Advice And Dissent

Author by : Sarah A. Binder
Languange : un
Publisher by : Brookings Institution Press
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Description : For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy. Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system—a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent. Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek to harness the incentives of presidents and senators together. How well lawmakers confront the breakdown in advice and consent will have lasting consequences for the institutional capacity of the U.S. Senate and for the performance of the federal bench.


Cq Weekly

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Languange : en
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Total Read : 33
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Description : CQ Weekly provides resources on non-partisan information on Capitol Hill. The Web version includes access to the full text of all articles published since 1983. In addition, some articles are available prior to when they appear in print.


Justice Held Hostage

Author by : Citizens for Independent Courts. Task Force on Federal Judicial Selection
Languange : un
Publisher by :
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Total Read : 77
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Courts And Judicial Policymaking

Author by : Christopher P. Banks
Languange : en
Publisher by : Prentice Hall
Format Available : PDF, ePub, Mobi
Total Read : 35
Total Download : 310
File Size : 45,9 Mb
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Description : For courses in courts and the judicial process; and law and society. The scope of its coverage, and its high academic quality, makes it attractive for graduate courses as well. Christopher P. Banks and David M. O'Brien wrote Courts and Judicial Policymaking to fill a need for a comprehensive textbook on law and judicial policymaking. The text provides a fresh perspective on the contemporary politics of law, courts, the legal profession, and judicial policymaking, often with an underlying comparative judicial process perspective. It covers four distinct areas: 1) What is law?; 2) How are courts organized and how do they work procedurally?; 3) What influences court access and, ultimately, judicial decision-making?; and, 4) How do courts make policy, and how is judicial authority constrained? It has relevant and contemporary analyses of literature from the political science and legal fields; and analyses from scholars who argue from the quantitative (attitudinal and strategic models) and the qualitative (new institutionalism) perspectives. It contains up-to-date charts and graphs on the organization of courts and trends in litigation, caseloads, and opinion writing, and it is appropriate for undergraduate and graduate classes. Feedback includes: "The book is extremely well written and organized, one of the smoothest textbooks I have read in terms of readability. The tables provided are a major selling point for the book - nicely summarize complex and often confusing materials." - Roger Handberg, University of Central Florida "The best feature of this manuscript is its thorough coverage of the subject matter as well as the in-depth analysis of specific topics and questions addressed in the boxed material and sidebars. Adding a comparative dimension by looking at the judicial systems and procedures of other countries is also quite novel." - Susan Mezey, Loyola University, Chicago


Constitutional Theory

Author by : Michael J. Gerhardt
Languange : en
Publisher by : Lexis Nexis Matthew Bender
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Total Read : 43
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Judge Richard S Arnold

Author by : Polly J. Price
Languange : en
Publisher by :
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Total Read : 82
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Description : Looks at the life and career of Judge Richard S. Arnold, who was a champion of civil rights and served on the federal court of appeals for the Eighth Circuit from 1990 to 2004.


Congress Reconsidered

Author by : Lawrence C. Dodd
Languange : en
Publisher by : CQ Press
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Total Read : 26
Total Download : 159
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Description : Always a classic, Dodd and Oppenheimer’s Congress Reconsidered is the recognized source for in-depth, cutting-edge scholarship on Congress geared to undergraduates. Thoroughly updated—with ten brand new pieces and the others completely revised—this ninth edition includes cogent, timely analysis of the 2008 congressional elections, as well as coverage of: the 110th Democratic Congress,specifically its energy policy, its handling of the Iraq War, and its taxing and spending; the role of committees in Congress; leadership by women and minorities in Congress; the effects of campaign finance reform; differences in legislative activity between the Republican and Democratic Congresses; party coalition-building across the postwar era; and perspective on campaigns, elections,and political careers from member of Congress Daniel Lipinski.


Breaking The Cycle

Author by : Patrick Morrow Boland
Languange : un
Publisher by :
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Total Read : 95
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Description : This examination begins with a presentation of data collected concerning judicial nominations from 1988 through 2008 in an attempt to document the fact that the federal judicial appointments process has become increasingly contentious. The tables and figures provide information on measures of contentiousness such as length of time from nomination to confirmation and vote totals for nominees. After documenting the increasingly contentious nature of the process, I explore the qualities that make a "good" judge, and federal judicial selection prior to 1989 to determine whether partisan and ideological considerations have any relevance in selecting and appointing federal judges. With this information as a backdrop, I then sample existing selection models, including a recent reform proposal endorsed by the American Bar Association, to ascertain if they offer insights useful in reshaping the federal judicial selection process. Finally, I propose procedures on which President Obama and the Senate might agree to improve the overall climate and reduce the "confirmation wars."


The Web Of Democracy

Author by : Michael C. Gizzi
Languange : en
Publisher by : Wadsworth Publishing Company
Format Available : PDF, ePub, Mobi
Total Read : 80
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File Size : 44,7 Mb
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Description : Students will find many current faces and issues in the written and visual illustrations of this textbook, from the Bush vs. Gore ruling in Florida to Brittany Spears to Columbine. The text is meant to be up-to-date in its design, incorporating frequent signs in the margins of the text that direct t.


