Attacking Judges

Attacking Judges PDF

Author: Melinda Gann Hall

Publisher: Stanford University Press

Published: 2014-10-29

Total Pages: 264

ISBN-13: 0804793093

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Nasty, below-the-belt campaigns, mudslinging, and character attacks. These tactics have become part and parcel of today's election politics in America, and judicial elections are no exception. Attacking Judges takes a close look at the effects of televised advertising, including harsh attacks, on state supreme court elections. Author Melinda Gann Hall investigates whether these divisive elections have damaging consequences for representative democracy. To do this, Hall focuses on two key aspects of those elections: the vote shares of justices seeking reelection and the propensity of state electorates to vote. In doing so, Attacking Judges explores vital dimensions of the conventional wisdom that campaign politics has deleterious consequences for judges, voters, and state judiciaries. Countering the prevailing wisdom with empirically based conclusions, Hall uncovers surprising and important insights, including new revelations on how attack ads influence public engagement with judicial elections and their relative effectiveness in various types of state elections. Attacking Judges is a testament to the power of institutions in American politics and the value of empirical political science research in helping to inform some of the most significant debates on the public agenda. This book's results smartly contest and eradicate many of the fears judicial reformers have about the damaging effects of campaign negativity in modern state supreme court elections.

Fake Law

Fake Law PDF

Author: The Secret Barrister

Publisher: Pan Macmillan

Published: 2020-09-03

Total Pages: 349

ISBN-13: 1529009960

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THE TOP TEN SUNDAY TIMES BESTSELLER 'A powerful polemic' Sunday Times 'A compelling, eye-opening read' Daily Express – Did an illegal immigrant avoid deportation because he had a cat? – Is the law on the side of the burglar who enters your home? – Are unelected judges ‘enemies of the people’? Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society. Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit. Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.

Independence Corrupted

Independence Corrupted PDF

Author: Charles Benjamin Schudson

Publisher: University of Wisconsin Press

Published: 2018-10-09

Total Pages: 285

ISBN-13: 0299320308

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With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings—of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence. As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Judges Against Justice

Judges Against Justice PDF

Author: Hans Petter Graver

Publisher: Springer

Published: 2014-09-11

Total Pages: 297

ISBN-13: 3662442930

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This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?

Disciplining Judges

Disciplining Judges PDF

Author: Richard Devlin

Publisher: Edward Elgar Publishing

Published: 2021-01-29

Total Pages: 384

ISBN-13: 1789902371

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Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.

Judges and Political Reform in Egypt

Judges and Political Reform in Egypt PDF

Author: Nathalie Bernard-Maugiron

Publisher: American Univ in Cairo Press

Published: 2008

Total Pages: 334

ISBN-13: 9789774162015

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If justice in the Arab world is often marked by a lack of autonomy of the judiciary toward the executive power, one of the characteristic features of the Egyptian judiciary lies in its strength and activism in the defense of democratic values. Judges have been struggling for years to enhance their independence from the executive power and exercise full supervision of the electoral process to achieve transparent elections. Recent years have seen growing tensions in Egypt between the judiciary and the executive authority. In order to gain concessions, judges went as far as to threaten to boycott the supervision of the presidential and legislative elections in the fall of 2005 and to organize sit-ins in the streets. The struggle between the two powers was in full swing in the spring of 2006, when a conference convened in Cairo in early April on the theme of the role of judges in the process of political reform in Egypt and the Arab world. The conference was organized by the Cairo Institute for Human Rights Studies (CIHRS) in cooperation with the Institut de Recherche pour le Développement (IRD). This book is a collection of papers from the conference dealing with Egypt. They allow a better understanding of the role judges are playing in the process of democratic reform in Egypt as well as the limits of their struggle. Contributors: Nabil Abd al-Fattah, Ahmad Abd al-Hafiz, Maher Abu al-Einein, Hafez Abu Saada, Hisham Al-Bastawisi, Nathalie Bernard-Maugiron, Negad Al-Bora'i, Nathan Brown, Nathan, Mustapha Kamel al-Sayyed, Abdallah Khalil, Mahmud Al-Khudayri, Mahmud, Isabelle Lendrevie, Tamir Moustafa, Mohamed Al-Sayed Said, Atef Shahat Said, Younis Sherif

How Judges Think

How Judges Think PDF

Author: Richard A. Posner

Publisher: Harvard University Press

Published: 2010-05-01

Total Pages: 399

ISBN-13: 0674033833

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A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.