Judging Statutes

Author: Robert A. Katzmann

Publisher: Oxford University Press

ISBN: 0199362157

Category: Law

Page: 256

View: 4267

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In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Henry Friendly, Greatest Judge of His Era

Author: David M. Dorsen

Publisher: Harvard University Press

ISBN: 0674064933

Category: Biography & Autobiography

Page: 512

View: 6441

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Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.

The Federal Circuit - A Judicial Innovation

Establishing a U.S. Court of Appeals

Author: Steven Flanders

Publisher: Twelve Tables PressLlc

ISBN: 9780974728667

Category: Law

Page: 289

View: 1747

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Preservation and dissemination of the history of the Federal Circuit and its predecessor courts, featuring an inside view of the Society records, written histories of major figures of the Court and a tribute to the members and supporters. Chapters include Creating, Launching a New National Court, Patent Reform, Appeals, Agencies and Reviews.

The Mother Court

Tales of Cases That Mattered in America's Greatest Trial Court

Author: James D. Zirin

Publisher: N.A

ISBN: 9781634256339

Category: Law

Page: 344

View: 5674

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The Mother Court: Tales of Cases That Mattered in America's Greatest Trial Court is the first book to chronicle the history of the US District Court for the Southern District of New York, the most influential district court in the United States

Lines of Equity

Literature and the Origins of Law in Later Stuart England

Author: Elliott Visconsi

Publisher: Cornell University Press

ISBN: 0801459613

Category: Literary Criticism

Page: 216

View: 3322

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Confronted by a public that seemed to be sunk in barbarism and violence, English writers including John Milton, John Dryden, and Aphra Behn imagined serious literature as an instrument for change.

Learned Hand

The Man and the Judge

Author: Gerald Gunther

Publisher: Oxford University Press

ISBN: 0199703434

Category: Law

Page: 724

View: 4722

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Billings Learned Hand was one of the most influential judges in America. In Learned Hand: The Man and the Judge, Gerald Gunther provides a complete and intimate account of the professional and personal life of Learned Hand. He conveys the substance and range of Hand's judicial and intellectual contributions with eloquence and grace. This second edition features photos of Learned Hand throughout his life and career, and includes a foreword by Ruth Bader Ginsburg. Gunther, a former law clerk for Hand, reviewed much of Hand's published work, opinions, and correspondence. He meticulously describes Hand's cases, and discusses the judge's professional and personal life as interconnected with the political and social circumstances of the times in which he lived. Born in 1872, Hand served on the United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit. He clearly crafted and delivered thousands of decisions in a wide range of cases through extensive, conscientious investigation and analysis, while at the same time exercising wisdom and personal detachment. His opinions are still widely quoted today, and will remain as an everlasting tribute to his life and legacy.

Learned Hand

The Man and the Judge

Author: Gerald Gunther

Publisher: Oxford University Press

ISBN: 019537777X

Category: Biography & Autobiography

Page: 704

View: 3641

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Previous edition, 1st, published in 1994.

Comprehensive Criminal Procedure

Fourth Edition, 2017 Supplement

Author: Ronald Jay Allen,William J. Stuntz,Joseph L. Hoffmann,Debra A. Livingston

Publisher: Wolters Kluwer Law & Business

ISBN: 1454895381

Category: Law

Page: 429

View: 3092

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Comprehensive Criminal Procedure: 2017 Case Supplement

Mulligan's Law

The Wit and Wisdom of William Hughes Mulligan

Author: William Hughes Mulligan

Publisher: Fordham Univ Press

ISBN: 9780823217182

Category: Biography & Autobiography

Page: 246

View: 4736

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Collection of speeches given by William Hughes Mulligan.

Are Judges Political?

An Empirical Analysis of the Federal Judiciary

Author: Cass R. Sunstein,David Schkade,Lisa M. Ellman,Andres Sawicki

Publisher: Brookings Institution Press

ISBN: 9780815782353

Category: Political Science

Page: 177

View: 4705

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Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.

The Politics of Federal Judicial Administration

Author: Peter Graham Fish

Publisher: Princeton University Press

ISBN: 1400868327

Category: Law

Page: 552

View: 2297

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Although administrative policy-making is overshadowed by the drama of judicial decision-making, it is a vital part of the judicial process. Peter Graham Fish examines the structure and legislative history of the various institutions of the federal judicial administration, their development, and their operation. He focuses on the lower courts to show that, although it is delimited by a network of formal institutions, the federal judicial administration is characterized by informality and voluntarism and depends, as he emphasizes, on the roles played by individual judges. As administrators, judges become deeply involved in politics, and Peter Graham Fish concentrates on the politics of the national judicial administration. Within this framework he raises enduring issues: Shall local federal judges be wholly independent or must they conform to uniform standards of law and administration? Shall administration be separate and diffused or united and centralized? Shall politics be superior or subordinate to so-called standards of "'efficiency"? Shall the interests of trial judges prevail over or be subordinate to the regional and national interests of appellate judges? How shall money, manpower, jurisdictional, and structural changes be distributed among the courts? To what extent, if any, should judges modify their behavior or institutions to meet external criticism? Originally published in 1973. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Borrowed Judges

Visitors in the U.S. Courts of Appeals

Author: Stephen L. Wasby

Publisher: Quid Pro Books

ISBN: 1610273885

Category: Law

Page: 314

View: 3440

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Advice and Dissent

The Struggle to Shape the Federal Judiciary

Author: Sarah A. Binder,Forrest Maltzman

Publisher: Brookings Institution Press

ISBN: 9780815703914

Category: Political Science

Page: 198

View: 9321

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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 to harness the incentives of presidents and senators together. How well lawmakers confront the breakdown in advice and consent will have lasting consequences for the institutional capacity of the U.S. Senate and for the performance of the federal bench.