Author : Forrest Maltzman
Publisher : Cambridge University Press
Page : 226 pages
File Size : 34,12 MB
Release : 2000-07-03
Category : Law
ISBN : 9780521783941
Supreme Court decisions stem largely from the political nature of the opinion writing process.
Author : Susan Block-Lieb
Publisher : Cambridge University Press
Page : 481 pages
File Size : 24,76 MB
Release : 2017-10-26
Category : Law
ISBN : 1107187583
Lawmaking by international organizations has enormous influence over world trade and national economies. This book explores who makes that law and how.
Author : Michael K. Romano
Publisher : Routledge
Page : 184 pages
File Size : 23,50 MB
Release : 2019-08-30
Category : Political Science
ISBN : 0429867867
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.
Author : Kali N. Murray
Publisher : Routledge
Page : 146 pages
File Size : 11,72 MB
Release : 2013
Category : Business & Economics
ISBN : 0415565170
This book examines how national, regional and international patent law can better respond to the interests of a diverse set of non-profit and public interest entities, and be of more benefit to developing countries. The book sets out a "tool-box" of participatory mechanisms which would foster third party participation in the patent process.
Author : Max Barrett
Publisher :
Page : 368 pages
File Size : 17,89 MB
Release : 2022-05-31
Category : Law
ISBN : 9781787428577
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.
Author : Bryan A. Garner
Publisher :
Page : 0 pages
File Size : 12,23 MB
Release : 2016
Category : Judicial process
ISBN : 9780314634207
The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.
Author : Michael A. Bailey
Publisher : Princeton University Press
Page : 232 pages
File Size : 37,61 MB
Release : 2011-08-22
Category : Law
ISBN : 1400840260
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.
Author : Brendon Ishikawa
Publisher :
Page : 465 pages
File Size : 48,67 MB
Release : 2018
Category : Dispute resolution (Law)
ISBN : 9781641050760
Author : John Manning
Publisher :
Page : 0 pages
File Size : 43,73 MB
Release : 2013
Category : Administrative procedure
ISBN : 9781609302177
The updated casebook, Manning and Stephenson's Legislation and Regulation, 2d, is designed for a first-year class on Legislation & Regulation, and provides a proven, ready-to-use set of materials for those interested in introducing such a class to their 1L curriculum. The book focuses on the tools and methods of interpreting legal texts, using Supreme Court and other appellate decisions as the primary texts, yet the note material gently introduces students to applicable insights from political science, history, economics, and philosophy. The book aims to familiarize students with tools and techniques that lawyers and judges use when crafting legal arguments in statutory or regulatory contexts, and to give students a sense of the larger questions of institutional design implicated by these interpretive questions.
Author : Marcus M. Payk
Publisher : Oxford University Press
Page : 288 pages
File Size : 44,66 MB
Release : 2021-03-25
Category : Law
ISBN : 0192609262
This volume sheds light on how lawyers have made sense of, engaged in, and shaped international politics over the past three hundred years. Chapters show how politicians and administrators, diplomats and military men, have considered their tasks in legal terms, and how the field of international relations has been filled with the distinctly legal vocabulary of laws, regulations, treaties, agreements, and conventions. Leading experts in the field provide insights into what it means when concrete decisions are taken, negotiations led, or controversies articulated and resolved by legal professionals. They also inquire into how the often-criticised gaps between juristic standards and everyday realities can be explained by looking at the very medium of law. Rather than sorting people and problems into binary categories such as 'law' and 'politics' or 'theory' and 'practice', the case studies in this volume reflect on these dichotomies and dissolve them into the messy realities of conflicts and interactions which take place in historically contingent situations, and in which international lawyers assume varying personas.
