divergent paths the academy and the judiciary

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Divergent Paths

Author : Richard A. Posner
ISBN : 9780674286030
Genre : Law
File Size : 37. 94 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 : 39. 47 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.

Building The Judiciary

Author : Justin Crowe
ISBN : 9781400842575
Genre : Political Science
File Size : 21. 77 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.

A Treatise On Judicial Evidence

Author :
ISBN : OXFORD:N11054133
Genre : Evidence (Law)
File Size : 76. 17 MB
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In Spite Of Innocence

Author : Michael L. Radelet
ISBN : 1555531970
Genre : Social Science
File Size : 49. 84 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.

Out Of Order

Author : Max Boot
ISBN : STANFORD:36105020178989
Genre : Law
File Size : 62. 68 MB
Format : PDF
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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

Judicial Reputation

Author : Nuno Garoupa
ISBN : 9780226290591
Genre : Law
File Size : 45. 23 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 Federal Judiciary

Author : Richard A. Posner
ISBN : 0674975774
Genre : Law
File Size : 90. 53 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.

Administrative Law And Judicial Deference

Author : Matthew Lewans
ISBN : 9781782253365
Genre : Law
File Size : 51. 97 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.

Doing Justice

Author : Robert Satter
ISBN : 9781587982453
Genre : Law
File Size : 33. 61 MB
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This book sits the reader on the bench besdies a trial judge to observe the human dramas as they unfold. This is a reprint title.

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