The Federal Judiciary and Institutional Change

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Author :
Release : 1996
Genre : Law
Kind :
Book Rating : 349/5 ( reviews)

The Federal Judiciary and Institutional Change - 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 Federal Judiciary and Institutional Change write by Deborah J. Barrow. This book was released on 1996. The Federal Judiciary and Institutional Change available in PDF, EPUB and Kindle. An in-depth historical analysis of partisan transformations of the Federal Judiciary

The Federal Courts

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Release : 1999-09-15
Genre : Law
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Book Rating : 273/5 ( reviews)

The Federal Courts - 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 Federal Courts write by Richard A. Posner. This book was released on 1999-09-15. The Federal Courts available in PDF, EPUB and Kindle. Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.

Building the Judiciary

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Release : 2012-03-25
Genre : Political Science
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Book Rating : 573/5 ( reviews)

Building the Judiciary - 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 Building the Judiciary write by Justin Crowe. This book was released on 2012-03-25. Building the Judiciary available in PDF, EPUB and Kindle. How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary 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. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.

Building the Judiciary

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Author :
Release : 2012-03-25
Genre : Law
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Book Rating : 934/5 ( reviews)

Building the Judiciary - 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 Building the Judiciary write by Justin Crowe. This book was released on 2012-03-25. Building the Judiciary available in PDF, EPUB and Kindle. How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary 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. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.

Advice and Dissent

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Release : 2009-12-01
Genre : Political Science
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Book Rating : 910/5 ( reviews)

Advice and Dissent - 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 Advice and Dissent write by Sarah A. Binder. This book was released on 2009-12-01. Advice and Dissent available in PDF, EPUB and Kindle. For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy. Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system—a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent. Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek