divergent paths the academy and the judiciary

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Divergent Paths

Author : Richard A. Posner
ISBN : 9780674286030
Genre : Law
File Size : 74. 84 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 : 90. 53 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.

Reflections On Judging

Author : Richard A. Posner
ISBN : 9780674184640
Genre : Law
File Size : 85. 15 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.

Misreading Law Misreading Democracy

Author : Victoria Nourse
ISBN : 9780674971417
Genre : Law
File Size : 69. 61 MB
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Victoria Nourse argues that lawyers must be educated on the basic procedures that define how Congress operates today. Lawmaking creates winners and losers. If lawyers and judges do not understand this, they may embrace the meanings of those who opposed legislation, turning legislative losers into judicial winners and standing democracy on its head.

The Force Of Law

Author : Frederick Schauer
ISBN : 9780674967144
Genre : Law
File Size : 68. 63 MB
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Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules.

The Behavior Of Federal Judges

Author : Lee Epstein
ISBN : 9780674067325
Genre : Law
File Size : 30. 30 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.

Judicial Reputation

Author : Nuno Garoupa
ISBN : 9780226290591
Genre : Law
File Size : 21. 73 MB
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In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.

The Little Book Of Plagiarism

Author : Richard A. Posner
ISBN : 9780375424755
Genre : Law
File Size : 64. 35 MB
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Examines plagiarism and the theft of intellectual property in the fields of literature, music, film, art, and academia, and discusses its implications for the victim, the plagiarist, and society as a whole.

Administrative Law And Judicial Deference

Author : Matthew Lewans
ISBN : 9781782253365
Genre : Law
File Size : 88. 86 MB
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In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions ? the United Kingdom, the United States of America and Canada ? over the past 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.

The Federal Judiciary

Author : Richard A. Posner
ISBN : 0674975774
Genre : Law
File Size : 60. 39 MB
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No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. He exposes the failures of the institution designed by the founders to check congressional and presidential power and resist its abuse, and offers practical prescriptions for reform.

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