Download or read book Judicial Deliberations written by Mitchel de S.-O.-L'E. Lasser and published by . This book was released on 2009 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach.

Download or read book Judicial Deliberations written by and published by . This book was released on 2004 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author compares how and why the European Court of Justice the French Cour de cassation and the United States Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation and ultimately judicial legitimacy.--Résumé de l'éditeur.

Download or read book Adopting the Judicial Deliberations Privilege written by Charles Sorenson and published by . This book was released on 2014 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Massachusetts Supreme Judicial Court (SJC) is the most recent court to join the small number of courts that expressly have adopted the judicial deliberations privilege. The privilege, which is well-grounded in “common-law and constitutional jurisprudence and [] precedents,” protects the deliberative processes of a judge from intrusion. In re Enforcement of a Subpoena, 463 Mass. 162, 163 (2012), involved the efforts of a special prosecutor for the Commission on Judicial Conduct to obtain testimony and documents from the petitioner, a trial court judge being investigated for alleged misconduct. The judge resisted producing the documents and giving testimony, asserting that the information and testimony sought was shielded by a privilege for his deliberative communications and thoughts. The matter came before the Supreme Judicial Court when the judge filed motions for a protective order and to quash the subpoena that had been issued. In its unanimous opinion, the court undertook a thorough analysis of the issue. The court recognized that deciding whether the privilege should be adopted and determining the scope of that privilege required a careful evaluation of the values served by the privilege and the cost to society of the application of that privilege. The court concluded that a judicial deliberations privilege is “necessary to the finality, integrity and quality of judicial decisions” and would “not overly impede the commission's investigations.” The court also held that the privilege was absolute - that is, in deciding whether to apply the privilege there will be no ad hoc balancing of the need for the information against the values served by the privilege. Once it is determined that information is within the scope of the privilege, it applies.This article reviews the history and precedents pertaining to the judicial deliberations privilege, and examines the Supreme Judicial Court's decision formally adopting the privilege. The article concludes that the court has properly balanced the important values served by the privilege against the recognized need to hold judges accountable for misconduct. In doing so, the court has created a robust privilege with a limited scope. The court's decision should serve as an influential precedent for courts that face this issue in the future.

Download or read book Judicial Decision Making in a Globalised World written by Elaine Mak and published by A&C Black. This book was released on 2014-07-04 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

Download or read book The Legitimacy of Highest Courts Rulings written by Nick Huls and published by T.M.C. Asser Press. This book was released on 2009-02-12 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (2004), the American-French scholar Mitchel Lasser has, among other things, tried to re-establish the strengths of the French cassation system. Using Lasser's approach and ideas as a starting point for this book, judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing. Specific attention is also given to the Strasbourg Court on Human Rights, that has been so important for the moral legitimacy of the European legal order, and to courts in post-communist systems, which face many similar challenges and are under even greater pressure to modernise. The book is a multidisciplinary contribution to the international debate about the legitimacy of highest courts' rulings, the concept of judicial leadership, and offers a new perspective in the USA-versus-Europe debate.

Download or read book The Legitimacy of Highest Courts Rulings written by Nick Huls and published by T.M.C. Asser Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (Oxford 2004), the American-French scholar Mitchel Lasser has, among other things, tried to re-establish the strengths of the French cassation system. Using Lasser's approach and ideas as a starting point, in this book judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing. The book also contains a series of contributions from scholars analyzing the wide range of factors that determine the legitimacy of these courts’ decisions. Specific attention is given to the Strasbourg Court of Human Rights that has been so important for the moral legitimacy of the European legal order, and to courts in post-communist systems, which face many similar challenges and are even under greater pressure to modernize. The book is a multidisciplinary contribution to the international debate about the legitimacy of the highest courts’ rulings as well as the concept of judicial leadership and offers a new perspective in the USA versus Europe debate. It is recommended reading for academics, judges, policymakers, political scientists and students. Nick Huls is a Professor of socio-legal studies at the Faculty of Law of the Erasmus University Rotterdam and Leiden University’s Faculty of Law, The Netherlands. Maurice Adams is a Professor of law at Tilburg University, The Netherlands, and part-time Professor of comparative law at Antwerp University in Belgium. JaccoBomhoff is a Lecturer in law at the Law Department of the London School of Economics in the UK.

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 Judging in Good Faith written by Steven J. Burton and published by Cambridge University Press. This book was released on 1994-11-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.

Download or read book Recording of Jury Deliberations written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws and published by . This book was released on 1955 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines secret jury deliberation transcription practices of Edward H. Levi in Ford Foundation sponsored legal research.

Download or read book Recording of Jury Deliberations written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1956 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Recording of Jury Deliberations written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1955 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Recording of Jury Deliberations written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws and published by . This book was released on 1955 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial Transformations written by Mitchel de S.-O.-l'E. Lasser and published by Blackstone Press. This book was released on 2009-07-30 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of fundamental rights is exploding across all areas of law in Europe. Grounded in comparative law and political science, this book explores the causes of the rights revolution, and its impact on European judiciaries.

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 Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial Deliberations in the European Court of Human Rights written by Janneke Gerards and published by . This book was released on 2008 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their important 1997 article on supranational adjudication, Laurence Helfer and Anne-Marie Slaughter state that supranational adjudication in Europe is a remarkable and surprising success, and that it is clear that the European Court of Human Rights (ECtHR) ha[s] convinced national governments, individual litigants, and the European public to endorse and participate in frequent and often high-stakes adjudication at a level above the nation-state. Taking this finding as a starting point, one would be inclined to believe that the ECtHR has effectively overcome the difficulties of being a supranational court. This paper, however, attempts to shed a different light on the effectiveness of the ECtHR's judicial discourse. Focusing on a number of characteristic features of the Court's jurisprudence, it analyses how the Court deals with the practical and institutional problems that are related to its position as a supranational, semi-constitutional Court. The main finding of the paper is that the Court's argumentative approach hardly seems to be adequate and sufficient to meet these problems: the Court's discourse shows problematic ambiguities that entail considerable risks for its position as an influential and authoritative supranational court. It will be highly important to improve the Court's judicial techniques and argumentative approaches in order to safeguard its legitimacy and effectiveness.