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Author: Kermit Roosevelt
Publisher: Yale University Press
Published: 2008-01-01
Total Pages: 272
ISBN-13: 0300129564
DOWNLOAD EBOOK →Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Author: Patricia Popelier
Publisher:
Published: 2014
Total Pages: 0
ISBN-13: 9781780681887
DOWNLOAD EBOOK →Constitutional review is a hot topic in contemporary constitutional debate and design. However, the legal force of judicial decisions, and in particular their effect over time, is an under-studied issue in legal literature. This is remarkable, considering the substantial impact of these decisions on the parties or the wider society (in particular, in the case of abstract review), and considering that the choice of retroactive, immediate, or future effects may have at stake legal certainty, the right to effective judicial protection, or the rule of law. This edited volume fills the gap by offering a comparative analysis of legislative choices and jurisprudential developments regarding the effect over time of legal decisions and its implications in both civil law and common law systems, in abstract and concrete review. Both national and European courts are discussed. Country reports are preceded by milestone judgments so as to give insight into what, concretely, is at stake, thereby addressing both scholars and practitioners. (Series: Ius Commune Europaeum - Vol. 120)
Author: Yun-chien Chang
Publisher: Cambridge University Press
Published: 2019-12-19
Total Pages: 313
ISBN-13: 110847487X
DOWNLOAD EBOOK →Leading empirical legal scholars from around the world explore whether and under what conditions the judicial process is efficient.
Author: Richard Beeman
Publisher: Penguin
Published: 2012-08-28
Total Pages: 178
ISBN-13: 1101603712
DOWNLOAD EBOOK →A selection of the landmark Supreme Court decisions that have shaped American society Penguin presents a series of six portable, accessible, and—above all—essential reads from American political history, selected by leading scholars. Series editor Richard Beeman, author of The Penguin Guide to the U.S. Constitution, draws together the great texts of American civic life, including the founding documents, pivotal historical speeches, and important Supreme Court decisions, to create a timely and informative mini-library of perennially vital issues. The Supreme Court is one of America's leading expositors of and participants in debates about American values. Legal expert Jay M. Feinman introduces and selects some of the most important Supreme Court Decisions of all time, which touch on the very foundations of American society. These cases cover a vast array of issues, from the powers of government and freedom of speech to freedom of religion and civil liberties. Feinman offers commentary on each case and excerpts from the opinions of the Justices that show the range of debate in the Supreme Court and its importance to civil society. Among the cases included will be Marbury v. Madison, on the supremacy of the Constitution and the power of judicial review; U.S. v. Nixon, on separation of powers; and Hamdi v. Rumsfeld, a post-9/11 case on presidential power and due process.
Author: Robert J. Sharpe
Publisher: University of Toronto Press
Published: 2018-10-11
Total Pages: 351
ISBN-13: 1487517009
DOWNLOAD EBOOK →Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Author: David E. Klein
Publisher: Oxford University Press
Published: 2010-02-08
Total Pages: 355
ISBN-13: 0199710139
DOWNLOAD EBOOK →Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result. This volume of essays examines the psychological processes that underlie judicial decision making.
Author: Rachel Cahill-O'Callaghan
Publisher: Bloomsbury Publishing
Published: 2020-02-20
Total Pages: 337
ISBN-13: 1509921869
DOWNLOAD EBOOK →This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.
Author: Giovanni Sartor
Publisher: Springer Science & Business Media
Published: 2013-04-17
Total Pages: 230
ISBN-13: 9401590109
DOWNLOAD EBOOK →The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. Judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. How can AI contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? Rather than aiming at the impossible dream (or nightmare) of building an automatic judge, AI research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation. Judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. Flexible AI tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. Similarly, AI may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. The contributions in this volume exemplify some of the directions that the AI transformation of the judiciary will take.
Author: Libor Klimek
Publisher: Springer
Published: 2016-12-09
Total Pages: 768
ISBN-13: 3319443771
DOWNLOAD EBOOK →This book examines the mutual recognition of judicial decisions in European criminal law as a cornerstone of judicial co-operation in criminal matters in the European Union. Providing comprehensive content and combining theoretical and practical aspects, it covers all of the major issues surrounding mutual recognition. The book analyses its definition, genesis, principles, case law, implementation and evaluation. Special attention is given to mutual recognition measures, namely European arrest warrant (i.e. surrender procedure), mutual recognition of custodial sentences, and measures involving deprivation of liberty, mutual recognition of probation measures and alternative sanctions, mutual recognition of financial penalties, mutual recognition of confiscation orders, the European supervision order in pre-trial procedures (i.e. mutual recognition of supervision measures as an alternative to provisional detention), the European investigation order (i.e. free movement of evidence), and the European protection order (i.e. mutual recognition of protection orders). Instead of focusing solely on a criminal law approach, the book also considers the subject from the perspectives of European Union law and International criminal law.
