Inside Appellate Courts

Inside Appellate Courts
Author :
Publisher : University of Michigan Press
Total Pages : 246
Release :
ISBN-10 : 9780472024032
ISBN-13 : 0472024035
Rating : 4/5 (32 Downloads)

Synopsis Inside Appellate Courts by : Jonathan M. Cohen

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geographic location, the role of argumentation, the use of visiting judges, the significance of the increasing use of unpublished decisions, and the nature and role of court culture.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.

Decision Making in the U.S. Courts of Appeals

Decision Making in the U.S. Courts of Appeals
Author :
Publisher : Stanford University Press
Total Pages : 268
Release :
ISBN-10 : 0804757135
ISBN-13 : 9780804757133
Rating : 4/5 (35 Downloads)

Synopsis Decision Making in the U.S. Courts of Appeals by : Frank B. Cross

This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.

Judging on a Collegial Court

Judging on a Collegial Court
Author :
Publisher : University of Virginia Press
Total Pages : 172
Release :
ISBN-10 : 0813926971
ISBN-13 : 9780813926971
Rating : 4/5 (71 Downloads)

Synopsis Judging on a Collegial Court by : Virginia A. Hettinger

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.

Diversity Matters

Diversity Matters
Author :
Publisher : University of Virginia Press
Total Pages : 130
Release :
ISBN-10 : 9780813937199
ISBN-13 : 0813937191
Rating : 4/5 (99 Downloads)

Synopsis Diversity Matters by : Susan B. Haire

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.

The View from the Bench and Chambers

The View from the Bench and Chambers
Author :
Publisher : University of Virginia Press
Total Pages : 273
Release :
ISBN-10 : 9780813936000
ISBN-13 : 0813936004
Rating : 4/5 (00 Downloads)

Synopsis The View from the Bench and Chambers by : Jennifer Barnes Bowie

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

Decisions on the U.S. Courts of Appeals
Author :
Publisher : Routledge
Total Pages : 358
Release :
ISBN-10 : 9781135700775
ISBN-13 : 113570077X
Rating : 4/5 (75 Downloads)

Synopsis Decisions on the U.S. Courts of Appeals by : Ashlyn Kuersten

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.

Federal Courts Standards of Review

Federal Courts Standards of Review
Author :
Publisher : West Academic Publishing
Total Pages : 274
Release :
ISBN-10 : STANFORD:36105063708361
ISBN-13 :
Rating : 4/5 (61 Downloads)

Synopsis Federal Courts Standards of Review by : Harry T. Edwards

This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.

Courts of Appeals in the Federal Judicial System

Courts of Appeals in the Federal Judicial System
Author :
Publisher : Princeton University Press
Total Pages : 445
Release :
ISBN-10 : 9781400855452
ISBN-13 : 1400855454
Rating : 4/5 (52 Downloads)

Synopsis Courts of Appeals in the Federal Judicial System by : J. Woodford Howard Jr.

Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges in making law and policy; and third, how can quality judicial decisions be maintained under heavy-volume pressure. Originally published in 1981. 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.