Legal systems: judges and judicial powers Books

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 *

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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

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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.

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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 *

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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.

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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

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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)"

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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)"

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Book SynopsisThrilling, gritty sequel to TheTimes bestselling novel and Waterstones Thriller of The Month

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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.

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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]

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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.

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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

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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

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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

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Book SynopsisFrom 1983 to 1987, author Mark Dunn worked as a court clerk for a justice of the peace in Travis County, Texas, where, he says, “I learned more about human nature . . . than I could have learned in any other job I might have taken up as a bushy-tailed kid from Tennessee.” Based on interviews with 200 justices of the peace from all parts of Texas, Texas People’s Court promises to take readers on a tour of what it means to be a Texas justice of the peace: an experience that is by turns hilarious, sobering, heart-wrenching, and, from one end to the other, fascinating.Here in the Texas justice court, wrongs can be righted and lives changed in profound ways. A priceless family necklace might finally be restored to the rightful owner; an occupational driver’s license fortuitously granted. A death inquest may become an opportunity for family reflection and valediction, with the attending judge as sympathetic witness.In each of its chapters, Texas People’s Court takes up a different aspect, duty, or area of thought related to the profession of justice of the peace taken from conversations with JPs throughout the state of Texas—from those who serve in its most populous municipalities to rural county JPs—putting a human face on the responsibilities, attitudes, and perspectives that motivate their judgments. The result is a thoroughly entertaining, sympathetic view of what Dunn calls “the day-to-day observation of human conflict in microcosm.”

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Book SynopsisTable of Contents Introduction to October Term 2020 LI> Antitrust and college sports Bankruptcy law Civil rights litigation Criminal law and procedure Federal court jurisdiction First Amendment: Free Exercise of Religion First Amendment: Freedom of Speech Immigration law Indian Law Intellectual property Personal jurisdiction Separation of powers The Takings Clause Voting rights Conclusion: Looking ahead

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Book SynopsisThis review of the Supreme Court's October 2021 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic.Table of ContentsTable of Contents:Preface Introduction to October Term 2021 Abortion Administrative Law Civil Rights Litigation Criminal Law and Procedure Election Law Federal Court Jurisdiction First Amendment: Freedom of Speech First Amendment: Religion Immigration Law Indian Law Second Amendment State Secrets Conclusion: Looking Ahead Index

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Book SynopsisIn this book, Peter J. Wallison argues that the administrative agencies of the executive branch have gradually taken over the legislative role of Congress, resulting in what many call the administrative state. The judiciary bears the major responsibility for this development because it has failed to carry out its primary constitutional responsibility: to enforce the constitutional separation of powers by ensuring that the elected branches of government—the legislative and the executive—remain independent and separate from one another. Since 1937, and especially with the Chevron deference adopted by the Supreme Court in 1984, the judiciary has abandoned this role. It has allowed Congress to delegate lawmaking authorities to the administrative agencies of the executive branch and given these agencies great latitude in interpreting their statutory authorities. Unelected officials of the administrative state have thus been enabled to make decisions for the American people that, in a democracy, should only be made by Congress. The consequences have been grave: unnecessary regulation has imposed major costs on the U.S. economy, the constitutional separation of powers has been compromised, and unabated agency rulemaking has created a significant threat that Americans will one day question the legitimacy of their own government. To address these concerns, Wallison argues that the courts must return to the role the Framers expected them to fulfill.

