Legal systems: judges and judicial powers Books
Orion Publishing Co Dark Sacred Night
Book Synopsis A MURDER HE CAN''T FORGET.A CASE ONLY SHE CAN SOLVE. ''OUTSTANDING'' IAN RANKINAmazon Best 100 Books of The YearBarnes & Noble Best Books of The YearTop Ten Best Thrillers of the Year - Washington Post* * * * *Daisy Clayton''s killer was never caught. In over ten years, there has been no breakthrough in her murder case.Detective Renée Ballard has faced everything the LAPD''s notorious dusk-till-dawn graveyard shift has thrown at her. But, until tonight, she''d never met Harry Bosch - an ex-homicide detective consumed by this case.Soon, she too will become obsessed by the murder of Daisy Clayton.Because Ballard and Bosch both know: every murder tells a story. And Daisy''s case file reads like the first chapter in an untold tragedy that is still being written - one that could end with Ballard herself, if she cannot bring the truth toTrade ReviewTaut in style and sombre in tone, Dark Sacred Night finds the formerly morally incorruptible Bosch journeying into darkness even as he rages against the dying of the light -- Declan Burke * IRISH TIMES *This is a must-read detective novel, for this or any year. -- Michael Carlson * IRRESISTIBLE TARGETS *Detective Renee Ballard, who made her first appearance in last year's The Late Show, returns here in the company of Connelly's long-standing serial character Harry Bosch, now retired from the LAPD and working on cold cases for the San Fernando Police Department...Connelly keeps all the plates - including the porn industry, corrupt cops and a religious zealot - spinning beautifully as the pair battle to find the truth -- Laura Wilson * THE GUARDIAN *Ballard and Bosch could not be more different, and yet they are hewn from the same rock -- Mark Sanderson * EVENING STANDARD *A new masterpiece. It's suspenseful and surprisingly moving. After 31 bestsellers he just keeps getting better. This one will fuel ones to come, as it unites veteran LA detective Harry Bosch and his newest creation, fesity detective Renee Ballard...What a team! What a hit! -- Alex Gordon * PETERBOROUGH EVENING TELEGRAPH *Brilliant written in Connelly's inimitable descriptive style and compulsively readable, we keep company with his characters in the traffic jams of LA and the endless cheap diners where the cops catch their breakfast after an all-nighter. The intertwining of character is as fascinating as the cases they confront, and we are along breathlessly for the whole ride. We can only hope that the team of Ballard and Bosch will run for some years to come. -- Marina Vaizey * THE ARTS DESK *Connelly's most famous creation, retired LAPD detective Harry Bosch,, teams up with detective Renee Ballard to solve the 2009 murder of a 15-year-old runaway in a gripping, fast-paced story. * MAIL ON SUNDAY *
£8.49
The University of Chicago Press The Constitutional Bind
Book Synopsis
£41.88
Princeton University Press The Rise of the Conservative Legal Movement The
Book SynopsisReveals the formidable challenges that conservatives faced in competing with legal liberalism. This title explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses.Trade ReviewWinner of the 2009 Joseph J. Spengler Prize for Best Book in the History of Economics, History of Economics Society Co-Winner of the 2009 Herbert Jacob Book Prize, Law and Society Association One of Choice's Outstanding Academic Titles for 2009 "In a terrific new book, The Rise of the Conservative Legal Movement, professor Steven M. Teles charts the success of the conservative legal establishment over the past several decades. Digging past liberal cliches about an all-powerful Federalist Society tree fort, Teles charts a complicated countermobilization that took place in legal academia and conservative public-interest law, against law schools and a government in thrall with liberal ideas. He chronicles the rise of a multifaceted organizational and institutional structure that has become the only game in town."--Dahilia Lithwick, Slate "Teles's book is ... a piece of first-rate scholarship based on archival research and many interviews... [T]he Rise of the Conservative Legal Movement is a fine piece of historical scholarship and an important contribution to understanding strategies for combating entrenched political and intellectual elites."--Charlotte Allen, The Weekly Standard "Steven Teles ... examines a complex phenomenon still playing itself out in The Rise of the Conservative Legal Movement. He does so thoughtfully and provocatively, and with access to key insiders and archival material. His book should be interesting to readers across the political spectrum... Teles's book provides a panoramic, nonpartisan portrait of the sober and serious side of the conservative legal movement. In doing so, it can hopefully lead toward a respectful, constructive dialogue about the role of law in society."--Ronald Goldfarb, Washington Lawyer "I am recommending Teles's book to all my liberal and progressive colleagues... Perhaps if liberals and progressives pay enough attention to the lessons about problem-solving and adaptation taught in this valuable book, Prof. Teles will have an opportunity to write a sequel, The Renaissance of the Liberal Legal Network."--Michael Avery, Suffolk University Law Review "Lawyers fill an important role in American democracy, as the conduit for transmitting social mores from the nation's elite to the people, and vice versa. How they do this is something sociologists have spent relatively little time researching, but Steven M. Teles has taken a step to remedy this by producing an engaging, insightful, and remarkably objective analysis of how the climate of legal ideas actually changes. His book is neither history nor polemic, but a scholarly study of how an ideological minority organized despite overwhelming hostility, knot an effective (if still minority) force against the prevailing orthodoxy... [T]eles's book is an important and persuasive account of the growth and success of a corps of intellectuals who are challenging the hegemony of big government in American society."--Timothy Sandefur, California Lawyer "[T]his new book by Steven Teles ... will appeal mainly if not only to legal and politics specialists, and those interested in the USA at that. However, his survey of the ways in which conservative law grew from the 1960s to the turn of the twenty-first century reveals even more of interest to anyone trying to understand how conservative values and beliefs ... were and have been internalized in US law schools and the education there, as well as in legal practice and the federal bench."--Stuart Hannabuss, Library Review "No published study about the conservative legal movement of which I am aware can compete with the information, detail, perspectives, and stories that Teles has packed into his book."--Roy B. Flemming, Law and Politics Book Review "Well written and well researched... Activists on both the Left and the Right can learn about the tactics of intellectual insurgency and networking. Political scientists can benefit from Teles's explanation of how liberalism became entrenched in legal institutions just as conservatives were starting to dominate electoral politics. And grant-makers can learn the importance of adopting a long time-horizon when engaged in a battle of ideas."--R. Shep Melnick, Claremont Review of Books "Teles provides a thorough analytical chronology of the emergence of intellectuals, networks, political entrepreneurs, and patrons as a new level of political competition in the legal arena, which he contends has made elections themselves less significant... This is an exceptionally valuable resource for understanding recent changes, both liberal and conservative, in the legal and political spheres."--R. Heineman, Choice "This fine book will surely become the leading authority on the efforts of modern conservatives to shape law. It should be of interest to a wide range of scholars and lawyers."--James W. Ely, Jr., Law and History Review "This excellent book deserves to be widely read and discussed... It can be read with profit by historians of conservatism, by political scientists interested in American political development, and by scholars interested in the complexities of large-scale change in legal doctrine and structure and its relation to conventional politics."--Richard Adelstein, Constitutional Political Economy "[T]houghtful and well-researched."--Andy Lamey, Metapsychology Online Reviews "Teles draws on extraordinarily rich data to show how a conservative legal movement emerged and altered the ideological landscape in the legal profession and in the judicial branch of government... The author artfully examines the interplay of structure and action, as he describes both the successes and failures of the movement's architects."--Rory McVeigh, Contemporary Sociology "Steven M. Teles has written a remarkable book that reinforces the truth that ideas have consequences... Teles offers a fascinating account of the myriad moving parts that did and must work together to effect large-scale political change."--Bradley C. S. Watson, Intercollegiate Review "[A] remarkable book... Teles adopts an approach that is both highly effective and radically divergent from the typical foci and methods of contemporary scholarship on American politics."--Paul Pierson, Perspectives on Politics "Steven M. Teles has written a fascinating book on how conservative ideas gained influence over contemporary law and has added an essential chapter to our historical accounts of modern conservatism, which until now have focused on electoral politics."--Linda Przybyszewski, Journal of American History "[Steven M. Teles'] book provide[s] ... insights into the causes and contours of the American conservative legal movement and provide[s] a much-welcomed alternative perspective to the regime politics literature by spotlighting the supply side of legal and constitutional change."--Amanda Hollis-Brusky, Law & Social InquiryTable of ContentsAcknowledgments ix Introduction 1 Chapter 1. Political Competition, Legal Change, and the New American State 6 Chapter 2. The Rise of the Liberal Legal Network 22 Chapter 3. Conservative Public Interest Law I: Mistakes Made 58 Chapter 4. Law and Economics I: Out of the Wilderness 90 Chapter 5. The Federalist Society: Counter-Networking 135 Chapter 6. Law and Economics II: Institutionalization 181 Chapter 7. Conservative Public Interest Law II: Lessons Learned 220 Conclusion 265 Appendix Interviews 283 Notes 287 Index 331
£25.20
Whitefox Publishing Ltd Nothing Like the Truth: The Trials and
Book SynopsisIn 100 per cent of criminal trials someone, if not everyone, tells lies. If it wasn't for liars, there wouldn't be trials. When a defendant swears 'to tell the truth, the whole truth and nothing but the truth', most judges and barristers believe their evidence will be 'nothing like the truth'. Who can blame them? During years of exposure to a daily diet of murder and mayhem, lies and liars, they've heard it all before. In Nothing Like the Truth, Nigel Lithman QC provides an entertaining and irreverent insight into life in the criminal courts as barrister, QC and Crown Court judge. Using his experience in true crime, he mixes tales of horror with humour and questions whether it is possible for defendants to get a fair trial.
