Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
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 Increase of Judicial Salaries written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1924 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (68) S. 3363.
Download or read book Increasing the Salaries of Federal Judges written by United States. House. Subcommittee No. 2 of the committee on the Judiciary and published by . This book was released on 1951 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Increasing the Salaries of Federal Judges written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1949 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Increasing the Salaries of Federal Judges written by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 2 and published by . This book was released on 1951 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Perils of Judicial Self Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Government Code written by Texas and published by . This book was released on 2000 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Download or read book Complex Justice written by Joshua M. Dunn and published by UNC Press Books. This book was released on 2012-09-01 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.
Download or read book The Cost of Justice written by Mike Gedgoudas and published by . This book was released on 2008-12-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney Michael Gedgoudas' debut novel carves its own spot in courtroom drama while successfully competing with the best of John Grisham's works. The reader is privy to inner workings and behind the scenes motivations at the highest levels of the state legal system.The Cost of Justice exposes the greed and corruption in high stakes litigation and weaves through a maze of plots designed to extort and bribe the judiciary. The story unfolds in Alabama, one of the few states that elect Supreme Court Justices in partisan elections. Jackson Garrett, an unlikely politician, finds his way onto the Court after making a name for himself on both sides of the legal fence. Though his ultimate goal is to bring moderation back to the judiciary, he learns early that his financiers expect a return on their investment. When Hurricane Peter strikes the south Alabama gulf coast, Jack finds himself in the center of an ethical, political and legal storm that threatens his whole existence. He relies on the strength of a friend and buddy from Louisiana to help him weather the fierce storm. Corruption spirals out of control, as Taylor Franklin, a powerful executive at Insure Pro, tries to minimize the over fourteen billion dollars of damage his company is about to absorb. Implemented and operated by his Director of Security, a fallback plan, many years in the making, begins to unravel, and the stakes are raised at every turn. Just how far will this massive insurer be willing to go to maintain its control over the High Court? The Cost of Justice blurs the line between fiction and reality and leaves the reader wondering if this could really happen, or even worse, has it?
Download or read book Increasing the Salaries of Federal Judges written by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 1 and published by . This book was released on 1949 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Federal Courts written by Richard A. Posner and published by Harvard University Press. This book was released on 1999-09-15 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 1998 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Download or read book Judicial Salaries written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1924 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
