Appointing Judges In An Age Of Judicial Power

Author by : Peter H. Russell
Languange : en
Publisher by : University of Toronto Press
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Description : The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.


The Oxford Handbook Of Empirical Legal Research

Author by : Peter Cane
Languange : en
Publisher by : OUP Oxford
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Total Read : 52
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Description : The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.


Political Structure Of Turkey

Author by : Anonim
Languange : en
Publisher by : Unknown
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Total Read : 32
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Fragile Bastion

Author by : Helen Cunningham
Languange : en
Publisher by : Unknown
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Total Read : 50
Total Download : 594
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Description : Published by the Judicial Commission of New South Wales. This book is no longer available from The Federation Press. To purchase a copy or for further information, please contact the Judicial Commission on email [email protected], putting "Fragile Bastion" or "publishing" in the subject line.


Justice Triumphs

Author by : S. Mohan
Languange : en
Publisher by : Unknown
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Total Read : 20
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How Judges Judge

Author by : Brian M. Barry
Languange : en
Publisher by : Taylor & Francis
Format Available : PDF, ePub, Mobi
Total Read : 35
Total Download : 474
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Description : A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.


The Politics Of Judicial Independence In The Uk S Changing Constitution

Author by : Graham Gee
Languange : en
Publisher by : Cambridge University Press
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Description : Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.


The Australian Judiciary

Author by : Enid Campbell
Languange : en
Publisher by : Cambridge University Press
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Description : "This new edition follows the scheme of the first edition of the book. As was stated in the first edition, the principal aim of this book is to contribute to a better understanding of the Australian judiciary. Australians are entitled to engage in critical discussions about the judicial branch of government, as is befitting a healthy democracy. However, when they do so, it should be from an informed standpoint. Sir Gerard Brennan, Chief Justice of the High Court of Australia 1995-1998, said:"--


Justices On The Ballot

Author by : Herbert M. Kritzer
Languange : en
Publisher by : Cambridge University Press
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Description : This book investigates state supreme court elections in the United States from WWII to the present. Through original analysis of voting returns, campaign budgets, and illustrative case studies, the author shows that elections have become less politicized than commonly believed.


Life Sentence

Author by : Christie Blatchford
Languange : en
Publisher by : Doubleday Canada
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Total Read : 46
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Description : A beloved crime reporter revisits some of her biggest assignments and passes judgement on our judicial system—and especially its judges—in this national bestseller. When Christie Blatchford wandered into a Toronto courtroom in 1978 for the start of the first criminal trial she would cover as a newspaper reporter, little did she know she was also at the start of a self-imposed life sentence. She has been reporting from Canadian courtrooms for the Toronto Star, The Globe and Mail and the National Post ever since. Back in '78, she loved the courts, lawyers and judges, and that persisted for many years. But slowly, surely, she suffered a loss of faith. What happened? It was at the recent Mike Duffy trial she had the epiphany: That judges are the new senators, unelected, unaccountable and overly entitled. Yet unlike senators, they continue to get away with it because any questioning by government or its agents is deemed an intrusion onto judicial independence. In her explosive new book, Christie Blatchford revisits trials from throughout her career and asks the hard questions--about judges playing with the truth--through editing of criminal records, whitewashing of criminal records, pre-trial rulings that kick out evidence the jury can't hear. She discusses bad or troubled judges--how and why they get picked, and what can be done about them. And shows how judges are handmaidens to the state, as in the Bernardo trial when a small-town lawyer and an intellectual writer were pursued with more vigor than Karla Homolka. For anyone interested in the political and judicial fabric of this country, Life Sentence is a remarkable, argumentative, insightful and hugely important book.


Independence And Accountability Of The Higher Indian Judiciary

Author by : Arghya Sengupta
Languange : en
Publisher by : Cambridge University Press
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Total Read : 73
Total Download : 600
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Description : The Supreme Court of India is a powerful institution at the forefront of public attention in India. It is often engaged in a bitter duel with the government on issues as diverse as the administration of cricket in India to whether liquor shops are allowed on highways. Despite such public prominence, very little attention has been paid to who the judges of the Supreme Court are, how they are appointed, transferred and removed, and what they do after retirement. This book provides an account of these four facets of judicial functioning and analyses the processes in operation today. It argues that each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability, or both. Its main argument is that both judicial independence and accountability are necessary for 'an effective judiciary', and these two values are not in conflict with each other as is commonly assumed.