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Book SynopsisThis excellent research review contains the very best studies that take an economic approach to the study of judicial behaviour. The authors hail from the disciplines of business, economics, history, law, and political science, and the topics they cover are equally varied. Subjects include the judges' motivations, judicial independence, precedent, judging on collegial courts and in the hierarchy of justice and the relationship between judges and the other government actors.Table of ContentsContents: Volume I Acknowledgements Introduction Lee Epstein PART I THE JUDGE: MOTIVATIONS, CAREERS AND PERFORMANCE 1. Richard A. Posner (1993), ‘What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)’ 2. Christopher R. Drahozal (1998), ‘Judicial Incentives and the Appeals Process’ 3. J. Mark Ramseyer and Eric B. Rasmusen (2001), ‘Why Are Japanese Judges So Conservative in Politically Charged Cases?’ 4. Mark A. Cohen (1991), ‘Explaining Judicial Behavior or What's “Unconstitutional” about the Sentencing Commission?’ 5. Daniel Klerman (1999), ‘Nonpromotion and Judicial Independence’ 6. Stephen J. Choi, G. Mitu Gulati and Eric A. Posner (2009), ‘Are Judges Overpaid?: A Skeptical Response to the Judicial Salary Debate’ 7. Thomas J. Miceli and Metin M. Coşgel (1994), ‘Reputation and Judicial Decision-Making’ 8. Hon. Richard A. Posner (2005), ‘Judicial Behavior and Performance: An Economic Approach’ 9. William M. Landes, Lawrence Lessig and Michael E. Solimine (1998), ‘Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges’ 10. Gilat Levy (2005), ‘Careerist Judges and the Appeals Process’ 11. James F. Spriggs, II and Paul J. Wahlbeck (1995), ‘Calling It Quits: Strategic Retirement on the Federal Courts of Appeals, 1893–1991’ PART II JUDICIAL INDEPENDENCE AND DEPENDENCE 12. Rafael La Porta, Florencio López-de-Silanes, Cristian Pop-Eleches and Andrei Shleifer (2004), ‘Judicial Checks and Balances’ 13. Daniel M. Klerman and Paul G. Mahoney (2005), ‘The Value of Judicial Independence: Evidence from Eighteenth Century England’ 14. William M. Landes and Richard A. Posner (1975), ‘The Independent Judiciary in an Interest-Group Perspective’ 15. John Ferejohn (1999), ‘Independent Judges, Dependent Judiciary: Explaining Judicial Independence’ 16. Melinda Gann Hall (1992), ‘Electoral Politics and Strategic Voting in State Supreme Courts’ 17. Alexander Tabarrok and Eric Helland (1999), ‘Court Politics: The Political Economy of Tort Awards’ 18. Gregory A. Huber and Sanford C. Gordon (2004), ‘Accountability and Coercion: Is Justice Blind when It Runs for Office?’ PART III OPINIONS AND PRECEDENT 19. Jeffrey K. Staton and Georg Vanberg (2008) ‘The Value of Vagueness: Delegation, Defiance, and Judicial Opinions’ 20. Michael Abramowicz and Emerson H. Tiller (2009), ‘Citation to Legislative History: Empirical Evidence on Positive Political and Contextual Theories of Judicial Decision Making’ 21. William M. Landes and Richard A. Posner (1980), ‘Legal Change, Judicial Behavior, and the Diversity Jurisdiction’ 22. Lee Epstein, William M. Landes and Richard A. Posner (2011), ‘Why (and When) Judges Dissent: A Theoretical and Empirical Analysis’ 23. Virginia A. Hettinger, Stefanie A. Lindquist and Wendy L. Martinek (2004), ‘Comparing Attitudinal and Strategic Accounts of Dissenting Behavior on the U.S. Courts of Appeals’ 24. Eric Rasmusen (1994), ‘Judicial Legitimacy as a Repeated Game’ 25. William M. Landes and Richard A. Posner (1976), ‘Legal Precedent: A Theoretical and Empirical Analysis’ 26. Lewis A. Kornhauser (1992), ‘Modeling Collegial Courts I: Path-Dependence’ 27. Jeffrey A. Segal and Harold J. Spaeth (1996), ‘The Influence of Stare Decisis on the Votes of United States Supreme Court Justices’ 28. Jack Knight and Lee Epstein (1996), ‘The Norm of Stare Decisis’ 29. Lewis A. Kornhauser (1995), ‘Adjudication by a Resource-Constrained Team: Hierarchy and Precedent in a Judicial System’ 30. Ethan Bueno de Mesquita and Matthew Stephenson (2002), ‘Informative Precedent and Intrajudicial Communication’ 31. Vincy Fon and Francesco Parisi (2006), ‘Judicial Precedents in Civil Law Systems: A Dynamic Analysis’ 32. McNollgast (1995), ‘Politics and the Courts: A Positive Theory of Judicial Doctrine and the Rule of Law’ 33. Nicola Gennaioli and Andrei Shleifer (2007), ‘Overruling and the Instability of Law’ Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART IV COLLEGIAL COURTS 1. Gregory A. Caldeira, John R. Wright and Christopher J.W. Zorn (1999), ‘Sophisticated Voting and Gate-Keeping in the Supreme Court’ 2. David W. Rohde (1972), ‘Policy Goals, Strategic Choice and Majority Opinion Assignments in the U.S. Supreme Court’ 3. Jeffrey R. Lax and Charles M. Cameron (2007), ‘Bargaining and Opinion Assignment on the US Supreme Court’ 4. Paul J. Wahlbeck, James F. Spriggs and Forrest Maltzman (1998), ‘Marshalling the Court: Bargaining and Accommodation on the United States Supreme Court’ 5. Chris W. Bonneau, Thomas H. Hammond, Forrest Maltzman and Paul J. Wahlbeck (2007), ‘Agenda Control, the Median Justice, and the Majority Opinion on the U.S. Supreme Court’ 6. Jeffrey R. Lax (2007), ‘Constructing Legal Rules on Appellate Courts’ 7. Frank H. Easterbrook (1982), ‘Ways of Criticizing the Court’ 8. Lewis A. Kornhauser and Lawrence G. Sager (1986), ‘Unpacking the Court’ 9. Robert Anderson IV and Alexander M. Tahk (2007), ‘Institutions and Equilibrium in the United States Supreme Court’ 10. Frank B. Cross and Emerson H. Tiller (1998), ‘Judicial Partisanship and Obedience to Legal Doctrine: Whistleblowing on the Federal Courts of Appeal’ 11. Sean Farhang and Gregory Wawro (2004), ‘Institutional Dynamics on the U.S. Court of Appeals: Minority Representation under Panel Decision Making’ 12. Jonathan P. Kastellec (2007), ‘Panel Composition and Judicial Compliance on the US Courts of Appeals’ PART V THE HIERARCHY OF JUSTICE 13. Jeffrey R. Lax (2003), ‘Certiorari and Compliance in the Judicial Hierarchy: Discretion, Reputation and the Rule of Four’ 14. Charles M. Cameron, Jeffrey A. Segal and Donald Songer (2000), ‘Strategic Auditing in a Political Hierarchy: An Informational Model of the Supreme Court’s Certiorari Decisions’ 15. Tracey E. George and Michael E. Solimine (2001), ‘Supreme Court Monitoring of the United States Courts of Appeals En Banc’ 16. Tom S. Clark (2009), ‘A Principal-Agent Theory of En Banc Review’ 17. Linda R. Cohen and Matthew L. Spitzer (1994), ‘Solving the Chevron Puzzle’ 18. Matt Spitzer and Eric Talley (2000), ‘Judicial Auditing’ 19. Steven Shavell, (1995), ‘The Appeals Process as a Means of Error Correction’ 20. Chad Westerland, Jeffrey A. Segal, Lee Epstein, Charles M. Cameron and Scott Comparato (2010), ‘Strategic Defiance and Compliance in the U.S. Courts of Appeals’ 21. Walter F. Murphy (1959), ‘Lower Court Checks on Supreme Court Power’ PART VI EXECUTIVE AND LEGISLATURE 22. Rafael Gely and Pablo T. Spiller (1990), ‘A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the “State Farm” and “Grove City Cases”’ 23. William N. Eskridge, Jr. (1991), ‘Overriding Supreme Court Statutory Interpretation Decisions’ 24. John A. Ferejohn and Barry R. Weingast (1992), ‘A Positive Theory of Statutory Interpretation’ 25. Jeffrey A. Segal, Chad Westerland and Stefanie A. Lindquist (2011), ‘Congress, the Supreme Court, and Judicial Review: Testing a Constitutional Separation of Powers Model’ 26. Tom S. Clark (2009), ‘The Separation of Powers, Court Curbing, and Judicial Legitimacy’ 27. Gretchen Helmke (2002), ‘The Logic of Strategic Defection: Court-Executive Relations in Argentina Under Dictatorship and Democracy’ 28. Lee Epstein, Jack Knight and Olga Shvetsova (2001), ‘The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government’ 29. Georg Vanberg (2001), ‘Legislative-Judicial Relations: A Game-Theoretic Approach to Constitutional Review’ 30. James R. Rogers (2001), ‘Information and Judicial Review: A Signaling Game of Legislative-Judicial Interaction’ 31. Joseph L. Smith and Emerson H. Tiller (2002), ‘The Strategy of Judging: Evidence from Administrative Law’ 32. William H. Riker and Barry R. Weingast (1988), ‘Constitutional Regulation of Legislative Choice: The Political Consequences of Judicial Deference to Legislatures’

