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 Courts and Congress written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role should the Senate play in the selection and confirmation of judges? What criteria should be used to evaluate nominees? What kinds of questions and answers are appropriate in confirmation hearings? What problems do judges face as they interpret laws enacted by Congress? And what kinds of communications are proper between judges and legislators? Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional relations. After identifying problems, he offers ways to improve understanding between the two branches.

Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

Download or read book Institutional Disability written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 1986 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This case study of transportation policy for disabled people illustrates the flaws in policymaking that lead many Americans to believe government is not working as it should. Robert A. Katzmann examines the workings of the legislative, administrative, and judicial processes, both separately and in interaction, as he relates the erratic path of transportation policy for the disabled over two decades. An estimated 13.4 million people in this country have difficulty using public transportation, but the federal response to their problems of mobility is of fairly recent vintage, beginning with legislation in the early 1970s. Since then, there have been many twists and turns in policy, involving a wide array of governmental institutions. These constant shifts have confused state and local governments, the transit industry, and the disabled community. Assessing why policy was so erratic, Katzmann concludes that in part the confusion resulted from the inability to choose between conflicting approaches to the problem--one oriented toward the rights of equal access for the disabled, and the other favoring effective mobility by any practical means. In addition, the conflict between these two policy approaches was compounded by increasing fragmentation within and among national institutions.

Download or read book Henry Friendly Greatest Judge of His Era written by David M. Dorsen and published by Harvard University Press. This book was released on 2012-04-10 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.

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 Federal Criminal Practice written by Gordon Mehler and published by . This book was released on 2021 with total page 1646 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Becoming Justice Blackmun written by Linda Greenhouse and published by Macmillan. This book was released on 2007-04-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A fascinating book. In clear and forceful prose, Becoming Justice Blackmun tells a judicial Horatio Alger story and a tale of a remarkable transformation . . . A page-turner."—The New York Times Book Review In this acclaimed biography, Linda Greenhouse of The New York Times draws back the curtain on America's most private branch of government, the Supreme Court. Greenhouse was the first print reporter to have access to the extensive archives of Justice Harry A. Blackmun (1908–99), the man behind numerous landmark Supreme Court decisions, including Roe v. Wade. Through the lens of Blackmun's private and public papers, Greenhouse crafts a compelling portrait of a man who, from 1970 to 1994, ruled on such controversial issues as abortion, the death penalty, and sex discrimination yet never lost sight of the human beings behind the legal cases. Greenhouse also paints the arc of Blackmun's lifelong friendship with Chief Justice Warren E. Burger, revealing how political differences became personal, even for two of the country's most respected jurists. From America's preeminent Supreme Court reporter, this is a must-read for everyone who cares about the Court and its impact on our lives.

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 Benched written by Jon Ormond Newman and published by William S. Hein & Company Incorporated. This book was released on 2017-07 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Close cases often present a conflict between two or more rules, and many are not at all clear. In forty-five years as a federal judge, I’ve learned that judging is a more complicated and subtle task. "Benched" is about what a judge really does. Unlike Roberts’ “balls and strikes” disclaimer, I try to reckon with the difficulty of deciding close cases—and why the age-old complaint that too many judges "make law instead of just applying it" is a canard. I also seek to dispel the popular misconception that we judges are just voting our personal preferences. "Benched" also outlines nineteen proposals for improvements in the American system of justice. They cover such diverse topics as police misconduct lawsuits, selection of juries, citizen standing to sue government officials, reviving the independent counsel, and death penalty sentencing. Finally, "Benched" is an account of the life I’ve been fortunate to live.--Prologue.

Download or read book The Law Firm and the Public Good written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can law firms do to ensure justice for all? How can they serve the needs of those unable to pay? How can law firms improve the quality of life for their lawyers? At a time when government support for legal aid is limited and under fire, when recent U.S. presidents have urged increased volunteerism, when the American Bar Association's Law Firm Pro Bono Challenge is under way, and when some within the legal profession have called for mandatory pro bono work, this new book examines these important questions. The Law Firm and the Public Good blends academic scholarship with real world experience as it brings together lawyers who have wrestled with the pressures of everyday practice. Concerned about deepening the commitment of large law firms to the wider community, the authors seek to provide a blueprint for firms concerned with creating, developing, implementing, and evaluating pro bono programs. Moving beyond the ethical arguments which justify a law firm's commitment to community service, the authors argue that pro bono work is in the firm's self-interest. They show that a heightened concern with the public good can improve a lawyer's spirit, sharpen lawyering skills, and enhance the humanistic traditions of law practice. They conclude that professional responsibility and self-interest support the same conclusion: that the law firm and the public good are inextricably linked and that each can draw strength from the other in ways that nourish both. The contributors are William A. Bradford, Jr., Hogan & Hartson; Senior Circuit Judge Frank M. Coffin, U.S. Court of Appeals for the First Circuit; Anthony F. Earley, Jr., Detroit Edison; Marc Galanter, University of Wisconsin-Madison; Donald W. Hoagland, Davis, Graham & Stubbs; William C. Kelly, Jr., Latham & Watkins; Esther F. Lardent, director of the ABA's Law Firm Pro Bono Project; Edwin L. Noel, Armstrong, Teasdale, Schlafly & Davis; Thomas Palay, University of Wisconsin-Madison; J

Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Regulatory Bureaucracy written by Robert A. Katzmann and published by MIT Press (MA). This book was released on 1980 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Civil Appeals written by Michael Burton and published by Xpl Pub. This book was released on 2011-12-01 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections

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 The Unions and the Cities written by Harry H. Wellington and published by . This book was released on 1972 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research monograph on problems resulting from the emergence of militant trade unionism among urban area civil servants and public servants in the USA, with particular reference to the applicability of collective bargaining to the public sector - questions the assertion that what works in private employment will work equally well in the public sector, examines the impact of strike actions of municipal employees on the public interest, etc., and suggests remedial measures. References and statistical tables.