£9.49
Profile Books Ltd Trials of the State: Law and the Decline of
Book SynopsisA SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.Trade Reviewbrisk, entertaining, brilliant ... one of the great lawyers of our time -- Bryan Appleyard * the Sunday Times *magisterial -- Edward Fennell * the Times *
£8.54
HarperCollins Publishers Inc Nine Black Robes
Book Synopsis
£24.74
Penguin Publishing Group Packing the Court The Rise of Judicial Power and the Coming Crisis of the Supreme Court
Book Synopsis From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.
£17.01
Oxford University Press Inc The American Judicial System
Book SynopsisAt some point, everyone living in the United States has some type of interaction with the American judicial system. For most, this contact is relatively minor: contesting a traffic ticket, suing or being sued in civil court, being a witness in a civil or criminal trial, or serving on a jury. Others are caught up in the criminal justice system - as defendants, as victims, as witnesses, as jurors, or as relatives of a victim or a defendant. For still others, contact comes via an important policy issue affecting their lives in the hands of judges and justices sitting in judgment in marble temples to the law. Yet whatever the level of contact, the American judicial system affects peoples'' lives. What courts and judges do matters.This book provides a very short, but complete introduction to the institutions and people, the rules and processes, that make up the American judicial system. Jargon free and aimed at a general reader, this Very Short Introduction explains the ''where,'' ''when,'' and ''who'' of American courts. It also makes clear the ''how'' and ''why'' behind the law as it affects everyday people. It is, in a word, a starting place to understanding the third branch of American government at both the state and federal levels; a guide to those wishing to know the basics of the American judicial system; and a cogent synthesis of how the various elements that make up the law and legal institutions fit together.Table of ContentsAcknowledgements Preface: The Contours of a Judicial System Chapter 1. Structures and jurisdictions Chapter 2. Roles and functions Chapter 3. Powers and motivations Chapter 4. People Chapter 5. Process Chapter 6. Politics and policy Afterword Further Readings References Index
£9.49
Oxford University Press Inc The Living Constitution Inalienable Rights
Book SynopsisIn The Living Constitution (part of the Inalienable Rights book series) acclaimed constitutional scholar David Strauss argues that these two approaches are reconcilable.Trade Review"If David Strauss's marvelous book doesn't convince Justice Scalia to accept rather than abhor the idea of a living constitution, nothing will." --William Wargo, The Vermont Bar Journal "Writing in prose that laymen will find lucid and inviting, Strauss makes the usually fuzzy idea of a living Constitution rigorous and substantive."--Publishers Weekly "Succinct and elegant"--Steve Chapman, Chicago Tribune "Strauss keeps a low public profile but legal scholars know him to be a first-class mind. This book, written for the general reader, shows that he is also a master stylist, whose prose is Orwellian in the good sense: clear as a pane of glass."--The New Republic "Whatever one may think of these issues, it is clear that Strauss has provided a great service to both academics and the general reading public. He has produced a short, accessible, well-written, thoughtful, and incisive defense of living constitutionalism, one which can also serve as a valuable introduction to foundational debates about the nature of constitutional interpretation."--The Law & Politics Book Review "Timely and important...a novel and creative contribution to the ongoing debate about the nature of the U.S. Constitution, and will influence the dialogue for years to come."--Harvard Law Review "I regard The Living Constitution to be a tremendous success. It deserves to be widely read by students, lay people, and specialists."--Notre Dame Philosophical ReviewsTable of ContentsIntroduction: Do We Want A Living Constitution? 1. Originalism and Its Sins 2. The Common Law 3. Freedom of Speech and the Living Constitution 4. Brown v. Board of Education and Innovation in the Living Constitution 5. Common Ground and Jefferson's Problem 6. Constitutional Amendments and the Living Constitution
£19.49
Oxford University Press Blackstones Magistrates Court Handbook 2024
Book SynopsisThe new edition of the bestselling Blackstone''s Magistrates'' Court Handbook provides a complete practical guide for the busy practitioner. Incorporating full references to the Magistrates'' Court Sentencing Guidelines, it offers all you need in one trustworthy source.Covering all the key aspects of magistrates'' court practice, the book focuses on the areas most likely to arise at short notice requiring an instant response from the advocate, as well as on those offences most frequently experienced at court, such as assault, public order, dishonesty, drugs, weapons, driving, criminal damage, and sexual offences.Blackstone''s Magistrates'' Court Handbook''s easy-to-use pocket-sized format facilitates quick reading and instant decision-making. Tables, flow-charts, and a clear system of icons aid comprehension and speedy navigation. Cross-referencing to Blackstone''s Criminal Practice 2024 provides you with easy access to in-depth commentary.
£59.99
The University of Chicago Press Judicial Politics in Polarized Times
Book SynopsisAre judges neutral legal umpires, unaccountable partisan activists, or political actors whose decisions conform to-rather than challenge-the democratic will? The author argues that, despite judges' claims, legal decisions are not the politically neutral products of disembodied legal texts.Trade Review"This is a robust, measured, and ultimately very persuasive book that places judicial review in the United States in context, insisting-and providing compelling evidence to support-the conclusion that judicial review is neither savior nor threat. It is, instead, a vital and still-important cog in our government machinery. Judicial Politics in Polarized Times could not be more timely." (Gordon Silverstein, Yale Law School)"
£76.00
The University of Chicago Press Judicial Politics in Polarized Times
Book SynopsisAre judges neutral legal umpires, unaccountable partisan activists, or political actors whose decisions conform to-rather than challenge-the democratic will? The author argues that, despite judges' claims, legal decisions are not the politically neutral products of disembodied legal texts.Trade Review"This is a robust, measured, and ultimately very persuasive book that places judicial review in the United States in context, insisting-and providing compelling evidence to support-the conclusion that judicial review is neither savior nor threat. It is, instead, a vital and still-important cog in our government machinery. Judicial Politics in Polarized Times could not be more timely." (Gordon Silverstein, Yale Law School)"
£22.80
WW Norton & Co When Should Law Forgive
Book SynopsisMartha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.Jill LeporeTrade Review"May one be pardoned and retain the offense?‚ (Hamlet)... For what offenses and under what conditions should a just legal system offer forgiveness? This is a legal minefield through which When Should Law Forgive? provides an indispensable guide." -- Stephen Greenblatt
£13.29
The University of Michigan Press Administering Justice Placing the Chief Justice
Book SynopsisExamines the leadership role of chief justices in the American states, including how those duties require chief justices to be part of the broader state political environment. Vining and Wilhelm focus extensively on the power of chief justices as public spokespersons, legislative liaisons, and reform leaders.Trade Review“Blending incisive theoretical foundations, impressive original data, and rich descriptive insight, Administering Justice is a tour de force on the role chief justices play in state politics. It is a must-read for anyone interested in courts and state politics, but also offers broader insight into political leadership and institutional performance.”—Greg Goelzhauser, Utah State University “Vining and Wilhelm have written a true piece of comparative political research, shedding new light on an understudied topic in American courts—judicial leadership—and leverage the diversity of institutional rules and norms to show how they shape leadership on our state high courts. A must-read for state court scholars.” —Mikel A. Norris, Coastal Carolina University “. . . contributes significantly to our understanding of the role chief justices play in state judicial systems, leveraging a mix of rich qualitative examples with larger-n analyses.”—Eve Ringsmuth, Oklahoma State University “In a very clear manner, and building upon pertinent existing literature, the authors provide a detailed and comprehensive understanding and picture of the work of chief justices.” —Gbemende Johnson, University of Georgia "Vining and Wilhelm present an excellent analysis of the importance of chief justices in state politics. The authors should be commended for their contribution to current scholarship because the text contains a wealth of information and is written in an engaging manner. The level of both qualitative descriptive or case study information and quantitative statistical data is outstanding, especially considering how challenging it can be to find in several states. Rated: highly recommended"--CHOICETable of Contents List of Tables List of Figures Acknowledgments Introduction Part One: Chapter One: The Chief Justice as Institution Chapter Two: The Chief Justice as Individuals Part Two: Chapter Three: The Chief Justice as Administrator Chapter Four: The Chief Justice as Advocate Chapter Five: The Chief Justice as Politician Conclusion References
£19.90
