Crafting Law on the Supreme Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Crafting Law on the Supreme Court write by Forrest Maltzman. This book was released on 2000-07-03. Crafting Law on the Supreme Court available in PDF, EPUB and Kindle. Supreme Court decisions stem largely from the political nature of the opinion writing process.
The Constrained Court
The Constrained Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Constrained Court write by Michael A. Bailey. This book was released on 2011-08-22. The Constrained Court available in PDF, EPUB and Kindle. How 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? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
Creating the Law
Creating the Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Creating the Law write by Michael K. Romano. This book was released on 2019-08-30. Creating the Law available in PDF, EPUB and Kindle. Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.
The Art and Craft of Judgment-Writing
The Art and Craft of Judgment-Writing - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Art and Craft of Judgment-Writing write by Max Barrett. This book was released on 2022-05-31. The Art and Craft of Judgment-Writing available in PDF, EPUB and Kindle. Judges are increasingly aware that the best way of enhancing public confidence in court systems is not only by providing a quality service but doing so compassionately and respectfully. The art and craft of judgment-writing is a critical element of this process. This book looks at the judgments of historically great judgment-writers from the US, UK and wider common law world (in particular Australia, Canada, India, Ireland, Israel and New Zealand). It is written not from the perspective of what the author can teach but with the aim of identifying essential elements of good judgment-writing in great judgments and insightful commentary.Written by Dr Max Barrett, a judge of the High Court of Ireland, individual chapters focus on subjects such as judgment purpose, length, style and structure, concurring and dissenting judgments, judgment-writing for children and vulnerable parties, as well as more general lessons in good writing offered by great authors from Orwell to Twain. Among the lessons to be taken from great common law judges are that: a good judgment possesses an ability to rise above immediate facts and to see a problem in its wider perspective;a sense of empathy/sympathy for those faring badly is always important; andthere is nothing wrong with language that is occasionally flowery and ornate; however, the best judgments are crisp and persuasive.A great author such as Mark Twain teaches, for example, that: every element of a judgment should be necessary to that judgment and any unnecessary element excised;any person or event included in a judgment should be included for a reason; anda judge should always use the right word for what she wants to state, 'not its second cousin'.This book is intended for novice superior court judges, their more seasoned colleagues and all with an interest in legal writing (including legal practitioners, law teachers and law students). Lower-court judges required to write judgments should find the book valuable; and judges at all levels should find the additional chapter on ex tempore judgments of use.
The Choices Justices Make
The Choices Justices Make - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Choices Justices Make write by Lee Epstein. This book was released on 1997-01-01. The Choices Justices Make available in PDF, EPUB and Kindle. The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court′s public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices′ papers animate the work.