American Courts

Author by : Lawrence Baum
Languange : en
Publisher by : Houghton Mifflin Harcourt (HMH)
Format Available : PDF, ePub, Mobi
Total Read : 37
Total Download : 755
File Size : 46,8 Mb
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Supreme Court Appointment Process

Author by : Congressional Service
Languange : un
Publisher by : Createspace Independent Publishing Platform
Format Available : PDF, ePub, Mobi
Total Read : 63
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File Size : 53,6 Mb
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Description : The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. Appointments are usually infrequent, as a vacancy on the nine-member Court may occur only once or twice, or never at all, during a particular President's years in office. Under the Constitution, Justices on the Supreme Court receive what can amount to lifetime appointments which, by constitutional design, helps ensure the Court's independence from the President and Congress. The procedure for appointing a Justice is provided for by the Constitution in only a few words. The "Appointments Clause" (Article II, Section 2, clause 2) states that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court." The process of appointing Justices has undergone changes over two centuries, but its most basic feature-the sharing of power between the President and Senate-has remained unchanged: To receive appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Political considerations typically play an important role in Supreme Court appointments. It is often assumed, for example, that Presidents will be inclined to select a nominee whose political or ideological views appear compatible with their own. The political nature of the appointment process becomes especially apparent when a President submits a nominee with controversial views, there are sharp partisan or ideological differences between the President and the Senate, or the outcome of important constitutional issues before the Court is seen to be at stake. Additionally, over more than two centuries, a recurring theme in the Supreme Court appointment process has been the assumed need for professional excellence in a nominee. During recent presidencies, nominees have at the time of nomination, most often, served as U.S. appellate court judges. The integrity and impartiality of an individual have also been important criteria for a President when selecting a nominee for the Court. The speed by which a President selects a nominee for a vacancy has varied during recent presidencies. A President might announce his intention to nominate a particular individual within several days of when a vacancy becomes publicly known, or a President might take multiple weeks or months to announce a nominee. The factors affecting the speed by which a President selects a nominee include whether a President had advance notice of a Justice's plan to retire, as well as when during the calendar year a Justice announces his or her departure from the Court. On rare occasions, Presidents also have made Court appointments without the Senate's consent, when the Senate was in recess. Such "recess appointments," however, were temporary, with their terms expiring at the end of the Senate's next session. Recess appointments have, at times, been considered controversial because they bypassed the Senate and its "advice and consent" role. The last recess appointment to the Court was made in 1958 when President Eisenhower appointed Potter Stewart as an Associate Justice (Justice Stewart was confirmed by the Senate the following year).


Government By The People

Author by : James MacGregor Burns
Languange : en
Publisher by :
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Total Read : 31
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File Size : 50,6 Mb
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Description : For first year/sophomore-level courses in American Government. The brief version of the bestseller in the field for many years and the leader in creating the Politically Active Classroom (PAC), Government By the People brings students the keen insights of four prize-winning political scientists. Acclaimed for its superb writing style, pedagogical support, and comprehensive and balanced treatment of the American political system, the text has been thoroughly revised, redesigned, and updated to address the diverse and changing nature of American politics and to meet the needs of American Government classes today. A complete multimedia package: Companion Website, free CD-ROM, WebCT rounds out the learning package. Get into the PAC!


The Supreme Court In The Federal Judicial System

Author by : Stephen L. Wasby
Languange : en
Publisher by : Wadsworth Publishing Company
Format Available : PDF, ePub, Mobi
Total Read : 65
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Description : The fourth edition of this authoritative text has been completely updated through the 1991-1992 term. New material is presented on the Rehnquist Court, the Court's recourd on civil liberties, and the Clarence Thomas nomination. The text focuses on the Supreme Court, but also analyzes other federal courts and the entire court system. The Court's political roles are discussed first. The structure of the judicial system and the ways of selecting federal judges follows. A separate chapter is devoted to the role of lawyers and interest groups. The book concludes with an account of the impact of court rulings.


Politics In America

Author by : Thomas Dyer
Languange : en
Publisher by : Prentice Hall
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 791
File Size : 41,7 Mb
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The Promise And Performance Of American Democracy

Author by : Jon R. Bond
Languange : en
Publisher by : Wadsworth Publishing Company
Format Available : PDF, ePub, Mobi
Total Read : 74
Total Download : 644
File Size : 53,5 Mb
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Description : Grounded in basic political science research, yet readily accessible to undergraduates, PROMISE AND PERFORMANCE uses the title's theme as an organizing framework for studying American Politics. The promise of democracy is analyzed using four core values: Popular Sovereignty, Political Freedom, Political Equality and Majority Rule/Minority Rights and is further explored in several new features including "Living the Promise" and "Promise and Policy" boxes. The performance part of the theme is then integrated with an assessment at the end of every chapter along with a concluding policy chapter. Solid scholarship and writing makes this an ideal text not just for reading and learning, but also as an example of how political science is researched and written by the practitioners in academia.


Reform Of The Courts

Author by : Ralph C. Deans
Languange : en
Publisher by :
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Total Read : 58
Total Download : 688
File Size : 51,9 Mb
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Federal Supplement

Author by :
Languange : en
Publisher by :
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Total Read : 28
Total Download : 838
File Size : 49,7 Mb
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Michigan Law Review

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Languange : en
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Total Read : 36
Total Download : 801
File Size : 52,9 Mb
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State Government

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 35
Total Download : 285
File Size : 53,5 Mb
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The Hastings Law Journal

Author by :
Languange : en
Publisher by :
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Total Read : 30
Total Download : 160
File Size : 44,5 Mb
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Description :