LUP - University of Michigan Press Administering Justice
Book SynopsisExamines the leadership role of chief justices in the American states, including how those duties require chief justices to be part of the broader state political environment. Vining and Wilhelm focus extensively on the power of chief justices as public spokespersons, legislative liaisons, and reform leaders.Trade Review“Blending incisive theoretical foundations, impressive original data, and rich descriptive insight, Administering Justice is a tour de force on the role chief justices play in state politics. It is a must-read for anyone interested in courts and state politics, but also offers broader insight into political leadership and institutional performance.” - Greg Goelzhauser, Utah State University“Vining and Wilhelm have written a true piece of comparative political research, shedding new light on an understudied topic in American courts--judicial leadership--and leverage the diversity of institutional rules and norms to show how they shape leadership on our state high courts. A must-read for state court scholars.” - Mikel A. Norris, Coastal Carolina University“. . . contributes significantly to our understanding of the role chief justices play in state judicial systems, leveraging a mix of rich qualitative examples with larger-n analyses.” - Eve Ringsmuth, Oklahoma State University“In a very clear manner, and building upon pertinent existing literature, the authors provide a detailed and comprehensive understanding and picture of the work of chief justices.” - Gbemende Johnson, University of GeorgiaTable of Contents List of Tables List of Figures Acknowledgments Introduction Part One: Chapter One: The Chief Justice as Institution Chapter Two: The Chief Justice as Individuals Part Two: Chapter Three: The Chief Justice as Administrator Chapter Four: The Chief Justice as Advocate Chapter Five: The Chief Justice as Politician Conclusion References
£54.10
Harvard University Press The Chevron Doctrine
Book SynopsisWith Congress paralyzed, lawmaking falls to executive agencies and courts that interpret existing statutes. Due to the so-called Chevron doctrine, courts generally defer to agencies. Thomas Merrill examines the immense consequences of the doctrine and the intense backlash, offering a new way to conceptualize the authority of agencies and courts.Trade ReviewWise and illuminating…Merrill’s treatment of the rise of Chevron, and its various twists and turns over the decades, is keenly insightful. -- Cass R. Sunstein * New York Review of Books *Merrill’s book tracks the doctrine’s history from its curious origins through its unlikely rise and expansion in a hundred-plus Supreme Court decisions to the fairly recent ‘sudden collapse of support for the doctrine’ among legal scholars and judges. His chapters on Chevron’s tortuous trajectory are a must-read for practicing or prospective administrative lawyers. They, as well as a broader audience, will find much good sense in the author’s judicious treatment of perennial questions of lawful government. -- Michael S. Greve * Claremont Review of Books *Merrill has provided a rich account of how the Chevron doctrine came to be…A thorough and theoretically sophisticated legal analysis. -- William F. West * Congress & the Presidency *Merrill’s rich history, his weighing of the comparative advantages of judicial and agency lawmaking, and his reflections on judicial and political choices to date provide informative guideposts for future decisions. * Choice *Students of administrative law, the Constitution, Congress, or the federal courts will find much to mull about the operation and legitimacy of the U.S. administrative state. * Library Journal *Merrill’s interpretive and reform arguments in this fine work of scholarship are mature and sophisticated. This deeply considered work will enrich the ongoing debate. -- Ronald M. Levin, Washington University School of LawTom Merrill is one of the best scholars in the nation to undertake a book-length treatment of the Chevron doctrine. Thoughtful and nuanced, Merrill’s The Chevron Doctrine will be a ‘must-read’ not only for any lawyer or scholar involved in the field of administrative law, but also for any scholar interested in American legal thought of the past half century. -- John F. Duffy, University of Virginia School of LawThis book is a model of how to conduct rigorous, level-headed, and fair-minded analysis of a subject that has generated enormous legal controversy. There is no more judicious mind among American legal scholars than Thomas Merrill’s. -- Nicholas Parrillo, Yale Law SchoolTom Merrill is one of the brightest and best scholars of administrative law, and in particular of the Chevron doctrine, in his generation. This book sheds new light on the most controversial subjects in the law of the separation of powers and in administrative law. It is must-reading for any citizen who has an interest in the constitutionality of the administrative state. -- Steven G. Calabresi, Northwestern University Pritzker School of Law
£26.31
Princeton University Press Political Foundations of Judicial Supremacy The
Book SynopsisShows that presidents and leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. This work examines why presidents have found judicial supremacy to be in their best interest and why constitutional leadership has been passed to the courts.Trade ReviewWinner of the 2008 J. David Greenstone Award, Politics and History Section of the American Political Science Association Winner of the 2008 C. Herman Pritchett Award, Law and Courts Section of the American Political Science Association "Filled with numerous examples and insightful analysis, Political Foundations of Judicial Supremacy offers a fascinating behind-the-scenes guide to the politics of judicial review that is impressive in both scope and depth."--Harvard Law Review "The book has the depth and breadth of scholarship that we have come to expect from Whittington. He draws on a rich study of history to support a thesis that builds from various literatures in political science generally and the study of courts in particular. Whittington writes with clarity, precision and grace and should be read, if only as a model of what scholarly work should be... Whittington makes an important contribution to our understanding of the development of American political institutions and raises interesting questions about the shape those institutions might take."--Kenneth Ward, The Law and Politics Book Review "Whittington has written a marvelous book that challenges two axioms of American political thought; the assumed constitutional basis of judicial supremacy and the Marbury 'myth' of judicial review. What distinguishes Whittington's effort from a thousand other analyses of the Court's place in American constitutional practice is his embrace of an explicitly political, as opposed to legalistic, approach to the subject."--M. E. Bailey, Choice "Whittington's masterful account captures a hidden, selfish dynamic of constitutional politics."--Aziz Huq, New York Law Journal "In his wonderfully written and insightful analysis of constitutional review and judicial supremacy in the United States, Keith Whittington takes the reader on a historical journey from the earliest years of the nation through the present day. Through his examination, Whittington provides ample evidence in support of his thesis that it is not so much the United States Supreme Court that has laid claim to judicial supremacy in constitutional interpretation as it is the elected branches of government and the executive, in particular, that have seen it in their own interest to assert that the Court is the ultimate authority on the Constitution."--Christine L. Nemacheck, Perspectives on Politics "[T]his book stands out as the best and most sophisticated study of the problem of 'who interprets' in the American context."--Walter Murphy, Law and History Review "Whittington's book is a perfect fit for both undergraduate and graduate courses on judicial process, constitutional law and theory, and jurisprudence... Whittington continues to demonstrate why he is one of today's most important constitutional scholars. Political Foundations of Judicial Supremacy is essential reading for anyone interested in American politics. Meticulously researched, grounded in the scholarly literature, yet accessible to the nonacademic, the author's arguments are important for anyone seeking an understanding of how the presidency, Congress, and the Supreme Court interact to construct constitutional meaning."--Artemus Ward, Congress & the Presidency "Whittington's book explores a fascinating issue and provides a variety of insights into the relationship between presidents the Supreme Court."--R. Shep Melnick, Journal of PoliticsTable of ContentsPreface xi Chapter 1: The Politics of Constitutional Meaning 1 Chapter 2: The Construction of Constitutional Regimes 28 Chapter 3: The Reconstruction of Judicial Authority 82 Chapter 4: The Judiciary in the Politics of Opposition 161 Chapter 5: The Growth of Judicial Authority 230 Chapter 6: The Dynamics of Constitutional Authority 285 Index 297
£31.50
Princeton University Press Beyond the FormalistRealist Divide
