ebooks, audiobooks, and more for reads
Download Does Judicial Selection Method Make A Difference full books in PDF, epub, and Kindle. Read online Does Judicial Selection Method Make A Difference ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Download or read book Does Judicial-selection Method Make a Difference? written by Daniel Ray Pinello and published by . This book was released on 1991 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author: Greg Goelzhauser
Publisher:
Published: 2019-02-22
Total Pages: 217
ISBN-13: 1439918082
DOWNLOAD EBOOKThe judicial selection debate continues. Merit selection is used by a majority of states but remains the least well understood method for choosing judges. Proponents claim that it emphasizes qualifications and diversity over politics, but there is little empirical evidence regarding its performance. In Judicial Merit Selection, Greg Goelzhauser amasses a wealth of data to examine merit selection's institutional performance from an internal perspective. While his previous book, Choosing State Supreme Court Justices, compares outcomes across selection mechanisms, here he delves into what makes merit selection unique--its use of nominating commissions to winnow applicants prior to gubernatorial appointment. Goelzhauser's analyses include a rich case study from inside a nominating commission's proceedings as it works to choose nominees; the use of public records to examine which applicants commissions choose and which nominees governors choose; evaluation of which attorneys apply for consideration and which judges apply for promotion; and examination of whether design differences across systems impact performance in the seating of qualified and diverse judges. The results have critical public policy implications.
Download or read book Judicial Merit Selection written by Greg Goelzhauser and published by . This book was released on 2019-02-22 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The judicial selection debate continues. Merit selection is used by a majority of states but remains the least well understood method for choosing judges. Proponents claim that it emphasizes qualifications and diversity over politics, but there is little empirical evidence regarding its performance. In Judicial Merit Selection, Greg Goelzhauser amasses a wealth of data to examine merit selection's institutional performance from an internal perspective. While his previous book, Choosing State Supreme Court Justices, compares outcomes across selection mechanisms, here he delves into what makes merit selection unique--its use of nominating commissions to winnow applicants prior to gubernatorial appointment. Goelzhauser's analyses include a rich case study from inside a nominating commission's proceedings as it works to choose nominees; the use of public records to examine which applicants commissions choose and which nominees governors choose; evaluation of which attorneys apply for consideration and which judges apply for promotion; and examination of whether design differences across systems impact performance in the seating of qualified and diverse judges. The results have critical public policy implications.
Author: Jason J. Czarnezki
Publisher:
Published: 2009
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKEmpirical data show that, despite the significant electoral success of state court judges, elections still impact judicial decision-making, and elected judges are less consistent in their voting patterns than appointed judges. In addition, if interest in state judicial elections continues to wane and these contests are not robust, states no longer even benefits from the participatory advantages of an elective system. Using the State of Wisconsin as an example, this Article suggests that Wisconsin and other state legislatures, with the support of bar associations and academics, should revisit the historical underpinnings of judicial elections, and consider both whether electing judges conforms with the historical goals of having an elected judiciary and whether the available empirical data support the belief that elected judges can be systematically consistent and independent in the decision-making process.
Download or read book A Call for Change written by Jason J. Czarnezki and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical data show that, despite the significant electoral success of state court judges, elections still impact judicial decision-making, and elected judges are less consistent in their voting patterns than appointed judges. In addition, if interest in state judicial elections continues to wane and these contests are not robust, states no longer even benefits from the participatory advantages of an elective system. Using the State of Wisconsin as an example, this Article suggests that Wisconsin and other state legislatures, with the support of bar associations and academics, should revisit the historical underpinnings of judicial elections, and consider both whether electing judges conforms with the historical goals of having an elected judiciary and whether the available empirical data support the belief that elected judges can be systematically consistent and independent in the decision-making process.
Author: Chris W. Bonneau
Publisher: Routledge
Published: 2009-06-02
Total Pages: 248
ISBN-13: 1135852685
DOWNLOAD EBOOKOne of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice. Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have made—and continue to make—erroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process. Part of the Controversies in Electoral Democracy and Representation series edited by Matthew J. Streb.