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Book SynopsisAmerican Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions.The study of America's courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation's justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America's state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts.With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.Trade Review'While no one can deny the broad sweep of US Supreme Court landmarks, if one really wants to understand the justice system in America, and the interrelationship of courts and governance, one cannot overlook state systems. American Judicial Power does a thorough job of explaining the many interactions of state governments with state courts, including especially the allocation of governmental powers between state and local governments. For those seeking to understand state government beyond its superficial parallels to the federal system, American Judicial Power is an essential work.' --Michael A. Wolff, Saint Louis University, School of Law'Justice for most American citizens lives in the corridors and on the websites of state, not federal, courts across the country. This book is a much-needed and extraordinary addition to the scholarship about those courts. State courts are overburdened and underfunded, but as the authors note, they are innovative and exciting as well. Each court is a creature of its own state's history and culture, but ideas and attributes cross state lines regularly. Readers will come away from this book with a far greater understanding of where our state courts have been, and where they are going.' --Rebecca Love Kourlis, IAALS, Institute for the Advancement of the American Legal System'In the preamble to the United States Constitution the country's founders pronounced that their paramount purpose was to 'establish justice'. But how and why those architects of the American justice system adopted a bifurcated federal and state system of courts was obscure until the publication of American Judicial Power. Buenger and De Muniz illustrate for us a blueprint of the amazingly crafted separation of state and federal power, subject matter jurisdiction and appellate review that is the foundation of the world's most transparent and balanced justice system. American Judicial Power leads the reader through the evolution of state and federal judicial authority, judicial selection and balancing of separation of powers not only among the legislative, executive and judicial branches of government but through the preservation of the precarious equilibrium of a democratic republic. Written by two dynamic court leaders, American Judicial Power connects the past with the future.' --Mary Campbell McQueen, President, National Center for State Courts,Table of ContentsContents: 1. Context 2. Key Concepts 3. The Role of State Courts: An Historical Perspective 4. Modern State Judicial Selection in Theory and Practice 5. Modern State Judicial Structures 6. State Constitutions, Legislative Policymaking and State Judicial Power 7. State Courts and Emerging Policy Areas 8. Conclusion Index

