The Behavior of Federal Judges

The Behavior of Federal Judges PDF

Author: Lee Epstein

Publisher: Harvard University Press

Published: 2013-01-07

Total Pages: 491

ISBN-13: 0674070682

DOWNLOAD EBOOK →

Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.

The Federal Courts

The Federal Courts PDF

Author: Richard A. Posner

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 430

ISBN-13: 0674042247

DOWNLOAD EBOOK →

The federal courts are the world’s most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a “crisis in quantity” is imperiling the ability of the federal judiciary to perform its historic function of administering justice fairly and expeditiously. In a substantially revised edition of his widely acclaimed 1985 book The Federal Courts: Crisis and Reform, Chief Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit provides a comprehensive evaluation of the federal judiciary and a detailed program of judicial reform. Drawing on economic and political theory as well as on legal analysis and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises the concerns that have been expressed with the courts’ performance, and presents a variety of proposals for both short-term and fundamental reform. In contrast to some of the direr prophecies of observers of the federal courts, Posner emphasizes the success of these courts in adapting to steep caseload growth with minimum sacrifice in quality. Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.

51 Imperfect Solutions

51 Imperfect Solutions PDF

Author: Judge Jeffrey S. Sutton

Publisher: Oxford University Press

Published: 2018-05-07

Total Pages: 288

ISBN-13: 0190866063

DOWNLOAD EBOOK →

When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

The Politics of Federal Judicial Administration

The Politics of Federal Judicial Administration PDF

Author: Peter Graham Fish

Publisher: Princeton University Press

Published: 2015-03-08

Total Pages: 551

ISBN-13: 1400868327

DOWNLOAD EBOOK →

Although administrative policy-making is overshadowed by the drama of judicial decision-making, it is a vital part of the judicial process. Peter Graham Fish examines the structure and legislative history of the various institutions of the federal judicial administration, their development, and their operation. He focuses on the lower courts to show that, although it is delimited by a network of formal institutions, the federal judicial administration is characterized by informality and voluntarism and depends, as he emphasizes, on the roles played by individual judges. As administrators, judges become deeply involved in politics, and Peter Graham Fish concentrates on the politics of the national judicial administration. Within this framework he raises enduring issues: Shall local federal judges be wholly independent or must they conform to uniform standards of law and administration? Shall administration be separate and diffused or united and centralized? Shall politics be superior or subordinate to so-called standards of "'efficiency"? Shall the interests of trial judges prevail over or be subordinate to the regional and national interests of appellate judges? How shall money, manpower, jurisdictional, and structural changes be distributed among the courts? To what extent, if any, should judges modify their behavior or institutions to meet external criticism? Originally published in 1973. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Almanac of the Federal Judiciary

Almanac of the Federal Judiciary PDF

Author: Aspen Publishers Editorial Staff

Publisher: Wolters Kluwer

Published: 1995-12-31

Total Pages: 1836

ISBN-13: 0735568898

DOWNLOAD EBOOK →

The Almanac of the Federal Judiciary has built its considerable reputation by providing balanced, responsible judicial profiles of every federal judge and all the key bankruptcy judges and magistrate judges -- profiles that include reliable inside information based on interviews with lawyers who have argued cases before the federal judiciary. Containing valuable, hard-to-find material on every federal trial judge and appellate judge in the nation, this unique resource includes: Each judge's academic and professional background, experience on the bench, noteworthy rulings, and media coverage Candid, revealing commentary by lawyers, based on first-hand experiences before their local federal judges Helpful tips for your litigating team in shaping case strategy Important insights into each judge's style, demeanor, knowledge, and management of courtroom proceedings And continuing in-depth research, with semiannual updates. The Almanac of the Federal Judiciary is divided into two volumes: Volume 1: District Magistrates and Bankruptcy Judges Volume 2: Circuit Judges

Lanterna Rally - Theme by Grace Themes