Book SynopsisReveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. This title traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists.Trade Review"Tamanaha has written a provocative challenge to conventional wisdom about the rise of judicial realism... Strongly recommended for scholars and students of law, political science, and history."--Choice "Beyond the Formalist-Realist Divide is a clearly written and groundbreaking book. Although its focus is historical, its objective--in which it succeeds--is to change the way we think about law today."--Henry Cohen, Federal Lawyer "Tamanaha's book reflects some striking research into the views of (largely forgotten or neglected) 19th-century law professors and jurists, and the material he has brought to our attention will demand attention from legal historians... [W]e should be grateful to Tamanaha for his provocative historical research, for laying down a vigorous challenge that should be met by historians of ideas and social scientists, and for imparting appropriate intellectual caution and modesty to future writers who might otherwise be prone to casual talk about a 'formalist' age in American legal thought."--Brian Leiter, Legal Theory "Tamanaha's ... book will change the way we think about both formalism and realism, about the history of legal scholarship and about the empirical study of judicial decision making."--Edward Rubin, Law and Politics ReviewTable of ContentsAcknowledgments ix CHAPTER 1: Introduction 1 PART ONE: THE LEGAL FORMALISTS CHAPTER 2: The Myth about Beliefs in the Common Law 13 CHAPTER 3: The Myth about "Mechanical Jurisprudence" 27 CHAPTER 4: The Holes in the Story about Legal Formalism 44 PART TWO: The Legal Realists CHAPTER 5: Realism before the Legal Realists 67 CHAPTER 6: A Reconstruction of Legal Realism 91 PART THREE: STUDIES OF JUDGING CHAPTER 7: The Slant in the "Judicial Politics" Field 111 CHAPTER 8: What Quantitative Studies of Judging Have Found 132 PART FOUR: LEGAL THEORY CHAPTER 9: The Emptiness of "Formalism" in Legal Theory 159 CHAPTER 10: Beyond the Formalist-Realist Divide 181 Afterword 200 Notes 203 Index 251
£28.80
Princeton University Press The Judge as Political Theorist Contemporary
Book SynopsisExamines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. This book argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge.Trade Review"Robertson offers the field of comparative judicial politics a thoughtful, carefully researched book that confronts conventional wisdom on constitutional courts and jurists... An exceptional book."--Choice "The book is fascinating for some of its arguments in relation to the position of judges in liberal democracies and will be of interest to scholars of both law and politics."--Kawu Bala, Political Studies Review "The Judge as Political Theorist contains an interesting and well-presented argument that re-imagines the job of judges who render decisions on constitutional matters... [G]enerally his conclusions make intuitive sense and are supported by tangible evidence. Furthermore, at a systematic level, Robertson's portrayal of various constitutional courts choosing alternative approaches to solve a shared set of general political problems fits nicely with theories trying to explain the unique position of the court as a non-political actor that must make inherently political decisions that define the role of government in society."--Matt Hartz, Journal of International Law and PoliticsTable of ContentsPreface ix Chapter One: The Nature and Function of Judicial Review 1 Chapter Two: Germany: Dignity and Democracy 40 Chapter Three: Eastern Europe: (Re)Establishing the Rule of Law 83 Chapter Four: France: Purely Abstract Review 143 Chapter Five: Canada: Imposing Rights on the Common Law 187 Chapter Six: South Africa: Defining a New Society 226 Chapter Seven: Tests of Unconstitutionality and Discrimination 281 Chapter Eight: Conclusions: Constitutional Jurists as Political Theorists 347 Cases Cited 385 Bibliography 393 Index 407
£38.25
Princeton University Press The Constrained Court Law Politics and the Decisions Justices Make
Book SynopsisHow do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? By showing how law and politics interact in the construction of American law, this book sheds light on the role that the Supreme Court plays in the constitutional order.Trade ReviewHonorable Mention for the 2012 C. Herman Pritchett Award, Law and Courts Section of the American Political Science Association "[I]n The Constrained Court, Michael Bailey and Forrest Maltzman have launched a frontal assault on the citadel. Their book is a tour de force that will likely supplant the attitudinal model and become a basis for a new paradigm for understanding decision making... I want to underline that is one of the most important studies in the field in the last decade. Neither Bailey nor Maltzman is a trained public law scholar, which makes it so infuriating that they have written such a path breaking study. The book should be mandatory for public law scholars and graduate students and highly recommended, as the authors suggest, for Chief Justice John Roberts."--Richard L. Pacelle, Jr., Law and Politics Book Review "The Constrained Court challenge[s] established paradigms in [its] fields, introduce[s] inventive and original research and seek[s] to transform the ways in which we think and talk about the nature of judging. It is a testament to the energy imagination, and erudition of the authors that they can legitimately take credit for having advanced these objectives."--Bruce G, Peabody, Perspectives on Politics "If you want a sophisticated account of judicial decision making that integrates PPT with serious consideration of the role of law, the book you want to buy is The Constrained Court by Bailey and Maltzman. It integrates pivotal politics models with a two dimensional model of judging that represents legal preferences in a rigorous way. The Constrained Court is rigorous and illuminating."--Larry Solum, Harvard Law ReviewTable of ContentsPreface ix Chapter 1. Introduction 1 Chapter 2. The Measure of Law: Estimating Preferences across Institutions and Time 17 Part I. Legal Value Constraints Chapter3. Disentangling Law and Policy Preferences 47 Chapter 4. Law Matters 64 Chapter 5. Causes and Consequences of Diverse Legal Values 80 Part II. Political Constraints Chapter 6. Separation of Powers and the Strategic Constraint 95 Chapter 7. Signals from the Executive 121 Chapter 8. Conclusion 140 Appendix. Statistical Details 156 Notes 175 References 185 Index 203
£27.00
Princeton University Press Building the Judiciary
Book SynopsisHow did the federal judiciary transcend early limitations to become a powerful institution of American governance? This book uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century.Trade Review"Crowe takes the position that, despite the conventional wisdom that the institutional legitimacy of the federal judiciary is a product of its own decisions, the growth of the institutional development and legitimacy of the national courts is a result of continued and strategic decisions made by political actors outside the judiciary. This interesting, important, and timely thesis is supported by the author's use of events through history. Crowe proves to be a master storyteller; the book is excellently researched and written, and the thesis is strongly and articulately supported... Scholars interested in the judiciary, American political development, Congress, and U.S. history will benefit from this thoughtful book."--Choice "Building the Judiciary is excellently written and accessible to readers who may have no background in American politics. I highly recommend the book to comparative judicial politics scholars who want to learn about the institutional development of the American federal judiciary."--Maria Popova, Perspectives on Politics "To illustrate the political process of constructing federal judicial institutions, Crowe has composed a book of remarkable architectural elegance."--Stephen M. Engel, Tulsa Law ReviewTable of ContentsAcknowledgments ix Chapter One: The Puzzle of Judicial Institution Building 1 Chapter Two: The Early Republic: Establishment 23 Chapter Three: Jeffersonian and Jacksonian Democracy: Reorganization 84 Four The Civil War and Reconstruction: Empowerment 132 Chapter Five: The Gilded Age and the Progressive Era: Restructuring 171 Chapter Six: The Interwar and New Deal Years: Bureaucratization 197 Chapter Seven: Modern America: Specialization 238 Chapter Eight: Judicial Power in a Political World 270 Index 281
£36.00
Princeton University Press Restoring the Global Judiciary
Book SynopsisTrade Review"Flaherty laments the executive branch’s over-accumulation of power, but instead focuses on the diminution of federal judicial power in foreign affairs. In his new book, Flaherty convincingly argues that this trend is not only contrary to the intent of the Constitution’s framers, but it also encroaches on the role federal courts played in foreign affairs during the first century of the republic."---Jeffrey M. Winn, New York Law Journal"Clearly, Flaherty’s study has significantly contributed to a growing body of work evaluating the American judiciary’s legacy associated with foreign policy."---Samuel Hoff, International Social Science Review
£29.75
Princeton University Press Restoring the Global Judiciary
Book SynopsisTrade Review"Flaherty laments the executive branch’s over-accumulation of power, but instead focuses on the diminution of federal judicial power in foreign affairs. In his new book, Flaherty convincingly argues that this trend is not only contrary to the intent of the Constitution’s framers, but it also encroaches on the role federal courts played in foreign affairs during the first century of the republic."---Jeffrey M. Winn, New York Law Journal"Clearly, Flaherty’s study has significantly contributed to a growing body of work evaluating the American judiciary’s legacy associated with foreign policy."---Samuel Hoff, International Social Science Review
£19.80
MP-KAN Uni Press of Kansas The Unusual Story of the Pocket Veto Case
Book SynopsisExplores the underlying tension between congressional authority and the executive prerogative. Especially today, with such tension very much in evidence, it becomes all the more important to understand how and why the Constitution actually appears to encourage it.Table of Contents Editor’s Preface Preface Part I. The History of a New Federal Tribunal 1. the Long Road to the Court of Claims 2. Approaching the Gates of the Court: The Six Tribes and Congress until 1927 3. Still Waiting at the Gates of the Court, 1926-1928 Part II. The Pocket Veto: Challengers and Challenges 4. Reacting to the Pocket Veto, 1927-1928 5. The Supreme Court Agrees to Read and Listen, 1928-1929 6. The Pocket Veto and the Supreme Court, 1929-1938 Part III. Beyond the Pocket Veto Case 7. Digging Deeper into the Pocket Veto Cases, 1970-1987 Conclusion Chronology Bibliographic Essay Index
