Literature On Judicial Selection

Author by : Marla N. Greenstein
Languange : un
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Associations Publications In Print

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Languange : en
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Description : 1981- in 2 v.: v.1, Subject index; v.2, Title index, Publisher/title index, Association name index, Acronym index, Key to publishers' and distributors' abbreviations.


Symposium

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Languange : en
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Research Paper Series

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Languange : un
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Total Read : 17
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Electing Justice

Author by : Patrick M. McFadden
Languange : en
Publisher by : Amer Judicature Society
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Total Read : 97
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File Size : 43,5 Mb
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Judicial Independence At The Crossroads

Author by : Stephen B Burbank
Languange : en
Publisher by : SAGE
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 988
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Description : This book provides a path-breaking, interdisciplinary collection of essays by leading scholars on the contentious issues of judicial independence and federal judicial selection.


Book Publishers Directory

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Languange : en
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Total Read : 44
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Making Good Law Or Good Policy

Author by : Raymond V. Carman
Languange : un
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 27
Total Download : 914
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Description : This book uses role theory to analyze the judicial decisions made by state supreme court judges. Grounded in the fields of anthropology, business management, psychology, and sociology, role theory holds that, for each position an individual occupies in society, he or she creates a role orientation, or a belief about the limits of proper behavior. Judicial role orientation is conceptualized as the stimuli that a judge feels can legitimately be allowed to influence his or her decision-making and, in the case of conflict among influences, what priorities to assign to different decisional criteria. This role orientation is generally seen as existing on a spectrum ranging from activist to restraintist. Using multi-faceted data collection and empirical testing, this book discusses the variation in judges’ role orientations, the role that personal institutional structure and judges' backgrounds play in determining judicial orientations, and the degree to which judges’ orientations affect their decision-making. The first study to provide cross-institutional research on state supreme court judges, this book expands and advances the literature on judicial role orientation. As such, this book will be of interest to graduate students and researchers studying political science, public policy, law, and the courts.


Courts And Justice

Author by : G. Larry Mays
Languange : en
Publisher by : Waveland PressInc
Format Available : PDF, ePub, Mobi
Total Read : 79
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Description : Enhances student knowledge about how the U.S. court system works, the role it plays in society, the restrictions placed on it, & the avenues that can be explored to solidify & enhance its contributions.


Judicial Independence At The Crossroads

Author by : Stephen B Burbank
Languange : un
Publisher by : SAGE
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 632
File Size : 53,7 Mb
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Description : This book provides a path-breaking, interdisciplinary collection of essays by leading scholars on the contentious issues of judicial independence and federal judicial selection.


Political Justice

Author by : Matthew Ingram
Languange : en
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Total Read : 49
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Personnel Literature

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Languange : en
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Total Read : 74
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The Analysis Of Judicial Reform

Author by : Philip L. Dubois
Languange : en
Publisher by : Free Press
Format Available : PDF, ePub, Mobi
Total Read : 52
Total Download : 160
File Size : 52,6 Mb
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Literature On Judicial Conduct

Author by : Kevin R. Corr
Languange : un
Publisher by :
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Total Read : 85
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Essays On The Economics Of Judicial Independence And The Effectiveness Of Criminal Defense

Author by : Hossein Alikamar Abbasi
Languange : un
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Description : In this study I provide an empirical analysis of the judicial system. The main emphasis of this study is on the causes and consequences of judicial independence. In the first chapter, I analyze the determinants of judicial independence in a cross-country setting. I investigate the empirical evidence for two hypotheses about the conditions for judicial independence: institutional protection and political competition. Using a new set of indicators from constitutions of countries, I show that there is no evidence for a significant effect of institutional rules on judicial independence. A panel data analysis shows a significant effect of political competition on judicial independence. This effect holds after including country-specific fixed effects, using instrumental variables to address the issue of reverse causality, and controlling for persistence in judicial independence and mean-reverting dynamics. The second chapter examines the relative merits of judicial selection methods in the American states. The conventional wisdom holds that appointive judges act differently from elected judges, because they are more independent and are less vulnerable to public pressure. Existing theories suggest that appointive systems create more uncertainty; therefore, one should expect higher litigation rates in these systems. Those theories also suggest that public pressure forces elected judges to be more productive. Using time-series data on litigation rates and opinions, I investigate the impact of switching in selection methods on judicial behavior. I use tests of structural break, with both known and unknown dates, to examine whether a switch from elective and appointive systems to a merit selection causes a structural regime change. I evaluate the results using asymptotic results in the literature as well as with Monte Carlo analysis. My results contradict the existing theories. A change in selection method causes a regime change, but the direction of the change is not consistent with the predictions of the theory. For example, the litigation rates in Connecticut increased after switching to merit plan, whereas the litigation rates in New Mexico dropped. Moreover, I find that adopting a merit plan significantly reduces the number of opinions written by the Supreme Court justices, though some exceptions exist. All together, I conclude that the switch in the selection method affects the behavior of both judges and litigants. The effects on the behavior of the judges are stronger than the impact on the behavior of potential litigants. The third chapter studies the behavior of publicly financed defenders in federal criminal cases. Public defender organizations represent the majority of state and federal criminal defendants. The empirical literature on the relative virtues of publicly financed lawyers and private lawyers is inconclusive. In this paper, I use data on federal criminal cases to examine the performance of publicly financed defenders. I find that publicly financed defenders, on average, spend less time on their cases and achieve worse outcomes for their clients, relative to private lawyers. But these results vanish when I examine each group of frequent offenses separately. Public defenders achieve better outcomes in terms of time and sentence length in simple cases. In complicated cases, public defenders lose their advantages, and their clients receive higher sentence time. Unlike the existing literature, I find that neither the public defender, nor the private lawyer has an absolute advantage. Several factors, including complication of cases, type of defendants, and workload of defenders, determine the results. These factors affect the results via their effect on the extent of asymmetric information between defenders, defenders, and prosecutors. (p. II-III).


Alberta Law Review

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Languange : en
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Total Read : 77
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The Impact Of Judicial Selection Method On State Supreme Court Policy

Author by : Daniel R. Pinello
Languange : en
Publisher by : Praeger
Format Available : PDF, ePub, Mobi
Total Read : 34
Total Download : 528
File Size : 44,9 Mb
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Description : Empirical study challenging current assumptions by showing that the method of judicial selection significantly affects state supreme court policies in several important areas of law.


Judgment Calls

Author by : Daniel A. Farber
Languange : un
Publisher by : Oxford University Press
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Total Read : 19
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Description : Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty allows judges too much discretion. They suggest that constitutional adjudication is just politics in disguise, and that judges are legislators in robes who read the Constitution in accordance with their own political views. Some think that political decision making by judges is inevitable, and others think it can be restrained by "strict constructionist" theories like textualism or originalism. But at bottom, both sorts of thinkers believe that judging has to be either tightly constrained and inflexible or purely political and unfettered: There is, they argue, no middle ground. Farber and Sherry disagree, and in this book they describe and defend that middle ground. They show how judging can be--and often is--both principled and flexible. In other words, they attempt to reconcile the democratic rule of law with the recognition that judges have discretion. They explain how judicial discretion can be exercised responsibly, describe the existing constraints that guide and cabin such discretion, and suggest improvements. In exploring how constitutional adjudication works in practice (and how it can be made better), Farber and Sherry cover a wide range of topics that are relevant to their thesis and also independently important, including judicial opinion-writing, the use of precedent, the judicial selection process, the structure of the American judiciary, and the nature of legal education. They conclude with a careful look at how the Supreme Court has treated three of the most significant and sensitive constitutional issues: terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics.