Making Decisions Judicially: A Guide for Decision-Makers, Christopher Lethem, Godfrey Cole, Mark Ockelton, Mary Kane, Meleri Tudur, Nicholas Wikeley, Yvette Genn
Автор: Bowie Jennifer Barnes, Songer Donald R., Szmer Joh Название: The View from the Bench and Chambers: Examining Judicial Process and Decision Making on the U.S. Courts of Appeals ISBN: 0813935997 ISBN-13(EAN): 9780813935997 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 49890.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system.At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.
Название: The Constitutional Foundations of Judicial Review ISBN: 1841131806 ISBN-13(EAN): 9781841131801 Издательство: Hart Publishing Рейтинг: Цена: 105600.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book comprehensively analyses the foundations of judicial review.
Автор: Alexander Nikolaevich Shytov Название: Conscience and Love in Making Judicial Decisions ISBN: 9048158893 ISBN-13(EAN): 9789048158898 Издательство: Springer Рейтинг: Цена: 139750.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law.
Автор: Morgan L. W. Hazelton, Rachael K. Hinkle Название: Persuading the Supreme Court: The Significance of Briefs in Judicial Decision-Making ISBN: 0700633634 ISBN-13(EAN): 9780700633630 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 25070.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Each year the public, media, and government wait in anticipation for the Supreme Court to announce major decisions. These opinions have shaped legal policy in areas as important as healthcare, marriage, abortion, and immigration. It is not surprising that parties and outside individuals and interest groups invest an estimated $25 million to $50 million a year to produce roughly one thousand amicus briefs to communicate information to the justices, seeking to impact these rulings. Despite the importance of the Court and the information it receives, many questions remain unanswered regarding the production of such information and its relationship to the Court’s decisions. Persuading the Supreme Court leverages the very written arguments submitted to the Court to shed light on both their construction and impact.Drawing on more than 25,000 party and amicus briefs led between 1984 and 2015 and the text of the related court opinions, as well as interviews with former Supreme Court clerks and attorneys who have prepared and led briefs before the Supreme Court, Morgan Hazelton and Rachael Hinkle have shed light on one of the more mysterious and consequential features of Supreme Court decision-making. Persuading the Supreme Court offers new evidence that the resource advantage enjoyed by some parties likely stems from both the ability of their experienced attorneys to craft excellent briefs and their reputations with the justices. The analyses also reveal that information operates differently in terms of influencing who wins and what policy is announced.Using those original interviews and quantitative analyses of a rich original dataset of tens of thousands of briefs, with measures built using sophisticated natural language processing tools, Hazelton and Hinkle investigate the factors that influence what information litigants and their attorneys provide to the Supreme Court and what the justices and their clerks do with that information in deciding cases that set legal policy for the entire country.
Автор: Letizia Lo Giacco Название: Judicial Decisions in International Law Argumentation: Between Entrapment and Creativity ISBN: 1509948945 ISBN-13(EAN): 9781509948949 Издательство: Bloomsbury Academic Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion.
Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts’ resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the ‘judicialisation turn’ on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.
Автор: Breda, Vito Название: Objectivity of judicial decisions ISBN: 3631675909 ISBN-13(EAN): 9783631675908 Издательство: Peter Lang Рейтинг: Цена: 39330.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
This book discusses how judges qualify their activities as objective. The data for this project was retrieved from a large sample of cases using Langacker’s methodology. The sample included over a thousand decisions from Brazil, Hungary, Italy, Lithuania, Slovakia, Slovenia, Spain, Romania and the UK. The decisions considered allegations of judicial bias, unfairness, and injustice. Pre-judices are shared cognitive methods that legal practitioners perceive as necessary. The results of the study directly confirm Pierre Legrand’s claims of pre-judices in legal discourse, and as corollary, Jules L. Coleman and Brian Leiter’s idea of modest objectivity in law.
Автор: Belov Martin Название: Courts and Judicial Activism Under Crisis Conditions: Policy Making in a Time of Illiberalism and Emergency Constitutionalism ISBN: 1032060824 ISBN-13(EAN): 9781032060828 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This collection explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Автор: Joshua Rozenberg Название: Enemies of the People?: How Judges Shape Society ISBN: 152920450X ISBN-13(EAN): 9781529204506 Издательство: Marston Book Services Рейтинг: Цена: 19790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: When newspapers reported a court ruling on Brexit, senior judges were condemned as `enemies of the people`. But they still ruled that an order by the Queen on the advice of her prime minister was just `a blank piece of paper`. Joshua Rozenberg asks how the judges can maintain public confidence while making hard choices.
Автор: Bowen Rachel E Название: Achilles Heel of Democracy ISBN: 1316630900 ISBN-13(EAN): 9781316630907 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Comparing five Central American countries, this book explores the influences of criminals, activists, and other societal actors on the justice system. The role of the judiciary in promoting the rule of law is of interest to political science and legal scholars. This work with its focus on Central America will be of particular interest.
Автор: Kastenberg Joshua E. Название: The Campaign to Impeach Justice William O. Douglas: Nixon, Vietnam, and the Conservative Attack on Judicial Independence ISBN: 0700628487 ISBN-13(EAN): 9780700628483 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 50150.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The politics of division and distraction, conservatives’ claims of liberalism’s dangers, the wisdom of amoral foreign policy, a partisan challenge to a Supreme Court justice, and threats to the constitutionally mandated balance between the three branches of government: however of the moment these matters might seem, they are clearly presaged in events chronicled by Joshua E. Kastenberg in this book, the first in-depth account of a campaign to impeach Supreme Court justice William O. Douglas nearly fifty years ago.On April 15, 1970, at President Richard Nixon’s behest, Republican House Minority Leader Gerald Ford brazenly called for the impeachment of Douglas, the nation’s leading liberal judge—and the House Judiciary Committee responded with a six-month investigation, while the Senate awaited a potential trial that never occurred. Ford’s actions against Douglas mirrored the anger that millions of Americans, then as now, harbored toward changing social, economic, and moral norms, and a federal government seemingly unconcerned with the lives of everyday working white Americans. Those actions also reflected, as this book reveals, what came to be known as the Republicans’ “southern strategy,” a cynical attempt to exploit the hostility of white southern voters toward the civil rights movement. Kastenberg describes the political actors, ambitions, alliances, and maneuvers behind the move to impeach Douglas—including the Nixon administration’s vain hope of deflecting attention from a surprisingly unpopular invasion of Cambodia—and follows the ill-advised effort to its ignominious conclusion, with consequences that resonate to this day.Marking a turning point in American politics, The Campaign to Impeach Justice William O. Douglas is a sobering, cautionary tale, a critical chapter in the history of constitutional malfeasance, and a reminder of the importance of judicial independence in a politically polarized age.
Автор: Bartels Brandon L., Johnston Christopher D. Название: Curbing the Court: Why the Public Constrains Judicial Independence ISBN: 1316638502 ISBN-13(EAN): 9781316638507 Издательство: Cambridge University Press Рейтинг: Цена: 53410.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explains why citizens often support curbing attacks on the Supreme Court, and how this subsequently constrains the Court`s political independence and power. The authors shed light on why contemporary debates over the Supreme Court are so contentious, particularly during times of increased partisan polarization.
The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history.
Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6.
With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.
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