The American Traveller Or Guide Through The United States Primary Source Edition

Author by : Henry Schenck Tanner
Languange : en
Publisher by : Unknown
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Total Read : 44
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Description : This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 Excerpt: ...population of 140,455 including 25,091 slaves. Area, 65,500 square miles; capital, Jefferson; metropolis, St. Louis; latitude 38 37' north, longitude 13 14'east. General election, first Monday in August, biennially; legislature meet first Monday in November, every second year; constitution formed, 180. Government.--Governor, term of office four years--salary $1500 per annum. Lieutenant-governor is president of the senate. Legislature.--The legislative power is vested in a general assembly. consisting of a senate and a house of representatives. The members of the former body are elected for four years; the members of the latter, for two years. Every county is entitled to one representative; but the whole number can never exceed 100 members. The senators are chosen by districts. The constitutional number is not less than 14 nor more than 33. The elections for senators and representatives are held biennially; and for governor and lieutenant-governor once in four years, on the first Monday in August. The legislature meet every second year (at the city of Jefferson, ) on the first Mon day in November. Judiciary.--The judicial power is vested in a supreme court, circuit courts, and such other inferior tribunals as the general assembly may, from time to time, establish. The judges are appointed by the governor, by and with the consent of the senate; and they hold their offices during good behaviour, but not beyond the age of 65 years. The supreme court consists of a presiding judge and two associate judges; the salary of each $1,100 per annum. There are five circuit courts and as many judges. The salary of each is 1,000 per annum. Physical Structure.--The surface of this state is greatly diversified. The alluvial bottoms are level. In the middle part rises a hilly ...


Selecting Europe S Judges

Author by : Michal Bobek
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 400
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Description : The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organisations, or vertically, between the respective organisation and its Member States? Above all, has the spree of 'judicial comitology' as currently practised a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.


Courts In Latin America

Author by : Gretchen Helmke
Languange : en
Publisher by : Cambridge University Press
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Total Read : 80
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Description : To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.


Women Judging And The Judiciary

Author by : Erika Rackley
Languange : en
Publisher by : Routledge
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Total Read : 51
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Description : Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity – the necessity of appointment on merit – is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.


The Integrity Of The Judge

Author by : Jonathan Soeharno
Languange : en
Publisher by : Routledge
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Total Read : 41
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Description : There is no consensus among legal scholars on the meaning of judicial integrity, nor has legal scholarship yet seen a well-articulated discussion about the normative concept of judicial integrity. This book makes an analysis of the discourses on judicial integrity in judiciaries in both established and developing democracies. In the former, the rule of law is well-developed and trust in the judges is high, yet new demands for accountability emerge. In the latter, traditional integrity problems such as fraud and corruption take centre stage. The author argues that integrity must be understood both as professional virtue -discussed here through the lens of virtue ethical theory - and as the safeguarding of public trust, as understood through institutional theory. The Integrity of the Judge is a significant new work for legal theorists and philosophers, as well as scholars of legal and judicial ethics.


Judiciaries In Comparative Perspective

Author by : H. P. Lee
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 33
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Description : An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.


Judicial Reputation

Author by : Nuno Garoupa
Languange : en
Publisher by : University of Chicago Press
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Total Read : 58
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Description : In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.