£26.95
Gill Lessons From the Bench
Book SynopsisLong before her retirement, Judge Gillian Hussey had been conferred with the status of legend of the bench. This book gives a wonderful insight into the complex demands and balances that confronted her day in, day out. It's a fascinating and informative read that will hold your attention to the very end.' John Lonergan, author and former Governor of Mountjoy PrisonWhen Gillian Hussey started out in Bridewell District Court in 1984, little did she realise that she would deal with some of the most notorious criminals in Ireland, including the Kinahans, the Cahills, The Monk' and John Gilligan.As one of Ireland's first female judges, Gillian was very much a woman in a man's world. Unafraid to look beyond the courtroom, she always sought to better understand the human not just the criminal who stood before her in the dock. Through her work, Gillian spent a lifetime learning about people, society and herself.T
£19.79
Lexington Books Supreme Court Jurisprudence in Times of National
Book SynopsisThis book will provide the reader with a chronological review of the Supreme Court jurisprudence on the Commander-in-Chief power of the President and how the Court developed and enforced the boundaries around the height, depth, and width of that power over the past two centuries.Trade ReviewGarrison (Kutztown Univ.) provides extensive treatment of the growth of presidential power in foreign affairs and the rise of judicial power to "maintain constitutional boundaries on presidential power." Beginning with President Washington's 1793 statement of neutrality in the British-French conflict, he documents presidential assertions of power resulting in Congress "losing control over war policy." History has sustained Hamilton in his debate with Madison over presidential power that was instigated by this incident. However, Garrison challenges the maxim that courts provide little protection to civil liberties during national security crises. This maxim has largely arisen due to the fact that the Ex Parte Milligan case limited military commissions only after the Civil War, but the Ex Parte Quirin case during WW II affirmed trials by military commissions for US citizens. In the current war on terror, Garrison asserts the judiciary has brought presidential power under the rule of law by requiring a habeas corpus hearing for presidentially declared enemy combatants and judicial review of treaty-based requirements for military commissions trying violations of the laws of war. The book's implicit message is that Hamilton's view of the judiciary as the institution to preserve the rule of law has been sustained. Summing Up: Recommended. Upper-division undergraduate, graduate, and research collections. * CHOICE *Arthur A. Garrison’s Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War is an excellent discussion of the role that the Supreme Court has, does and should play in this important policy space. . . . One of the strengths of the book . . . is that Garrison does not merely focus on the opinion of the Court, but also includes treatment of the dissents and concurrences of important cases. . . .The heart of the book is found in its second half, the focus of which is on the post-September 11 Supreme Court War on Terror jurisprudence. Early in this section, Garrison sets the stage with a detailed look at the legal justifications offered by various presidential administrations in determining the legal capacity of the president to engage in war in Vietnam, react to hostage taking in the U.S. embassy in Iran and events that could lead to deployment of troops without congressional approval. . . .Garrison’s book offers an excellent discussion of the political, philosophical, historical and legal underpinnings of presidential war powers. . . .This is a detailed, important treatment of the players in a key policy space. * Law and Politics Book Review *Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War is an exhaustive analysis of Supreme Court jurisprudence in time of national security crisis from the founding of the nation to the present time. This encyclopedic book covers familiar and unfamiliar examples alike, freshly and with rigor. -- Jack Goldsmith, Henry L. Shattuck Professor, Harvard Law SchoolTable of ContentsIntroduction Part One:National Security, the Rise of Presidential Power, the Rule of Law, and the Development of Constitutional Boundaries on Political Necessity and the War Power Chapter 1: The Rise of Presidential Authority in Times of National Crisis Chapter 2: The Supreme Court and Presidential Authority in Times of National Crisis Communism, Red Scares, National Security, Free Speech, and the Supreme Court Chapter 3: World Wars, the Red Scare, and Free Speech I: World War One, the First Red Scare (1917-1920), and Free Speech Chapter 4: World Wars, the Red Scare, and Free Speech II: World War Two, the Second Red Scare (1947-1957), Free Speech, and the Loyalty Oath Cases Case Studies in Presidential Power and the Judiciary Chapter 5: Mr. Roosevelt and His Camps Chapter 6: President Truman and His Steel Part Two: September 11, 2001, Terrorism, and the Vindication of the Rule of Law Chapter 7: September 11th, the War on Terrorism, and the Judiciary Chapter 8: Enemy Combatants: Is the President's Designation Enough? Chapter 9: Captured Terrorists: Guantanamo Bay, Military Commissions, and Habeas Corpus Appendix to Chapter 9 Rasul et al v. Bush Hamden v. Rumsfeld Boumediene v. Bush Chapter 10: The Rule of Law and the Judiciary in Times of Crisis Chapter 11: A Summary of Cases
£133.20
Lexington Books Supreme Court Jurisprudence in Times of National
Book SynopsisThis book will provide the reader with a chronological review of the Supreme Court jurisprudence on the Commander-in-Chief power of the President and how the Court developed and enforced the boundaries around the height, depth, and width of that power over the past two centuries.Trade ReviewSupreme Court Jurisprudence in Times of National Crisis, Terrorism, and War is an exhaustive analysis of Supreme Court jurisprudence in time of national security crisis from the founding of the nation to the present time. This encyclopedic book covers familiar and unfamiliar examples alike, freshly and with rigor. -- Jack Goldsmith, Henry L. Shattuck Professor, Harvard Law SchoolGarrison (Kutztown Univ.) provides extensive treatment of the growth of presidential power in foreign affairs and the rise of judicial power to "maintain constitutional boundaries on presidential power." Beginning with President Washington's 1793 statement of neutrality in the British-French conflict, he documents presidential assertions of power resulting in Congress "losing control over war policy." History has sustained Hamilton in his debate with Madison over presidential power that was instigated by this incident. However, Garrison challenges the maxim that courts provide little protection to civil liberties during national security crises. This maxim has largely arisen due to the fact that the Ex Parte Milligan case limited military commissions only after the Civil War, but the Ex Parte Quirin case during WW II affirmed trials by military commissions for US citizens. In the current war on terror, Garrison asserts the judiciary has brought presidential power under the rule of law by requiring a habeas corpus hearing for presidentially declared enemy combatants and judicial review of treaty-based requirements for military commissions trying violations of the laws of war. The book's implicit message is that Hamilton's view of the judiciary as the institution to preserve the rule of law has been sustained. Summing Up: Recommended. Upper-division undergraduate, graduate, and research collections. * CHOICE *Arthur A. Garrison’s Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War is an excellent discussion of the role that the Supreme Court has, does and should play in this important policy space. . . . One of the strengths of the book . . . is that Garrison does not merely focus on the opinion of the Court, but also includes treatment of the dissents and concurrences of important cases. . . .The heart of the book is found in its second half, the focus of which is on the post-September 11 Supreme Court War on Terror jurisprudence. Early in this section, Garrison sets the stage with a detailed look at the legal justifications offered by various presidential administrations in determining the legal capacity of the president to engage in war in Vietnam, react to hostage taking in the U.S. embassy in Iran and events that could lead to deployment of troops without congressional approval. . . .Garrison’s book offers an excellent discussion of the political, philosophical, historical and legal underpinnings of presidential war powers. . . .This is a detailed, important treatment of the players in a key policy space. * Law and Politics Book Review *Table of ContentsIntroduction Part One:National Security, the Rise of Presidential Power, the Rule of Law, and the Development of Constitutional Boundaries on Political Necessity and the War Power Chapter 1: The Rise of Presidential Authority in Times of National Crisis Chapter 2: The Supreme Court and Presidential Authority in Times of National Crisis Communism, Red Scares, National Security, Free Speech, and the Supreme Court Chapter 3: World Wars, the Red Scare, and Free Speech I: World War One, the First Red Scare (1917-1920), and Free Speech Chapter 4: World Wars, the Red Scare, and Free Speech II: World War Two, the Second Red Scare (1947-1957), Free Speech, and the Loyalty Oath Cases Case Studies in Presidential Power and the Judiciary Chapter 5: Mr. Roosevelt and His Camps Chapter 6: President Truman and His Steel Part Two: September 11, 2001, Terrorism, and the Vindication of the Rule of Law Chapter 7: September 11th, the War on Terrorism, and the Judiciary Chapter 8: Enemy Combatants: Is the President's Designation Enough? Chapter 9: Captured Terrorists: Guantanamo Bay, Military Commissions, and Habeas Corpus Appendix to Chapter 9 Rasul et al v. Bush Hamden v. Rumsfeld Boumediene v. Bush Chapter 10: The Rule of Law and the Judiciary in Times of Crisis Chapter 11: A Summary of Cases
