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Decision Making In The U S Courts Of Appeals

Author: Frank B. Cross
Publisher: Stanford University Press
ISBN: 9780804757133
Size: 15.43 MB
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This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.

Making Law In The United States Courts Of Appeals

Author: David E. Klein
Publisher: Cambridge University Press
ISBN: 9780521891455
Size: 14.89 MB
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This book asks how federal court judges decide cases when faced with unsettled issues of law. Specifically, how much and why are their decisions influenced by higher court judges or other judges at the same level as themselves? To answer these questions, the author relies on statistical analyses of decisions and interviews with court of appeals judges. The key findings are that judges give serious attention to the work of colleagues of equal authority, but demonstrate substantial independence from the Supreme Court.

Inside Appellate Courts

Author: Jonathan M. Cohen
Publisher: University of Michigan Press
ISBN: 9780472024032
Size: 53.84 MB
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Inside Appellate Courts is a comprehensive study of how the organization of a court affects the decisions of appellate judges. Drawing on interviews with more than seventy federal appellate judges and law clerks, Jonathan M. Cohen challenges the assumption that increasing caseloads and bureaucratization have impinged on judges' abilities to bestow justice. By viewing the courts of appeals as large-scale organizations, Inside Appellate Courts shows how courts have walked the tightrope between justice and efficiency to increase the number of cases they decide without sacrificing their ability to dispense a high level of justice. Cohen theorizes that, like large corporations, the courts must overcome the critical tension between the autonomy of the judges and their interdependence and coordination. However, unlike corporations, courts lack a central office to coordinate the balance between independence and interdependence. Cohen investigates how courts have dealt with this tension by examining topics such as the role of law clerks, methods of communication between judges, the effect of a court's size and geographic location, the role of argumentation, the use of visiting judges, the significance of the increasing use of unpublished decisions, and the nature and role of court culture. Inside Appellate Courts offers the first comprehensive organizational study of the appellate judicial process. It will be of interest to the social scientist studying organizations, the sociology of law, and comparative dispute resolution and have a wide appeal to the legal audience, especially practicing lawyers, legal scholars, and judges. Jonathan M. Cohen is Attorney at Gilbert, Heintz, and Randolph LLP.

The View From The Bench And Chambers

Author: Jennifer Barnes Bowie
Publisher: University of Virginia Press
ISBN: 0813936004
Size: 27.44 MB
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For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.

Decisions On The U S Courts Of Appeals

Author: Ashlyn Kuersten
Publisher: Routledge
ISBN: 1135700702
Size: 31.84 MB
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This book provides institutional information as well as practical usage information on the U.S. Courts of Appeals. In addition, it includes important statistical information for researchers and students interested in a variety of topics less directly related to the judiciary.

The Bluebook

Author:
Publisher:
ISBN: 9789998255289
Size: 32.80 MB
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Provides a guide to legal citation information inthe United States. Compiled from the Columbia LawReview, 105th edition, c2005; Harvard Law Review,118th edition, c2005; Univ. of Pennsylvania LawReview, 153rd edition, c2005; and the Yale LawJournal, 114th edition, c2005. New edition offersthe Bluepages for beginning law students.

Final Appeal

Author: Ian Greene
Publisher: James Lorimer & Company
ISBN: 9781550285642
Size: 17.11 MB
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Tables Acknowledgements Introduction 1. Judicial Discretion and Democracy 2. Personality and the Appellate Judge 3. The Appellate Process 4. The Process of Collegial Decision-making 5. Cour d'Appel du Quebec 6. The Supreme Court of Canada 7. The Judicial Decision: Reasons and Citations 8. The Performance of Canadian Appellate Courts 9. The Courts and Democracy 10. The Human Elements of Judicial Decision-making Appendix Notes References Index

Diversity Matters

Author: Susan B. Haire
Publisher: University of Virginia Press
ISBN: 0813937191
Size: 75.62 MB
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Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts. Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.

Appellate Courts In The United States

Author: Daniel John Meador
Publisher: West Academic
ISBN: 9780314152565
Size: 73.17 MB
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Includes purposes and functions served by appellate courts; the evolution of American appellate courts; the problem posed by, and the appellate courts' responses to, the late 20th-century "crisis of volume" in appeals; one- and two-level appellate systems and their relationships; structures and procedures for maintaining consistency in legal doctrine; personnel involved in appellate decisions; procedures of appellate courts; changes in internal decisionals in response to appellate growth; proposals for restructuring appellate courts and modifying their jurisdiction, and procedures to enable them to function effectively amidst an ever-increasing volume of appeals.

Judging On A Collegial Court

Author: Virginia A. Hettinger
Publisher: University of Virginia Press
ISBN: 9780813926971
Size: 38.51 MB
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Dissensus is often viewed in the professional world as a starting point for collaboration; rather than leaving decisions to just one person, dissent offers the opportunity to rethink or reinvent an idea, leading, one hopes, to a better result. When dissensus occurs in a federal court, however, it raises the question of whether this difference of opinion maintains the integrity of the judiciary or undermines its legitimacy. In Judging on a Collegial Court: Influences on Federal Appellate Decision Making, Virginia Hettinger, Stefanie Lindquist, and Wendy Martinek examine the dynamic that gives rise to such dissensus in federal appeals courts, revealing how the appellate process shapes the content and the consistency of the law. The authors examine horizontal dissensus in the minority of cases in which there are dissenting or concurring—as opposed to unanimous—opinions. Primarily investigating why judges on the appeals courts agree or disagree with one another regarding the outcomes of the cases before them, the authors also examine vertical dissensus and ask why judges affirm or reverse lower court judges whose cases are decided on appeal. Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.