Democratic Dilemma

Author by : Nadia Verrelli
Languange : en
Publisher by : McGill-Queen's Press - MQUP
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Total Read : 39
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Description : The process used to select judges of the Supreme Court of Canada has provoked criticism from the start. Some observers argue the process - where the prime minister has unfettered discretion - suffers from a democratic deficit, but there is also disagreement regarding alternative methods of selection. The Democratic Dilemma: Reforming Canada's Supreme Court explores the institutional features of the Court, whether the existing process used to select judges ought to be reformed, the overall legitimacy of the Court, as well as the selection and appointment processes of Supreme Court justices in other liberal democracies. This book will be of special interest to students and scholars of Canadian federalism, the judiciary, and comparative supreme courts. The Democratic Dilemma: Reforming Canada's Supreme Court is the second volume in the Institute of Intergovernmental Relations' Democratic Dilemma series. The first, The Democratic Dilemma: Reforming the Canadian Senate is edited by Jennifer Smith. Contributors include Arthur Benz (Technische Universität Darmstadt, Germany), Jorge O. Bercholc (Institute of Social and Legal Research Ambrosio L. Gioja), Eugénie Brouillet (Université Laval), Erin Crandall (McGill University), Neil Cruickshank (Algoma University), F.C. DeCoste (University of Alberta), Yonatan Fessha (University of the Western Cape, South Africa), Peter W. Hogg (Blake, Cassels & Graydon LLP), Eike-Christian Hornig (Technische Universität Darmstadt, Germany), Allan C. Hutchinson York University), Achim Hurrelmann (Carleton University), Andrée Lajoie (Université de Montréal), Martin Manolov (Human Resources and Skills Development Canada), Aman McLeod (Rutgers University), Peter McCormick (University of Lethbridge), Peter Oliver (University of Ottawa), Yves Tanguay (CRIDAQ), Alan Trench (solicitor, England and Wales), and Nadia Verrelli (Algoma University and Queen's University).


Disciplining Judges

Author by : Richard Devlin
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 92
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Description : Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.


Judging Russia

Author by : Alexei Trochev
Languange : en
Publisher by : Cambridge University Press
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Total Read : 50
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Description : This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia's governance and fought to ensure compliance with their judgments.


Perils Of Judicial Self Government In Transitional Societies

Author by : David Kosař
Languange : en
Publisher by : Cambridge University Press
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Total Read : 53
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Description : Judicial councils and other judicial self-government bodies have become a worldwide phenomenon. Democracies are increasingly turning to them to insulate the judiciary from the daily politics, enhance independence and ensure judicial accountability. This book investigates the different forms of accountability and the taxonomy of mechanisms of control to determine a best practice methodology. The author expertly provides a meticulous analysis, using over 800 case studies from the Czech and Slovak disciplinary courts from 1993 to 2010 and creates a systematic framework that can be applied to future cases.


Criminal Justice In International Society

Author by : Willem de Lint
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 91
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Description : This book adopts a critical criminological approach to analyze the production, representation and role of crime in the emerging international order. It analyzes the role of power and its influence on the dynamics of criminalization at an international level, facilitating an examination of the geopolitics of international criminal justice. Such an approach to crime is well-developed in domestic criminology; however, this critical approach is yet to be used to explore the relationship between power, crime and justice in an international setting. This book brings together contrasting opinions on how courts, prosecutors, judges, NGOs, and other bodies act to reflexively produce the social reality of international justice. In doing this, it bridges the gaps between the fields of sociology, criminology, international relations, political science, and international law to explore the problems and prospects of international criminal justice and illustrate the role of crime and criminalization in a complex, evolving, and contested international society.


Research Handbook On Law And Courts

Author by : Susan M. Sterett
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 75
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Description : The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.


The Judicial Power Of The United States

Author by : John V. Orth
Languange : en
Publisher by : Oxford University Press on Demand
Format Available : PDF, ePub, Mobi
Total Read : 82
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Description : This book reconstructs the fascinating but obscure history of the Eleventh Amendment to the US Constitution, which limits the exercise of US judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction: by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction.


The Nonsense Factory

Author by : Bruce Cannon Gibney
Languange : en
Publisher by : Hachette UK
Format Available : PDF, ePub, Mobi
Total Read : 99
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Description : A withering and witty examination of how the American legal system, burdened by complexity and untrammeled growth, fails Americans and threatens the rule of law itself, by the acclaimed author of A Generation of Sociopaths. Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice." Meanwhile, our legislators can't even follow their own rules for making rules, while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past seventy years, the legal system has dangerously confused quantity with quality and might with legitimacy. As the law bloats into chaos, it staggers on only by excusing itself from the very commands it insists that we obey, leaving Americans at the mercy of arbitrary power. By examining the system as a whole, Gibney shows that the tragedies often portrayed as isolated mistakes or the work of bad actors -- police misconduct, prosecutorial overreach, and the outrages of imperial presidencies -- are really the inevitable consequences of law's descent into lawlessness. The first book to deliver a lucid, comprehensive overview of the entire legal system, from the grandeur of Constitutional theory to the squalid workings of Congress, The Nonsense Factory provides a deeply researched and witty examination of America's state of legal absurdity, concluding with sensible options for reform.