£52.20
University Press of America Moral Desert A Critique
Book SynopsisIn this book, the author critically explores the idea that we deserve to be praised or rewarded for good behavior and blamed or punished when we act badly, which seems central to everyone's moral deliberation and practices. Simmons considers the implications of his views for distributive justice and personal morality.Trade ReviewThe saying, "To understand all is to forgive all," is convincingly borne out by Howard Simmons' lucid critique of notions of moral desert . . . This is a splendid book for sharpening philosophical instincts about desert and blame, guilt and justice. -- Evan Simpson, Honorary Research Professor in the Department of Philosophy, Memorial University of NewfoundlandTable of ContentsPart 1 Preface Part 2 1. Quandaries of Desert Chapter 3 1.1 Gary Hart and the Selby Rail Disaster Chapter 4 1.2 Internalism versus externalism Chapter 5 1.3 Further development of internalism Chapter 6 1.4 Further problems with desert Chapter 7 1.5 Positive desert Part 8 2. The Implications of Determinism Chapter 9 2.1 Determinism, 'hard' and 'soft' Chapter 10 2.2 Frankfurst cases Chapter 11 2.3 Libertarianism Chapter 12 2.4 Determinism and morality Chapter 14 Notes Part 14 3. Retributivism Chapter 15 3.1 Introduction Chapter 16 3.2 Retributivism: a first look Chapter 17 3.3 Peter French and vengence theory Chapter 18 3.4 Corlett's account: exposition Chapter 19 3.5 Corlett's account: critique Chapter 20 3.6 Negative Retributivism and some thought experiments Chapter 22 Notes Part 22 4. A Utilitarian Approach to Punishment Chapter 23 4.1 Utilitarianism in general Chapter 24 4.2 The basic utilitarian arguments Chapter 25 4.3 Objections to utilitarian punishment and responses Chapter 26 4.4 A return to desert? Chapter 28 Notes Part 28 5. Utilitarian Punishment in Detail Chapter 29 5.1 Guiding principles Chapter 30 5.2 The S-score algorithm Chapter 31 5.3 From S-scores to actual sentences Chapter 32 5.4 Case studies for the application of the algorithm Chapter 33 5.5 Exculpation Chapter 34 5.6 State Punishment within the family Chapter 35 5.7 Punishment within the family Part 37 6. Effort and Distributive Justice Chapter 37 Notes Chapter 38 6.1 Introduction Chapter 39 6.2 Sher versus Rawls Chapter 40 6.3 Distributive justice Chapter 42 Notes Part 42 7. Morality and Blame Chapter 43 7.1 Hostility to wrongdoers Chapter 44 7.2 Sher on blame Part 46 8. Conclusion: Desert Skeptics in a vengeful world Chapter 46 Notes Chapter 47 Notes Part 48 Appendix Part 49 References Part 50 Index
£31.50
University of British Columbia Press Governing from the Bench
Book SynopsisDespite the Supreme Court of Canada's crucial role in the country's legal system, many Canadians are in the dark about the inner workings of this institution. In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, former law clerks, and other staff members of the court to shed light on the institution's internal environment and decision-making processes. Challenging dominant theoretical and methodological approaches that fail to examine individual or structural forces that affect the court's decisions, he explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices' behaviour; and situates the court in its wider governmental and societal context. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.Trade ReviewMacfarlane describes the aim of his book as being to “open the black box”; suffice it to say that he has done so masterfully by synthesizing earlier research and supplementing it with his own extensive work. He has produced not a meditation on how Supreme Court judging should work, but an empirical examination of how it does work, with important contributions from the point of view of the participants themselves ... Governing from the Bench is a gem of a book for anyone seeking to understand how power is exercised by the judiciary — an audience that should include everyone. -- Bob Tarantino * Literary Review of Canada, January-February 2014 *Macfarlane has made an original foray into the intricacies of Supreme Court decision making. Governing from the Bench has gone to considerable lengths towards opening the Supreme Court’s “black box,” and in doing so has brought historical institutionalism into the mainstream of the study of Canadian law and politics. I highly recommend it. -- Dave Snow, University of Calgary * Canadian Journal of Political Science *Table of ContentsIntroduction1 Studying Judicial Behaviour2 The Evolution of the Court and Its Justices3 Setting the Stage: Exploring Court Processes Leading to Decisions4 The Decision: Collegiality, Conflict, and Consensus5 A Question of Competence: Examining Judicial Policy Making6 The Court in Government and Society: Dialogue, Public Opinion, and the MediaConclusionNotesBibliographyIndex
£69.70
University of British Columbia Press By the Court
Book SynopsisAny court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a By the Court format. The abandonment of the common law tradition of attributing decisions to individual judges in favour of an anonymous and unanimous approach is unique among Western democracies. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Some significant examples include the Secession of Quebec reference and the Carter decision on assisted suicide. Peter McCormick and Marc Zanoni also ask where and why the idea emerged and whether it signals a genuinely collegial authorship or simply masks the dominance of the Chief Justice. Ultimately, By the Court explores the purposes and potential future of By the Court, framing this practice as the most dramatic form of a modern style that highlights the institution and downplays indiviTrade ReviewThis is an appealing book, and I recommend it to members of the Canadian Association of Law Libraries. Anyone with an interest in the history of the Supreme Court of Canada, their judgments, and the judgment writing process will enjoy this book. -- Ann Marie Melvie, Law Librarian * Canadian Law Library Review *Table of ContentsPart 1: Introduction1 What are By the Court decisions?2 The Supreme Court of Canada Takes to the Constitutional Stage3 Why Decision Presentation Formats MatterPart 2: The Road to By the Court Decisions4 Originality: Nothing to Copy5 Uniqueness: A Global Common Law Survey6 Early History: The “Minor Tradition”7 Emergence: The Birth of the “Grand Tradition”Part 3: The Modern By the Court Decisions8 Inventory and Chronology of Decisions9 A Typology of Decisions10 Why These Cases?Part 4: Conclusion11 The Meaning and the Future of the By the Court FormatNotes; Bibliography; Index
£25.19
MP-VIR Uni of Virginia Answering the Call of the Court How Justices and
Book SynopsisThe US Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. This book demonstrates that the agenda-setting process begins long before justices choose which cases they will hear.Trade ReviewBaird provides a systematic empirical basis for the influence of the justices' policy preferences on the Supreme Court's agenda, and attempts to specify the causal mechanism by which the justices' policy preferences are converted into cases that appear on the Court's agenda. She uses both statistical and qualitative analyses to persuade her readers of the critical role that policy entrepreneurs play in the agenda-setting process. - Law and Politics Book Review
£27.15
New York University Press Evolution of the Judicial Opinion Institutional
Book SynopsisExamines how judges' opinions have been presented from early American Republic onwards. Tracing the history of judicial opinion to its roots in English common law, this work concludes that a shift from an authoritative to a more personal and exploratory individual style of writing opinions is consistent with a more democratic judicial institution.Trade Review"Evolution of the Judicial Opinion contains a wealth of historical information and empirically-based argument that provides the reader with a thorough discussion of how the contemporary approach to judicial opinion writing has developed. It will prove to be an indispensable reference" * Law and Politics book review *"This work constitutes a perspicacious guide to recovering the vitality and importance of judicial opinions, and it offers recommendations forthe proper mission of judges within a changing legal culture. . . . Recommended." * Choice *"There is no better book for conveying the hidden literary value in the judicial opinion of our time." -- Robert A. Ferguson,author of The Trial in American LifeTable of ContentsIntroduction 1 The English Tradition and Its Evolution 2 The United States Founding: Creation of a Judicial Institution 3 Institutional Style in the 19th Century: U.S. Supreme Court 4 Institutional Style in the 19th Century: States 5 Contemporary United States Practice: Institutional Style 6 Contemporary United States Practice: Individual Style Postscript Appendices Notes Index About the Author
£47.50
Rowman & Littlefield Publishers Courts and Congress
Book Synopsis
£18.04
University of Alabama Press Overturned
Book Synopsis
£79.90
Oneworld Publications Vengeance
Book SynopsisThrilling, gritty sequel to TheTimes bestselling novel and Waterstones Thriller of The Month
£9.49
Edward Elgar Research Handbook on Judicial Politics
Book SynopsisThis timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.
£213.75
Edward Elgar Revisiting Judicial Politics in the European
Book Synopsis
£128.25
Taylor & Francis Ltd International Courts and the African Woman Judge
Book SynopsisA sequel to Bauer and Dawuni''s pioneering study on gender and the judiciary in Africa (Routledge, 2016), International Courts and the African Woman Judge examines questions on gender diversity, representative benches, and international courts by focusing on women judges from the continent of Africa.Drawing from postcolonial feminism, feminist institutionalism, feminist legal theory, and legal narratives, this book provides fresh and detailed narratives of seven women judges that challenge existing discourse on gender diversity in international courts. It answers important questions about how the politics of judicial appointments, gender, geographic location, class, and professional capital combine to shape the lives of women judges who sit on international courts and argues the need to disaggregate gender diversity with a view to understanding intra-group differences.International Courts and the African Woman Judge will be of interest to a variety of audTrade Review'The voices of African women judges have rarely been given space in judicial scholarship. These rich narratives therefore provide a welcome and overdue corrective. Weaving together the personal and the political, their accounts remind us just how much African women judges have achieved in the international judiciary and yet how far there is still to go in securing gender equality. By adopting a conscious intersectional lens and drawing out the differences between the judges as well as their shared experiences, the book also provides a valuable counter to the dangers of essentialism. Through the stories of these remarkable women who achieved so many ‘firsts’ in their field, we also learn something of the wider stories of pioneering women generally, and African women in particular, who have fought to take their place in the international and domestic courts and who provide such powerful role models for the next generation of women judges.' - Kate Malleson, Professor of Law, Queen Mary University of London'Dawuni and Kuenyehia’s immensely important book unpacks the diversity of women who sit on the bench of international courts and tribunals. The book disaggregates "gender" on judicial benches and invites readers and scholars to pay attention to intra-group differences and consider the multiple identities that the African woman judge navigates in the particular field of international courts. The book accomplishes this sensitive task by giving voice to these female Black/African women themselves, powerfully gathering and analyzing narratives of the legal and personal journeys that they have traveled. This book is to be very strongly recommended not only to all those interested in gender and judging, but to all scholars and actors committed to critical readings of international law, institutions and courts.' - Stéphanie Hennette-Vauchez, Professor of Public Law, Paris Nanterre UniversityTable of ContentsForeword [Hon. Gabrielle Kirk McDonald] 1. Introduction: Challenging Gender Universalism and Unveiling the Silenced Narratives of the African Woman Judge [Josephine Jarpa Dawuni] 2. Women Judges in International Courts and Tribunals –The Quest for Equal Opportunities [Justice Florence Ndepele Mwachande Mumba] 3. Julia Sebutinde: An Unbreakable Cloth [Nienke Grossman] 4. Akua Kuenyehia: Leaving a Mark Along the Journey for Human Rights [Josephine Jarpa Dawuni] 5. Fatoumata Dembélé Diarra: Trajectory of A Malian Magistrate and Civil Society Advocate to The International Criminal Court [Sara Dezalay] 6. Sophia Akuffo: Balancing the Equities [Kuukuwa Andam and Sena Dei-Tutu] 7. Justina Kelello Mafoso- Guni: The Gendering of Judicial Appointment Processes in African Courts [Rachel Ellett] 8. Elsie Nwanwuri Thompson: The Trajectory of a Noble Passion [Rebecca Emiene Badejogbin] 9. Conclusion: International Courts and The African Woman Judge: Unlocking Doors, Leaving A Legacy [Josephine Jarpa Dawuni and Akua Kuenyehia]
£128.25
Cambridge University Press The DNA of Constitutional Justice in Latin
Book SynopsisThis book traces the development of constitutional courts in Latin America, and develops concepts such as judicial autonomy and authority. It aims to understand the design of judicial institutions and combines qualitative and quantitative evidence to explore the basic purpose of constitutional justice.Trade Review'For some thirty years now, constitutional politics in general and, more specifically, the performance of higher courts, have become topics of primary public importance in Latin America. In spite of this, however, until now we did not have a critical and systematic study of these issues. Daniel M. Brinks and Abby Blass's book not only fills this void, but it does so on the basis of magnificent empirical work, and offering theoretical reflections on the subject that place this work in the vanguard of existing analyses of constitutional politics.' Roberto Gargarella, Universidad Torcuato Di Tella, Buenos Aires'Daniel M. Brinks is one of the world's leading scholars of judicial politics in the Global South. In The DNA of Constitutional Justice in Latin America, he and Abby Blass offer an innovative and compelling account of the origins of different models of constitutional justice in Latin America since the 1970s. They explain why some justice systems are much more autonomous in relation to the executive than others, and why some have constitutionalized a much wider range of issues than others. The DNA of Constitutional Justice in Latin America offers important conceptual, theoretical, and empirical contributions.' Scott Mainwaring, Jorge Paulo Lemann Professor for Brazil Studies, Harvard Kennedy School of Government'The increasing political importance of courts and constitutional justice, raises urgent questions about the nature of judicial power. Brinks and Blass offer fresh insights by skilfully combining legal analysis with institutional theory and political economy perspectives on constitution-making - literatures that otherwise rarely speak. They show why we need to pay careful attention to 'the DNA of constitutional governance' - the institutional design inscribed in the constitutional text, that establishes the judges' autonomy and scope of authority - and to the power dynamics and motives that gave rise to these provisions and the coalitions that sustain them. With a rare combination of conceptual innovation, theoretical sophistication, rigorous quantitative analysis, and fine-grained case studies, the book is highly relevant for all scholars and students interested in constitutional governance. It is invaluable for anyone who care about constitutional politics and governance in Latin America - and is a model for similar studies elsewhere.' Siri Gloppen, Universitetet i Bergen, Norway and Research Director, Chr. Michelsen Institute (CMI), Norway Table of Contents1. Constitutional justice in the Americas at the turn of the Millennium; 2. Judicial power and the design of constitutional justice; 3. The political origins of powerful constitutional courts: constitutional governance and the politics of judicial design; 4. Identifying the political origins of constitutional justice through quantitative analysis; 5. Guatemala (1985): building constitutional justice in the shadow of Civil War; 6. Argentina (1994): negotiating a plural space of constitutional justice; 7. Bolivia (2009): governance logic in the new constitutionalism; 8. Conclusion: the politics of constitutional justice; Appendix A. Judicial power: concepts and measures.
£31.37
Johns Hopkins University Press Control of the Laws in the Ancient Democracy at
Book SynopsisThe definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decreecalled judicial reviewis a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judiciaTrade ReviewThe book has been nicely produced by JHU Press, and, at its best, has the merit of drawing our attention to major issues of constitutional law and the history of institutions as the basic contexts to understanding the political culture of Athenian democracy. —Alberto Esu, University of Mannheim, Bryn Mawr Classical ReviewTable of ContentsAbbreviations and Conventions Introduction: The People and the Law—Demos and NomosPart I. Legislative Procedure and Court ControlChapter 1. Making Law and Mending the ConstitutionChapter 2. Judges and LawmakersChapter 3. "Unlawful Acts" (Paranoma) and the Case of the Arginousai GeneralsPart II. The Constitutional WindowChapter 4. Privileged Characters: Aristokrates' Shield for CharidemosChapter 5. Outrage: The Case against AndrotionChapter 6. Overthrowing the Court: The Case against Timokrates' Surety LawChapter 7. Breaking the Bargain: The Case against Leptines' LawPart III. The Crown Case and Its AntecedentsChapter 8. The Aftermath of ChaironeiaChapter 9. The Crown Case Comes to TrialConclusion: Law's MeasureNotesBibliographyIndex
£42.75
McFarland & Co Inc Western Water Rights and the U.S. Supreme Court
Book Synopsis Exploring the little-known history behind the legal doctrine of prior appropriation--first in time is first in right--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state''s favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, caseTable of ContentsPrologue: Of Water, Men and the LawPart I. The Times 1. The Nation Moves West (1830–1880) 2. Herbert Spencer and Social Darwinism (1859–1938) 3. Economic Fortunes and Misfortunes (1860–1875) 4. The Prior Appropriation Doctrine (1840s–Present) 5. Equitable Apportionment (1902–Present) 6. Interstate Compacts (1922–Present)Part II. The ManWillis the Lawyer (1812–1894) 7. Young Willis Van Devanter 8. Cincinnatus (1833–1885) 9. Watching the Court (1870s, 1880s)10. Willis Goes West (1883)11. The Warren Machine (1884–1890)12. Willis and the "Johnson County War" (1890–1892)13. Banditti of the Plains (1893–1896)Willis the Politician/Bureaucrat14. Willis' Wyoming Politics Go National (1892–1896)15. Cleveland's Second Chance, Senator Warren and the McKinley Administration (1895–1897)16. Assistant Attorney General Van Devanter (1897–1903)Willis the Judge17. Van Devanter's Eighth Circuit Decisions (1903–1911)18. Reasonable Rail Rates, the Sherman Act (1890–1911)19. The Supreme Court Turns White (1908–1911)20. The Sherman Act at the Supreme Court21. "Good Fellows" Willis and William (1921–1922)Part III. The Laramie River Litigation22. Wyoming v. Colorado (1903–1913)23. Who Controls the Water? (1902–1917)24. Development Under the Reclamation Act and Return to Court (1905–1922)25. Judicial Harmony (1922)26. Natural Resource or Interstate Commerce? (1921–1923)27. Van Devanter's Surreptitious Composition of the Opinion and Decree (1922)28. Wyoming v. Colorado, Final Opinion Published (1922)29. Where Was the Balance of the Court on June 5, 1922? (1922)30. The Decree and Holding of Wyoming v. ColoradoPart IV. Implications for Water Law31. What of the Merits of Wyoming v. Colorado?32. What of the Effect of the Decision in Wyoming v. Colorado?33. The Case for RecusalPart V. Willis Van Devanter's Justice34. Van Devanter's Indian Cases (1897–1921)35. Van Devanter's Income Tax Cases (1920–1925)36. The Four Horsemen37. The Measure of a Justice38. FinisEpilogue: That Was Then, This Is NowChapter NotesBibliographyIndex
£32.39
Lexington Books Decision Making and Controversies in State
Book SynopsisForegrounding religious, racialized and gendered disputes, Decision Making and Controversies in State Supreme Courts examines state supreme court decision making during controversies. Using case studies within Alabama, Louisiana, and Wisconsin, Salmon Shomade identifies and analyses the predominant factors influencing decision making in times of court contention. In this book, Shomade assesses how the justices' interpersonal dynamics and controversial issues of religion, race, and gender impact their decision making. Specifically, the book focuses on former Alabama Chief Justice Roy Moore and the Ten Commandments monument crisis, Louisiana Chief Justice Bernette Johnson and her elevation dispute, and former Wisconsin Justice David Prosser and his conflicts with two female colleagues. The book contributes to the literature on decision making in state appellate courts by building upon established models utilized for assessing these courts.Trade ReviewIn this book Salmon Shomade probes three extraordinary episodes in state supreme courts, analyzing their impact on those courts and their implications for explanation of judicial behavior. Taking a careful and creative approach, Shomade provides valuable insights on decision making in appellate courts. -- Lawrence Baum, The Ohio State University"Like Martin Shapiro before him, Shomade convincingly argues that political scientists must broaden their focus beyond the U.S. Supreme Court and include state courts if we truly want to understand courts as political institutions and test dominant models. Other scholars have studied increasingly contested judicial races as a facet of political realignment, but Shomade takes the inquiry deeper to the institution itself, exposing the significant racial and gender dimensions of political and interpersonal conflict, offering a rare intersectional approach to law and courts." - Sally Kenney, Tulane University -- Sally Kenney, Tulane UniversityTable of ContentsPrefaceIntroductionAcknowledgmentsChapter 1: Decision Making in the U.S Supreme Court and State Supreme CourtsChapter 2: Chief Justice Roy Moore and the Alabama Supreme Court 2001–2003Chapter 3: Elevating Chief Justice Bernette Johnson in LouisianaChapter 4: Verbal and Physical Assaults in Wisconsin Supreme CourtChapter 5: Controversies, State Court Judges and Decision MakingBibliography
£27.00
Stanford University Press Free to Judge: The Power of Campaign Money in
Book SynopsisThe idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Pairing this with interviews of past and present judges, they create a compelling and persuasive account of people like Marsha Ternus, the first Iowa state supreme court justice to be voted out of office after her decision in a same-sex marriage case. The threat of such an outcome, and the desire to win reelection, results in judges demonstrably leaning towards the interests and preferences of their campaign donors across all cases. Free to Judge is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on. This thoughtful and compellingly written book will be required reading for anybody who cares about creating a more just legal system. Trade Review"State judiciaries receive short shrift in much of legal education and scholarship, which is a great pity given how important and interesting they are. In this wonderful and path breaking new book, two of the most creative and clear thinkers about courts apply their considerable theoretical and empirical skills to study the impact of money on state judicial elections. This book is going to change the way many of us think and teach about the judiciary."—Mitu Gulati, University of Virginia"Professors Shepherd and Kang thoughtfully address an issue toxic to our democracy: the influence of campaign money in state judicial elections. As their research shows, this money pushes judges away from the rule of law and makes judges pawns of their donors. Fortunately, Shepherd and Kang also suggest a feasible and effective reform."—Marsha Ternus, former chief justice Iowa Supreme Court"An original approach to an important topic, this book is written in an engaging and accessibly way. The unique empirical analysis allows the authors to make a compelling case about the effects of campaign finance on judicial behavior."—Erwin Chemerinsky, author of Worse Than Nothing: The Dangerous Fallacy of Originalism"Ingeniously blending data science and legal analysis, this is an innovative and accessible program for justice system reform."—Publishers Weekly starred reviewTable of Contents1. The Modern Era of Big Money Judicial Elections 2. The Rise of Judicial Elections: How We Got Where We Are 3. The Crocodile in the Bathtub: How Elections and Money Influence Judges 4. Why Money Matters 5. How to Fix Judicial Elections and Campaign Finance
£21.59
Bristol University Press Enemies of the People?: How Judges Shape Society
Book SynopsisDo judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views? When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people. But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just 'a blank piece of paper'. Joshua Rozenberg, Britain's best-known commentator on the law, asks how the judges can maintain public confidence while making hard choices.Trade Review"A brilliant, readable and timely survey of a topic of central importance in our troubled times. Joshua Rozenberg has produced a gripping account, including very recent material." Dinah Rose, QC, Blackstone Chambers "A very readable and engaging book which I'd certainly recommend to students as part of their introduction to common law. It uses high-profile cases to demonstrate how cautiously the judges proceed." Professor Dame Hazel Genn DBE QC (hon), University College London "Never before have our judges been under greater scrutiny. But what they do and how they do it remains mysterious to many. There is an urgency to the themes tackled in this book. It is a must-read for anyone interested in the future of this vital branch of government." Catherine Dobson, St Edmund's College, Cambridge "This is a book for lawyers, journalists, students and the concerned citizen. There is no more trusted and knowledgeable commentator than Joshua Rozenberg to hold up a mirror to the judges and to the public wherein each sees the other." Baroness Ruth Deech, DBE QC (hon) "This urgent and timely book is essential reading for anyone concerned with the future of our democracy and the proper role of the legal system within it. Through deft analysis of recent case law, Rozenberg comprehensively de-bunks the pernicious myth of an activist judiciary whose actions improperly impinge on the exercise of executive power." Dr Natalie Byrom, The Legal Education Foundation "Joshua Rozenberg's views are clear throughout this engaging study of the role of the judiciary in contemporary Britain. At times he seems positively prescient. We need this sort of contribution to our current and frenzied debates." Sara Nathan OBE, former Judicial Appointments Commissioner "An informed and entertaining account of the role of our judges in deciding sensitive cases by our pre-eminent legal commentator." Lord Pannick QC, Blackstone Chambers "A highly readable, hard-hitting and perceptive defence of our judges against the accusation that they are too activist. It should be read by anyone interested in this important constitutional question." Rt Hon Lord Dyson, former judgeTable of Contents1 New Readers Start Here; 2 The Miller Tale; 3 Creating Crimes; 4 Families and the Law; 5 The Right to Death; 6 Discerning and Discriminating; 7 Rites and Rights; 8 Privacy and the Press; 9 Access to Justice; 10 Friends, Actually
£14.24
Basic Books The Shadow Docket: How the Supreme Court Uses
Book SynopsisAn instant NewYorkTimes bestseller:An acclaimed legal scholar?s ?important? (New York Times) and ?fascinating? (Economist) exposé of how the Supreme Court uses unsigned and unexplained orders to change the law behind closed doors. The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes ?shadow docket,? regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers?and citizens?scrambling. The Court?s conservative majority has used the shadow docket to green-light restrictive voting laws and bans on abortion, and to curtail immigration and COVID vaccine mandates. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck. In this rigorous yet accessible book, he issues an urgent call to bring the Court back into the light.
£27.00
Basic Books The Shadow Docket
Book Synopsis
£15.99
Paul Dry Books Same-Sex Marriage and American Constitutionalism:
Book Synopsis
£18.95
Baylor University Press Judging Judges: Values and the Rule of Law
Book SynopsisThe "rule of law" stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences. Because following the rule of law absolutely is impossible, it is dismissed by the public as a myth and judges are vilified. Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whitehead's unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of societyâjudges, politicians, scholars, and ordinary citizens alike. Judging Judges ' attention to judicial values establishes judges' true worth in a liberal democracy.Trade Review"Whiteheads Judging Judges brings together those testy siblings, law and politics, in an insightful treatment of the core issues in law. It is passionate and careful, learned and savvy, and often very clever. Judging Judges is an accessible treatment of legal thinking that puts real people in the jurisprudential equation along with judges and lawyers." -- John Brigham, Professor, Political Science, University of Massachusetts, Amherst"Whitehead uses extensive interviews with appellate judges to delineate the ways that judges think about their task of interpreting the law. In doing so, he provides us with new insights and valuable evidence about the role of legal considerations in judicial decision-making." -- Lawrence Baum, Professor Emeritus of Political Science, Ohio State University"Jason Whitehead offers a nuanced analysis of the constraints that are imposed by the judicial role and the relatively limited range of choices that are open to judges when they interpret the law. This book is a tour de force and a model of scholarship. It can be read profitably by judges, legal theorists, and political scientists, indeed by anyone who is intrigued by the complexity hidden in the seemingly simple question, 'What does it mean to apply rules?'" -- Malcolm M Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at BerkeleyThis is a must read book for those interested in the normative dimensions of the rule of law as well as those who wish to move beyond the stale debates between 'attitudinalists' and 'legalists' in the study of judicial behavior. -- Cornell W. Clayton -- Law & Society ReviewA well-honed exploration of a thorny and complex issue marked by rigor in analysis. -- Justice Gilles Renaud -- Canadian Law Library ReviewWhitehead seeks to better define how judges sustain the rule of law, and to counter the suspicion that the only distinction between good and bad judging is the preference for a particular outcome...His discussion of judicial values would be a good supplement in undergraduate courses on judicial process, constitutional law, or legal reasoning. -- Keith J. Bybee -- Law and Politics Book ReviewHighly interesting work -- ChoiceTable of ContentsIntroduction: The Battle Over Judges and the Rule of Law 1. Values and the Rule of Law from the Inside Out 2. Judges and Formalist Values 3. Judges and Good-Faith Values 4. Judges and Cynical Values 5. Judges and Rogue Values Conclusion: Changing How We Judge the Judges
£46.95