Download or read book In Defense of Judicial Elections written by Chris W. Bonneau and published by Routledge. This book was released on 2009-06-02 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice. Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have made—and continue to make—erroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process. Part of the Controversies in Electoral Democracy and Representation series edited by Matthew J. Streb.
Author: Richard A. Posner
Publisher: Harvard University Press
Published: 2010-05-01
Total Pages: 399
ISBN-13: 0674033833
DOWNLOAD EBOOKA distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Author: Daniel R. Pinello
Publisher: Praeger
Published: 1995-10-24
Total Pages: 0
ISBN-13: 0313292434
DOWNLOAD EBOOKThis unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law—business, criminal procedure, and family law. After examining different theories and surveying the research about judicial selection, this comparative study of policies in six states—Connecticut, New Jersey, Pennsylvania, Rhode Island, Virginia, West Virginia—challenges current assumptions. The author finds that appointed judges prefer the interests of the individual over those of the state in criminal-procedure cases and are the most innovative in business law; that elected judges prefer the interests of the state over the individual; and that legislatively selected judges acquiesce to the policy preferences of other branches of government and are the most inactive in terms of policy initiation. For students and teachers in law, political science, and history; for lawyers and judges; for interest groups concerned about state policy; and for policymakers and other professionals concerned with American government and public administration.
Download or read book The Impact of Judicial-Selection Method on State-Supreme-Court Policy written by Daniel R. Pinello and published by Praeger. This book was released on 1995-10-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law—business, criminal procedure, and family law. After examining different theories and surveying the research about judicial selection, this comparative study of policies in six states—Connecticut, New Jersey, Pennsylvania, Rhode Island, Virginia, West Virginia—challenges current assumptions. The author finds that appointed judges prefer the interests of the individual over those of the state in criminal-procedure cases and are the most innovative in business law; that elected judges prefer the interests of the state over the individual; and that legislatively selected judges acquiesce to the policy preferences of other branches of government and are the most inactive in terms of policy initiation. For students and teachers in law, political science, and history; for lawyers and judges; for interest groups concerned about state policy; and for policymakers and other professionals concerned with American government and public administration.
Author: Daniel R. Pinello
Publisher: Praeger
Published: 1995-10-24
Total Pages: 256
ISBN-13:
DOWNLOAD EBOOKThis unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law—business, criminal procedure, and family law. After examining different theories and surveying the research about judicial selection, this comparative study of policies in six states—Connecticut, New Jersey, Pennsylvania, Rhode Island, Virginia, West Virginia—challenges current assumptions. The author finds that appointed judges prefer the interests of the individual over those of the state in criminal-procedure cases and are the most innovative in business law; that elected judges prefer the interests of the state over the individual; and that legislatively selected judges acquiesce to the policy preferences of other branches of government and are the most inactive in terms of policy initiation. For students and teachers in law, political science, and history; for lawyers and judges; for interest groups concerned about state policy; and for policymakers and other professionals concerned with American government and public administration.
Download or read book The Impact of Judicial-Selection Method on State-Supreme-Court Policy written by Daniel R. Pinello and published by Praeger. This book was released on 1995-10-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law—business, criminal procedure, and family law. After examining different theories and surveying the research about judicial selection, this comparative study of policies in six states—Connecticut, New Jersey, Pennsylvania, Rhode Island, Virginia, West Virginia—challenges current assumptions. The author finds that appointed judges prefer the interests of the individual over those of the state in criminal-procedure cases and are the most innovative in business law; that elected judges prefer the interests of the state over the individual; and that legislatively selected judges acquiesce to the policy preferences of other branches of government and are the most inactive in terms of policy initiation. For students and teachers in law, political science, and history; for lawyers and judges; for interest groups concerned about state policy; and for policymakers and other professionals concerned with American government and public administration.
