Janet M. Box-Steffensmeier and published by Cambridge University Press. This book was released on 2014-12-22 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Time series, or longitudinal, data are ubiquitous in the social sciences. Unfortunately, analysts often treat the time series properties of their data as a nuisance rather than a substantively meaningful dynamic process to be modeled and interpreted. Time Series Analysis for the Social Sciences provides accessible, up-to-date instruction and examples of the core methods in time series econometrics. Janet M. Box-Steffensmeier, John R. Freeman, Jon C. Pevehouse and Matthew P. Hitt cover a wide range of topics including ARIMA models, time series regression, unit-root diagnosis, vector autoregressive models, error-correction models, intervention models, fractional integration, ARCH models, structural breaks, and forecasting. This book is aimed at researchers and graduate students who have taken at least one course in multivariate regression. Examples are drawn from several areas of social science, including political behavior, elections, international conflict, criminology, and comparative political economy.
Download or read book Noise written by Daniel Kahneman and published by Little, Brown. This book was released on 2021-05-18 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Nobel Prize-winning author of Thinking, Fast and Slow and the coauthor of Nudge, a revolutionary exploration of why people make bad judgments and how to make better ones—"a tour de force” (New York Times). Imagine that two doctors in the same city give different diagnoses to identical patients—or that two judges in the same courthouse give markedly different sentences to people who have committed the same crime. Suppose that different interviewers at the same firm make different decisions about indistinguishable job applicants—or that when a company is handling customer complaints, the resolution depends on who happens to answer the phone. Now imagine that the same doctor, the same judge, the same interviewer, or the same customer service agent makes different decisions depending on whether it is morning or afternoon, or Monday rather than Wednesday. These are examples of noise: variability in judgments that should be identical. In Noise, Daniel Kahneman, Olivier Sibony, and Cass R. Sunstein show the detrimental effects of noise in many fields, including medicine, law, economic forecasting, forensic science, bail, child protection, strategy, performance reviews, and personnel selection. Wherever there is judgment, there is noise. Yet, most of the time, individuals and organizations alike are unaware of it. They neglect noise. With a few simple remedies, people can reduce both noise and bias, and so make far better decisions. Packed with original ideas, and offering the same kinds of research-based insights that made Thinking, Fast and Slow and Nudge groundbreaking New York Times bestsellers, Noise explains how and why humans are so susceptible to noise in judgment—and what we can do about it.
Download or read book Judgment in Berlin written by Herbert J. Stern and published by Simon and Schuster. This book was released on 2021-06-01 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Suspenseful...moving...equal to any fictional thriller." —San Francisco Chronicle In August 1978, the Iron Curtain still hung heavily across Europe. To escape from oppressive East Berlin, an East German couple, Hans Detlef Alexander Tiede and Ingrid Ruske, hijacked a Polish airliner and diverted it to the American sector of West Berlin. Along with the couple, several passengers spontaneously defected to the West, and were welcomed by US officials. But within hours, Communist officials reminded the West of the anti-hijacking agreements in the Warsaw Pact, and thus the fugitives were arrested by the US State Department. Thirty-four years after World War II, the United States built a court in the middle of West Berlin, the former capital of the Third Reich, in the building that once housed the Luftwaffe, to try the hijacking couple. Former NJ district attorney, now a judge, Herbert J. Stern was appointed the "United States Judge for Berlin." What followed was a trial full of maneuvers and strategies that would put Perry Mason to shame, and answered the question: what is allowed to people seeking freedom? Judgment in Berlin, also a major motion picture starring Martin Sheen and Sean Penn, is unsurpassed as a true-life suspense story, with its vivid accounts of daring escapes, close calls, diplomatic intrigue, and dramatic courtroom confrontations. The original edition won the Freedom Foundation Award, and this updated edition includes a new introduction from author and trial judge Herbert J. Stern.
Download or read book The Conscientious Justice written by Ryan C. Black and published by Cambridge University Press. This book was released on 2019-11-21 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals how Supreme Court justices' personalities, particularly conscientiousness, influence the Law, the High Court, and the Constitution.
Download or read book Acceptable Risk written by Baruch Fischhoff and published by Cambridge University Press. This book was released on 1981 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: A framework for making decisions about risks, with recommendations for research, public policy, and practice.
Download or read book William Penn Lyon written by Clara Lyon Hayes and published by . This book was released on 1926 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wisconsin Magazine of History written by Milo Milton Quaife and published by . This book was released on 1925 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Politics of Constitutional Reform in North America written by Rainer-Olaf Schultze and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 1999, some fifteen academic experts and government practitio ners from Germany and North America gathered for two days at the Uni ver sity of Augsburg to discuss the topic of "Constitutional Reform and Consti tutional Jurisprudence in Canada and the United States." The present volume documents the results of that conference, a collaborative effort of the De partment of Political Science, University of Erlangen-Nuremberg, and the Institute for Canadian Studies, University of Augsburg. In organizing this workshop, we were guided by two basic sets of ideas and assumptions: First, all "established" democracies are regularly confron ted with the need to adjust their constitutional order to changes in their envi ronment lest democratic stability be transformed into rigidity; in many wes tern nations, including Canada and the United States, developments such as the crisis of the Keynesian welfare-state or the emergence of increasingly heterogeneous, postmodern societies have ushered in an era of heightened, yet not always successful constitutional reform activity. Secondly, however, there is no unique path towards, or model of, an "optimal" constitutional order, however defined; rather, constitutional reform processes, their under Iying normative principles and their outcomes are strongly path and context dependent. Therefore, the participants of the workshop and authors of this volume were asked to examine the specific preconditions, context, nature and impact of recent constitutional reform processes in the Uni ted States and Canada.