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Book SynopsisGranting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become 'abusive' under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by 'dominant' firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level. Employing a range of case studies, this illuminating book adds a cross-country perspective to the ongoing debate surrounding the scope of application of Article 102 of the TFEU; a debate largely caused by its ambiguous wording. Besides analyzing the case law of the EU Courts and EU Commission that determine what conduct falls in the 'abuse' box, a number of chapters examine the active contribution of national courts and competition authorities in the ongoing process of shaping the meaning of this legal provision. Astute and discerning, this book will appeal to academics and researchers in the areas of EU competition law and policy. Its practical examples will also prove beneficial to practitioners and national competition authorities.Contributors include: M. Botta, R. Karova, M. Marquis, G. Monti, P.L. Parcu, P.A. Perinetto, F. Schuhmacher, H. Schweitzer, M. Siragusa, M.L. Stasi, R. WhishTrade Review'An analysis of emerging trends in the application of abuse of dominance provisions is an ambitious endeavour, which the authors of this volume have remarkably achieved. Among the trends identified are an increased focus by courts on the intention to harm competition, new types of abuses and decentralization. These trends shape the authors' analysis of the divergent manners in which Article 102 (and/or national equivalents) are interpreted and applied both at EU and national levels. Including a thorough study of recent national cases, this book's comparative approach will provide relevant insight to the entire competition law world. I strongly endorse this book and congratulate the authors on their successful contributions.' --(Hein Hobbelen, Freshfields Bruckhaus Deringer, Belgium)Table of ContentsContents: Foreword 1. Introduction Pier Luigi Parcu, Giorgio Monti and Marco Botta 2. The role of intent in the assessment of conducts under Article 102 TFEU Pier Luigi Parcu and Maria Luisa Stasi 3. Article 102: Sources of Interpretation Giorgio Monti 4. Article 102 TFEU in the UK: Victims of Abuse Go Directly to Court Richard Whish 5. Standard-essential patents and abusive patent injunctions – the interplay between German courts and the CJEU Heike Schweitzer 6. Finding of dominance in Austria and Germany – What is the proper role of presumptions of dominance? Florian Schuhmacher 7. Italy - New forms of abuse of dominance and abuse of law Mario Siragusa 8. Abuse of dominance in regulated sectors in Italy: recent enforcement trends Patrick Actis Perinetto and Mel Marquis 9. Sanctioning excessive energy prices as abuse of dominance; Are the EU Commission and the National Competition Authorities on the same frequency? Rozeta Karova and Marco Botta Index

