divergent paths the academy and the judiciary

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Divergent Paths

Author : Richard A. Posner
ISBN : 9780674915619
Genre : Law
File Size : 43. 7 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 : 9780674286030
Genre : Law
File Size : 86. 88 MB
Format : PDF, ePub
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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.

Building The Judiciary

Author : Justin Crowe
ISBN : 9781400842575
Genre : Political Science
File Size : 40. 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.

Reflections On Judging

Author : Richard A. Posner
ISBN : 9780674184657
Genre : Law
File Size : 25. 56 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 : 9780674974272
Genre : Law
File Size : 67. 29 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 Little Book Of Plagiarism

Author : Richard A. Posner
ISBN : 9780375424755
Genre : Law
File Size : 48. 5 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.

The Behavior Of Federal Judges

Author : Lee Epstein
ISBN : 9780674067325
Genre : Law
File Size : 35. 11 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.

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