The Independence Of Federal Judges

Author by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
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The Politics Of Judicial Independence

Author by : Bruce Peabody
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Publisher by : JHU Press
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Description : The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.


The Independence Of Federal Judges

Author by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
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Judicial Independence And The Federal Courts

Author by : Federal Judicial Federal Judicial Center
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Publisher by : Createspace Independent Publishing Platform
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Description : This teaching module was developed by the Federal Judicial Center to support judges and court staff who want to speak to various groups about the history of an independent federal judiciary. It focuses on historical debates about judicial independence. Other modules in this series examine the constitutional origins of the judiciary and the development of the federal court system. Each module includes four components: background discussion to serve as talking points; a PowerPoint presentation that can be downloaded to provide a visual guide to the speaker's remarks; a list of suggested discussion topics; and selections from historical documents that can be used in discussion with the audience or incorporated in the speaker's remarks.


Independence Of The Judiciary

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Publisher by : DIANE Publishing
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The Independence Of Federal Judges

Author by : états-Unis. Senate. Committee on the judiciary. Subcommittee on separation of powers
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Judicial Independence

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Chilling Judicial Independence

Author by : Irving R. Kaufman
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Judicial Independence In Transition

Author by : Anja Seibert-Fohr
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Publisher by : Springer Science & Business Media
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Description : Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.


Constitutional Origins Of The Federal Judiciary

Author by : Federal Judicial Federal Judicial Center
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Publisher by : Createspace Independent Publishing Platform
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Description : This teaching module was developed by the Federal Judicial Center to support judges and court staff who want to speak to various groups about the history of an independent federal judiciary. It focuses on the Constitutional Convention of 1787 and the establishment of the judicial branch of government. Other modules in this series examine the creation of the federal judicial system and debates on judicial independence. Each module includes four components: background discussion to serve as talking points; a Powerpoint presentation that can be downloaded to provide a visual guide to the speakers' remarks; a list of suggested discussion questions; and selections from historical documents that can be used in discussion with the audience or incorporated in the speakers' remarks.


Judicial Ethics

Author by : Jeffrey M. Sharman
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Publisher by : Inter-American Development Bank
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Description : This monograph was written for the Judicial Reform Roundtable II held May 19-22, 1996 in Williamsburg, Virginia. It discusses the need for the rule of law and separation of powers; the need for judicial independence; and judicial responsibility, integrity, and discipline in the United States.


Judicial Independence

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When Courts And Congress Collide

Author by : Charles Gardner Geyh
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Publisher by : University of Michigan Press
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Description : "This is quite simply the best study of judicial independence that I have ever read; it is erudite, historically aware, and politically astute." ---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley "Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense." ---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts. Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence. It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance. Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.


Judicial Independence

Author by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
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Establishing A Federal Judiciary

Author by : Federal Judicial Federal Judicial Center
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Publisher by : Createspace Independent Publishing Platform
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Description : This module was developed by the Federal Judicial Center to support judges and court staff who want to speak to various groups about the history of an independent federal judiciary in the United States. This module focuses on the establishment of the federal judiciary and the history of the federal court system. Other modules in this series examine the constitutional origins of the judicial branch of government and historical debates on judicial independence. Each module includes four components: an historical overview to serve as talking points; a PowerPoint presentation that can be downloaded to provide a visual guide to the speaker's remarks; a list of suggested discussion questions; and selections from historical documents that can be used in discussion with the audience or incorporated in the speaker's remarks.


A Distinct Judicial Power

Author by : Scott Douglas Gerber
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Publisher by : Oxford University Press
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Description : A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.


The Culture Of Judicial Independence

Author by : Shimon Shetreet
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Publisher by : Martinus Nijhoff Publishers
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Description : This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.


Judicial Independence At The Crossroads

Author by : Stephen B Burbank
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Publisher by : SAGE
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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.


An Independent Judiciary

Author by : American Bar Association. Commission on Separation of Powers and Judicial Independence
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Judicial Security And Independence

Author by : United States. Congress. Senate. Committee on the Judiciary
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Contests

Author by : Walter Evans
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The Culture Of Judicial Independence In A Globalised World

Author by : Shimon Shetreet
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Publisher by : BRILL
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Description : This volume The Culture of Judicial Independence in a Globalised World, is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Martinus Nijhoff Publishers 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Martinus Nijhoff Publishers 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Martinus Nijhoff Publishers 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.


Contests

Author by : Walter Evans
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Publisher by : Palala Press
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Description : This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


The View Of The Courts From The Hill

Author by : Mark C. Miller
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Publisher by : University of Virginia Press
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Description : The View of the Courts from the Hill explores the current interactions and relationship between the U.S. Congress and federal courts using a "governance as dialogue" approach, which argues that constitutional interpretation in the United States is a continuous and complex conversation among all the institutions of government. Expanding on his previous work on this important theme, Mark C. Miller has interviewed numerous key players specifically for this book. His subjects include members of Congress, federal judges, congressional staff, employees of the judicial branch, lobbyists, and others with an interest in the courts. Their candid and thorough comments provide an invaluable resource for students and scholars eager to explore the dynamics between congressional and judicial forces as they have evolved over the past two decades. The book examines customary interactions between Congress and the federal courts—especially the U.S. Supreme Court—as well as extraordinary conflicts between the two branches of government both today and throughout American history. Miller gives special attention to recent attempts by social conservatives in Congress to silence the voice of the courts in the inter-institutional dialogue through the use of court-stripping measures, threats of impeachment of federal judges, and a proposal for an inspector general for the courts. Particular focus is placed on the interactions between the courts and the House Judiciary Committee under Republican control, as well as the approach taken by the Religious Right toward federal judges and the federal courts in general. The book concludes with a call for the protection of judicial independence in order to preserve the voice of the federal courts in the constitutional interpretation dialogue.