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Book SynopsisRegulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Devlin and Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world. This innovative and provocative analysis of the many different ways that judiciaries around the world are regulated covers common law, civil law and other legal systems, and the developed and developing world. Contributors include a diverse talent pool of established scholars and new voices for a globally inclusive comparative examination of judiciaries in Europe, Asia, Africa, the Americas and Australia. The overall conclusion is that the regulation of judges is very much a work in progress, and that a variety of actors bear responsibility for moving the project forward.Scholars in the fields of law, social sciences, regulation theory, and public administration will find Regulating Judges an impactful read, as will regulators, public policy makers and analysts, and judges themselves.Contributors include: D. Aksamovic, G. Appleby, R.W. Campbell, K.-W. Chan, H. Corder, S.M.R. Cravens, T. Dare, R. Devlin, F. Dias Simoes, A. Dodek, M. Fabri, D. Fennelly, G. Gee, R. Goldstone , M.A. Jardim de Santa Cruz Oliveira, F. Klass, S. Le Mire, J.L. Neo, T.G. Puthucherril, A. Trochev, H. Whalen-Bridge, C. Wolf, F. Yulin, L. Zer-GutmanTrade Review‘The book makes a fine addition to comparative legal scholarship, and comparative lawyers interested in courts and judges will find it to be a useful resource. The editors' ambition to encourage a broader view of courts through the application of regulatory theory, and by explicitly considering values, processes, resources and outcomes, is to be applauded as it stands to lead to a richer and more nuanced understanding of the judicial institution.’ -- Lorne Neudorf, Cambridge Law Journal'Too often, the regulation of judges is justified as striking a 'balance' (usually at an arbitrary point) between judicial independence and public accountability. Regulating Judges breaks from this thinking, resetting an analysis of judicial regulation inside a three-dimensional pyramid of processes, resources, values and outcomes. Devlin and Dodek have mustered an impressive team of scholars to re-evaluate judicial regulation in 19 countries - many themselves constitutionally complex. The result is a weighty collection of intellectual depth and unprecedented geographic breadth. Scholars, judiciaries and, above all, governments should read Regulating Judges and learn and digest its insights.' --Reid Mortensen, Legal Ethics'We often use the accountability-independence dichotomy to examine judicial conduct. In their book, Regulating Judges: Beyond Independence and Accountability, Professors Richard Devlin and Adam Dodek illuminate the limitations of this approach, developing a more complete regulatory pyramid to capture the complex and multidimensional environment in which judges function. In judging judges, the pyramid provides a framework for examining current systems and proposed changes for decades to come.' --Susan Saab Fortney, Texas A&M University, School of LawTable of ContentsContents: Foreword Justice Richard Goldstone 1. Regulating Judges: Challenges, Controversies and Choices Richard Devlin and Adam Dodek 2. The Australian Judiciary: Resistant to Reform? Gabrielle Appleby and Suzanne Le Mire 3. Beyond Independence and Accountability: Balancing Judicial Regulation in Brazil Maria Angela Jardim de Santa Cruz Oliveira 4. ‘Fighting Words’: Regulating Judges in Canada Adam Dodek and Richard Devlin 5. Moving Target – The Regulation Of Judges In China’s Rapidly Evolving Legal System Ray Worthy Campbell and Fu Yulin 6. Regulatory Reform in Croatia: An Uphill Battle to Enhance Public Confidence Dubravka Akšamović 7. Judicial Policy in England and Wales: A New Regulatory Space Graham Gee 8. Just ‘The Mouth’ of Statutory Law or More?: The Theory and Practice of Judicial Regulation in Germany Christian Wolf and Fabienne Klass 9. Balancing The Scales Of Justice In India: From Parliamentary Supremacy To Judicial Supremacy And Back? Tony George Puthucherril 10. Reluctant Reformers? Formalizing Judicial Regulation in Ireland David Fennelly 11. Decentralized Regulation: Reconciling Inter-branch Tensions in Israel Limor Zer-Gutman 12. Clash of Visions: Regulating Judges and Prosecutors In Italy Marco Fabri 13. Regulating Judges, Japanese-Style: The Prevalence of Informal Mechanisms Kay-Wah Chan 14. A Judicial Code of Ethics: Regulating Judges and Restoring Public Confidence in Malaysia Jaclyn L. Neo and Helena Whalen-Bridge 15. Discipline and Modernise: Regulating New Zealand Judges Tim Dare 16. The Portuguese Judiciary Amid Old and New Crises Fernando Dias Simões 17. An Internal Code of Ethics: Regulating Judges in Singapore Helena Whalen-Bridge and Jaclyn Neo 18. Regulating Judges in Russia’s Dual State: Between Constitutional and Administrative Regimes Alexei Trochev 19. Struggling to Adapt: Regulating Judges in South Africa Hugh Corder 20. Regulating Judges in The United States: Concerns for Public Confidence Sarah M.R. Cravens Index