Author: Greg Goelzhauser
Publisher: Temple University Press
Published: 2019-02-22
Total Pages: 0
ISBN-13: 9781439918074
DOWNLOAD EBOOKThe judicial selection debate continues. Merit selection is used by a majority of states but remains the least well understood method for choosing judges. Proponents claim that it emphasizes qualifications and diversity over politics, but there is little empirical evidence regarding its performance. In Judicial Merit Selection, Greg Goelzhauser amasses a wealth of data to examine merit selection’s institutional performance from an internal perspective. While his previous book, Choosing State Supreme Court Justices, compares outcomes across selection mechanisms, here he delves into what makes merit selection unique—its use of nominating commissions to winnow applicants prior to gubernatorial appointment. Goelzhauser’s analyses include a rich case study from inside a nominating commission’s proceedings as it works to choose nominees; the use of public records to examine which applicants commissions choose and which nominees governors choose; evaluation of which attorneys apply for consideration and which judges apply for promotion; and examination of whether design differences across systems impact performance in the seating of qualified and diverse judges. The results have critical public policy implications.
Download or read book Judicial Merit Selection written by Greg Goelzhauser and published by Temple University Press. This book was released on 2019-02-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The judicial selection debate continues. Merit selection is used by a majority of states but remains the least well understood method for choosing judges. Proponents claim that it emphasizes qualifications and diversity over politics, but there is little empirical evidence regarding its performance. In Judicial Merit Selection, Greg Goelzhauser amasses a wealth of data to examine merit selection’s institutional performance from an internal perspective. While his previous book, Choosing State Supreme Court Justices, compares outcomes across selection mechanisms, here he delves into what makes merit selection unique—its use of nominating commissions to winnow applicants prior to gubernatorial appointment. Goelzhauser’s analyses include a rich case study from inside a nominating commission’s proceedings as it works to choose nominees; the use of public records to examine which applicants commissions choose and which nominees governors choose; evaluation of which attorneys apply for consideration and which judges apply for promotion; and examination of whether design differences across systems impact performance in the seating of qualified and diverse judges. The results have critical public policy implications.
Author: Yun-chien Chang
Publisher: Cambridge University Press
Published: 2019-12-19
Total Pages: 313
ISBN-13: 110847487X
DOWNLOAD EBOOKLeading empirical legal scholars from around the world explore whether and under what conditions the judicial process is efficient.
Download or read book Selection and Decision in Judicial Process Around the World written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2019-12-19 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading empirical legal scholars from around the world explore whether and under what conditions the judicial process is efficient.
Author: Jaden Rankin-Wahlers
Publisher:
Published: 2017
Total Pages:
ISBN-13:
DOWNLOAD EBOOKDoes the way in which judges are chosen affect public perceptions of them? This study examines how methods of judicial selection and the amount of experience affects the publics perceptions of a ruling. Existing research is conflicted about the extent to which courts have the ability to manipulate public opinion; at the state level, where judges are selected through a mixture of elective and appointive schemes, this relationship is particularly unclear. To investigate this relationship, an experiment embedded in a national study was conducted in which participants were exposed to a fictional, but plausible, judicial ruling. The results show selection method and experience did not affect either the amount of opinion change or the publics acceptance of the judicial decision.
Download or read book Does a Title Matter? State Justices Selection Method Effect on Public Opinion written by Jaden Rankin-Wahlers and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the way in which judges are chosen affect public perceptions of them? This study examines how methods of judicial selection and the amount of experience affects the publics perceptions of a ruling. Existing research is conflicted about the extent to which courts have the ability to manipulate public opinion; at the state level, where judges are selected through a mixture of elective and appointive schemes, this relationship is particularly unclear. To investigate this relationship, an experiment embedded in a national study was conducted in which participants were exposed to a fictional, but plausible, judicial ruling. The results show selection method and experience did not affect either the amount of opinion change or the publics acceptance of the judicial decision.
