divergent paths the academy and the judiciary

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Divergent Paths

Author : Richard A. Posner
ISBN : 9780674286030
Genre : Law
File Size : 40. 3 MB
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Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

Divergent Paths

Author : Richard A. Posner
ISBN : 9780674915619
Genre : Law
File Size : 43. 13 MB
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Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

A Treatise On Judicial Evidence

Author : Jeremy Bentham
ISBN : OSU:32437121830802
Genre : Evidence (Law).
File Size : 58. 55 MB
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Building The Judiciary

Author : Justin Crowe
ISBN : 9781400842575
Genre : Political Science
File Size : 90. 70 MB
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How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.

The Behavior Of Federal Judges

Author : Lee Epstein
ISBN : 9780674070684
Genre : Law
File Size : 39. 16 MB
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Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.

Statutes In Court

Author : William D. Popkin
ISBN : 0822323281
Genre : Law
File Size : 56. 81 MB
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A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author’s own theory of the proper scope of judicial discretion.

Reflections On Judging

Author : Richard A. Posner
ISBN : 9780674184657
Genre : Law
File Size : 83. 54 MB
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For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

Out Of Order

Author : Max Boot
ISBN : STANFORD:36105020178989
Genre : Law
File Size : 63. 35 MB
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Citing real cases, the author explores how leniency has led the justice system to its current state where abuses of the legal process result in less protection for victims and more rights for the accused

Judging Under Uncertainty

Author : Adrian Vermeule
ISBN : 0674022106
Genre : Law
File Size : 90. 70 MB
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In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty. In view of their limited information and competence, judges should adopt a restrictive, unambitious set of tools for interpreting statutory and constitutional provisions.

In Spite Of Innocence

Author : Michael L. Radelet
ISBN : 1555531970
Genre : Social Science
File Size : 22. 24 MB
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Few errors made by society can compare with the horror of executing a person wrongly convicted of a crime. This sobering book, which includes an expanded preface, tells the personal stories of over 400 innocent Americans convicted of capital crimes. Some were actually executed; most suffered years of incarceration, many on death row.

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