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Book SynopsisAmerican Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions.The study of America's courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation's justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America's state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts.With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.Trade Review'While no one can deny the broad sweep of US Supreme Court landmarks, if one really wants to understand the justice system in America, and the interrelationship of courts and governance, one cannot overlook state systems. American Judicial Power does a thorough job of explaining the many interactions of state governments with state courts, including especially the allocation of governmental powers between state and local governments. For those seeking to understand state government beyond its superficial parallels to the federal system, American Judicial Power is an essential work.' --Michael A. Wolff, Saint Louis University, School of Law'Justice for most American citizens lives in the corridors and on the websites of state, not federal, courts across the country. This book is a much-needed and extraordinary addition to the scholarship about those courts. State courts are overburdened and underfunded, but as the authors note, they are innovative and exciting as well. Each court is a creature of its own state's history and culture, but ideas and attributes cross state lines regularly. Readers will come away from this book with a far greater understanding of where our state courts have been, and where they are going.' --Rebecca Love Kourlis, IAALS, Institute for the Advancement of the American Legal System'In the preamble to the United States Constitution the country's founders pronounced that their paramount purpose was to 'establish justice'. But how and why those architects of the American justice system adopted a bifurcated federal and state system of courts was obscure until the publication of American Judicial Power. Buenger and De Muniz illustrate for us a blueprint of the amazingly crafted separation of state and federal power, subject matter jurisdiction and appellate review that is the foundation of the world's most transparent and balanced justice system. American Judicial Power leads the reader through the evolution of state and federal judicial authority, judicial selection and balancing of separation of powers not only among the legislative, executive and judicial branches of government but through the preservation of the precarious equilibrium of a democratic republic. Written by two dynamic court leaders, American Judicial Power connects the past with the future.' --Mary Campbell McQueen, President, National Center for State Courts,Table of ContentsContents: 1. Context 2. Key Concepts 3. The Role of State Courts: An Historical Perspective 4. Modern State Judicial Selection in Theory and Practice 5. Modern State Judicial Structures 6. State Constitutions, Legislative Policymaking and State Judicial Power 7. State Courts and Emerging Policy Areas 8. Conclusion Index

