The View from the Bench and Chambers

Examining Judicial Process and Decision Making on the U.S. Courts of Appeals

Author: Jennifer Barnes Bowie,Donald R. Songer,John Szmer

Publisher: University of Virginia Press

ISBN: 0813936004

Category: Political Science

Page: 296

View: 2955

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For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff

Publisher: OUP Oxford

ISBN: 0191018678

Category: Political Science

Page: 536

View: 5241

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This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.

Issue Salience in International Politics

Author: Kai Oppermann,Henrike Viehrig

Publisher: Routledge

ISBN: 1136725776

Category: Political Science

Page: 304

View: 4694

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This book analyses the salience of foreign and security policy issues to domestic actors, its role in the analysis of international politics and its consequences for foreign policy decision-making. It features studies on Western Europe and North America and addresses European Integration, Foreign and Security Policy and Transatlantic Relations.

Questioning Capital Punishment

Law, Policy, and Practice

Author: James R. Acker

Publisher: Routledge

ISBN: 1317689313

Category: Social Science

Page: 416

View: 812

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The death penalty has inspired controversy for centuries. Raising questions regarding capital punishment rather than answering them, Questioning Capital Punishment offers the footing needed to allow for more informed consideration and analysis of these controversies. Acker edits judicial decisions that have addressed constitutional challenges to capital punishment and its administration in the United States and uses complementary materials to offer historical, empirical, and normative perspectives about death penalty policies and practices. This book is ideal for upper-level undergraduate and graduate classes in criminal justice.

Injustice On Appeal

The United States Courts of Appeals in Crisis

Author: William M. Richman,William L. Reynolds

Publisher: Oxford University Press

ISBN: 0195342070

Category: Law

Page: 237

View: 5091

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In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts. will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts.

Deference in International Courts and Tribunals

Standard of Review and Margin of Appreciation

Author: Lukasz Gruszczynski,Wouter Werner

Publisher: OUP Oxford

ISBN: 0191026506

Category: Law

Page: 400

View: 1240

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International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

United States Code Service, Lawyers Edition

All Federal Laws of a General and Permanent Nature Arranged in Accordance with the Section Numbering of the United States Code and the Supplements Thereto

Author: United States

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 8022

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The Jury and Democracy

How Jury Deliberation Promotes Civic Engagement and Political Participation

Author: John Gastil,E. Pierre Deess,Philip J. Weiser,Cindy Simmons

Publisher: Oxford University Press

ISBN: 0199888531

Category: Political Science

Page: 288

View: 3615

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Alexis de Tocqueville, John Stuart Mill, and the U.S. Supreme Court have all alleged that jury service promotes civic and political engagement, yet none could prove it. Finally, The Jury and Democracy provides compelling systematic evidence to support this view. Drawing from in-depth interviews, thousands of juror surveys, and court and voting records from across the United States, the authors show that serving on a jury can trigger changes in how citizens view themselves, their peers, and their government--and can even significantly increase electoral turnout among infrequent voters. Jury service also sparks long-term shifts in media use, political action, and community involvement. In an era when involved Americans are searching for ways to inspire their fellow citizens, The Jury and Democracy offers a plausible and realistic path for turning passive spectators into active political participants.

Dispute Settlement in the World Trade Organization

Practice and Procedure

Author: David Palmeter,Petros C. Mavroidis

Publisher: Cambridge University Press

ISBN: 9780521530033

Category: Business & Economics

Page: 330

View: 9389

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The authors discuss all World Trade Organization (WTO) dispute settlements and their interpretation in WTO jurisprudence. Although the book contains considerable technical expertise, it is accessible to a wide readership.

Rights and Courts in Pursuit of Social Change

Legal Mobilisation in the Multi-Level European System

Author: Dia Anagnostou

Publisher: Bloomsbury Publishing

ISBN: 1782251871

Category: Law

Page: 261

View: 3161

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Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?

Jackson's Machinery of Justice

Author: Richard Meredith Jackson,J. R. Spencer

Publisher: Cambridge University Press

ISBN: 9780521317672

Category: Law

Page: 543

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Jackson's classic text has been revised and updated for the times.

Appellate Practice in Federal and State Courts

Author: David M. Axelrad

Publisher: Law Journal Seminars Press

ISBN: 9781588521743

Category: Law

Page: N.A

View: 3427

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From preserving issues for appeal to preparing winning motions this book covers: standards of review; standing to appeal; timely filing; how courts view the "Record on Appeal"; and more.

Mediation Law and Practice

Author: David Spencer,Michael Brogan,Michael C. Brogan

Publisher: Cambridge University Press

ISBN: 9780521676946

Category: Law

Page: 520

View: 1936

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"This book is a comprehensive survey of the place of mediation in the expanding field of alternative dispute resolution.

WTO

World Economic Order, World Trade Law

Author: Peter-Tobias Stoll,Frank Schorkopf

Publisher: Martinus Nijhoff Publishers

ISBN: 900414496X

Category: Law

Page: 291

View: 8853

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This book describes the institutional system the basic principles and the vast variety of rules of the World Trade Organization. It aims at clarifying the structure and the general concepts, in order to enable the reader to get a better understanding of the issues at stake in many of the discussions and controversies on world trade.

Thurman Arnold

A Biography

Author: Spencer Weber Waller,Thurman Wesley Arnold

Publisher: NYU Press

ISBN: 0814793924

Category: Biography & Autobiography

Page: 273

View: 5349

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The Book of Viráta details the Pándavas’ 13th year in exile, when they live disguised in King Viráta's court. They suffer the humiliation of becoming servants; a topic explored both through comedy and pathos. Having maintained their disguise until the very end of the year, then their troubles really begin. Bhima is forced to come to Dráupadi's rescue when King Viráta's general, Kíchaka, sets his sights on her. Duryódhana and the Tri·gartas decide to invade the defeated Viráta's kingdom, unaware the Pándavas are hidden there. In the ensuing battles the Pándavas play a crucial role, save Viráta and reveal their true identities. The book ends in celebration, with the Pándavas ready to return from exile and reclaim their kingdom. However, the battles in “Viráta” foreshadow the war to come, proving it will not be easy. Co-published by New York University Press and the JJC Foundation For more on this title and other titles in the Clay Sanskrit series, please visit http://www.claysanskritlibrary.org

The Selling of Supreme Court Nominees

Author: John Anthony Maltese

Publisher: N.A

ISBN: N.A

Category: Law

Page: 193

View: 1500

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In The Selling of Supreme Court Nominees, Maltese traces the evolution of the contentious and controversial confirmation process awaiting today's nominees to the nation's highest court. His story begins in the second half of the nineteenth century, when social and technological changes led to the rise of organized interest groups. Despite occasional victories, Maltese explains, structural factors limited the influence of such groups well into this century. Until 1913, senators were not popularly elected but chosen by state legislatures, undermining the potent threat of electoral retaliation that interest groups now enjoy. And until Senate rules changed in 1929, consideration of Supreme Court nominees took place in almost absolute secrecy. Floor debates and the final Senate vote usually took place in executive session. Even if interest groups could retaliate against senators, they often did not know whom to retaliate against.