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Book SynopsisThe composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe.With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies.Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work.Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. VioliniTrade Review‘Each contribution in this compendium is well researched and worth reading, making the volume an impeccable resource for anyone interested in the question of fragmentation of fundamental rights protection.’ -- Christian Breitler, European Yearbook on Human RightsTable of ContentsContents: The Fragmented Nature of Fundamental Rights Protection in Europe: An Introduction Lorenza Violini and Antonia Baraggia Part I THE THEORETICAL COMPLEXITY OF THE FUNDAMENTAL RIGHTS PROTECTION SYSTEM IN EUROPE 1. Human Rights Inflation in the European Union Matej Avbelj 2. Fundamental Rights and Federalism in the European Union and the United States: Challenges, Transformations and Normative Questions Federico Fabbrini 3. Common Constitutional Traditions in the Age of the European Bill(s) of Rights: Chronicle of a (somewhat prematurely) Death Foretold Oreste Pollicino Part II COURTS INTERACTING IN FUNDAMENTAL RIGHTS PROTECTION 4. The Role of the Court of Justice in the Fragmented European Fundamental Rights Landscape Šejla Imamović 5. The Bundesverfassungsgericht’s Human Dignity Review: Solange III and its Application in Subsequent Case Law Clara Rauchegger 6. Balancing Privacy and National Security in the Global Digital Era: a Comparative Perspective of EU and US Constitutional Systems Luca Pietro Vanoni Part III THE ‘HIDDEN’ SIDE OF FUNDAMENTAL RIGHTS PROTECTION: AGENCIES AND INTERNATIONAL BODIES 7. The Fundamental Rights Agency of the EU: a Step on the Way Toward an Integrated EU Policy in the Domain of Fundamental Rights Lorenza Violini 8. Fundamental Rights Protection Beyond Individual Complaints: the Potential of National Human Rights Institutions in Europe Katrien Meuwissen 9. Promoting Equality by Non-Judicial Actors: The Role of Equality Bodies in the European Union Landscape Maria Elena Gennusa 10. The Evolving Paradigm of Human Rights Protection as Interpreted and Influenced by the Venice Commission Simona Granata-Menghini and Stefania Ninatti Index

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Book Synopsis'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.'- Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.'- Rochelle Dreyfuss, New York University, School of Law, USIntellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights.Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Müller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Mühlendahl, G. Würtenberger, P. YuTrade Review'This well-chosen collection of scholarly, but readable, papers resonates with the work of the WIPO Advisory Committee on Enforcement, where Member States are exchanging experiences on resolving IP disputes in a balanced, holistic and effective manner. It will surely advance the global debate on judicial specialization and institutional arrangements.' --Louise van Greunen, World Intellectual Property Organization (WIPO), Switzerland.'Whether criticized as ''activist'' judges or applauded for their rulings, adjudicating IP is never an easy task. Judges must face complex IP laws, rapidly evolving markets, as well as fundamental social implications and ethical dilemmas. In this book, leading scholars from around the world provide a comprehensive picture of these challenges, offering valuable insights regarding global IP adjudication.' --Raquel Xalabarder, The Open University of Catalonia, Spain'Intellectual Property and the Judiciary is a milestone. The in-depth analysis of judiciary practice ranges from typical intellectual property settings to human rights and dispute settlement contexts. It compares national, regional and international experiences. The book is an absolute must for all practitioners and academics seeking to understand the dynamics of judicial decision-making in the field.' --Martin Senftleben, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Introduction Christophe Geiger, Craig Allen Nard and Xavier Seuba Part I Intellectual Property and European Courts Section 1. Intellectual Property and the European Court of Human Rights 1. Intellectual Property before the European Court of Human Rights Christophe Geiger and Elena Izyumenko 2. The European Court of Human Rights: An Unlikely Forum for the Enforcement of IP Rights Aurora Plomer 3. Copyright and the Human Right to Property: a European and International Case Law Approach Thomas Cottier Section 2. Intellectual Property and the Court of Justice of the European Union 4. Taking Power Tools to the Acquis - The Court of Justice, the Charter of Fundamental Rights and European Union Copyright Law Jonathan Griffiths 5. Intellectual Property Law made by the Court of Justice of the European Union Vincent Cassiers and Alain Strowel 6. The Role of the European Court of Justice in the European Patent Court System Stefan Luginbuehl and Teodora Kandeva Section 3. Intellectual Property and the Unified Patent Court 7. Decision-making in the Unified Patent Court: Ensuring a Balanced Approach Clement Salung Petersen and Jens Schovsbo 8. The Patent Mediation and Arbitration Centre: A Centre of Opportunities Sam Granata 9. Scientific Complexity and Patent Adjudication: The Technical Judges of the Unified Patent Court Xavier Seuba Section 4. Intellectual Property and European Quasi-Judicial Bodies (European Patent Office, European Union Intellectual Property Office and Community Plant Variety Office) 10. The Procedural Rules in Appeal Proceedings before the European Patent Office Cees Mulder and Marcus Müller 11. The Functioning of the Community Plant Variety Office Board of Appeal Martin Ekvad 12. Position of the Board of Appeal in the Legal Protection System for Community Plant Variety Rights Gert Würtenberger 13. The Boards of Appeal of the European Union Intellectual Property Office: an Alien within the Landscape of European Administrative Law! Stefan Martin 14. The Boards of Appeal of the European Union Intellectual Property Office Alexander von Mühlendahl Part II Intellectual Property and courts in the United States and Japan 15. The Proposed Structure and Function of the Unified Patent Court: Lessons from the American Judicial Experience The Honorable Kathleen M O’Malley and The Honorable Barbara M G Lynn 16. The Best Practice for Patent Judiciary: Lessons from another Experiment on Specialized Adjudication for Patent Cases in Japan Toshiko Takenaka 17. Europe’s Bold Experiment: Lessons Learned from America’s Patent Law Experience Craig Allen Nard Part III Intellectual Property and International Adjudication 18. The Interpretation of International Intellectual Property Instruments in National, Regional and International Courts and Tribunals Susy Frankel 19. Investor-State Dispute Settlement and the Trans-Pacific Partnership Peter K Yu 20. Does the WTO Appellate Body ‘Make’ IP Law? Daniel Gervais Index

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Book SynopsisIn this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice. Chapters offer a full evaluation and in-depth analysis of several key case studies in which information such as big data has been obtained, made use of, sold, or biased in an uncompetitive way. Such critical case studies include the European Commission's 2017 judgement against Google for granting illegal advantage to their own comparison shopping service, as well as the Bundeskartellamt's decision regarding Facebook's unfair trading terms under which it was gathering users' data without their voluntary consent. Reacting to these cases, the book offers guidance on how competition law can evolve to accommodate digital markets, such as classifying information as 'commons' or 'commodity', in order to realise social goals such as fairness. Compelling and insightful, this book will prove an important companion for students and scholars studying digital markets, as well as competition law more widely. It will also appeal to practitioners working on cases involving the regulation and usage of big data.Trade Review‘This is an excellent work. It is well researched, clearly referenced, well written and logically structured. Its arguments are thought provoking. I am certain that some will find some of the author’s positions controversial. This is a good thing; these positions should shake the reader out of any complacency they may have. I thoroughly enjoyed reading this work and would recommend it to others.’ -- Bruce Wardhaugh, European Competition Law Review‘... it is a book that may be referred to as it provides a very useful and valuable compendium of references to the relevant cases and materials on Big Data, and articles and commentaries which have been the subject of considerable discussion for over 10 years.’ -- Tim Cowen, Competition Law JournalTable of ContentsContents: 1. Introduction PART I THEORY ON ABUSE OF DOMINANCE IN DIGITAL MARKETS 2. Introduction to Part I: Theory on Abuse of Dominance in Digital Markets 3. Information in digital markets 4. Characteristics of digital markets and their implications on the assessment of market power 5. Dominance of online platforms 6. Law on abuse of dominance in digital markets PART II REFUSAL TO GIVE ACCESS TO INFORMATION: CASE STUDY OF GOOGLE SEARCH BEHAVIOURS 7. Introduction to Part II: Refusal to Give Access to Information: Case Study of Google Search Behaviours 8. Background on the antitrust investigations into Google 9. Is Google dominant? 10. Contractual restrictions on the portability and management of online search advertising campaigns across Google's AdWords and competing platforms 11. Search bias as an abuse of dominance 12. On the choice of legal procedures and actions for the European Commission in Google Search (Shopping) decision Part III POLICY RECOMMENDATIONS ON ABUSE OF DOMINANCE BY INFORMATION INTERMEDIARIES 13. Introduction to Part III: Policy Recommendations on Abuse of Dominance by Information Intermediaries 14. Intersection between digital markets and competition law. problems and practical solutions 15. Conclusions Index

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