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Judicial Dis-Appointments

Judicial Dis-Appointments PDF Author: Mitchel de S.-O.-l'E. Lasser
Publisher: Oxford University Press, USA
ISBN: 0198868855
Category : Law
Languages : en
Pages : 481

Book Description
In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent reforms to their judicial appointments processes, with the result that many of the candidates proposed by Member State governments were rejected. This book examines the rationale behind these reforms from the point of view of the Member States.

Judicial Dis-Appointments

Judicial Dis-Appointments PDF Author: Mitchel de S.-O.-l'E. Lasser
Publisher: Oxford University Press, USA
ISBN: 0198868855
Category : Law
Languages : en
Pages : 481

Book Description
In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent reforms to their judicial appointments processes, with the result that many of the candidates proposed by Member State governments were rejected. This book examines the rationale behind these reforms from the point of view of the Member States.

Advice and Consent

Advice and Consent PDF Author: Lee Epstein
Publisher: Oxford University Press
ISBN: 0195345835
Category : Political Science
Languages : en
Pages : 193

Book Description
From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.

The Next Justice

The Next Justice PDF Author: Christopher L. Eisgruber
Publisher: Princeton University Press
ISBN: 0691143528
Category : Law
Languages : en
Pages : 255

Book Description
He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."

The Selection and Appointment of United States Magistrate Judges

The Selection and Appointment of United States Magistrate Judges PDF Author: United States. Administrative Office of the United States Courts. Magistrate Judges Division
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 80

Book Description


Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Overcoming Life's Disappointments

Overcoming Life's Disappointments PDF Author: Harold S. Kushner
Publisher: Anchor
ISBN: 0307265501
Category : Religion
Languages : en
Pages : 194

Book Description
NEW YORK TIMES BESTSELLER • “No human relationship is without betrayal, irritation and annoyance, but Kushner makes clear that it’s what we do about such obstacles that matter” (Los Angeles Times Book Review) in this best-selling guide to being your best self, even when things don’t turn out as you’d hoped. The beloved author of When Bad Things Happen to Good People, Rabbi Harold S. Kushner here turns to the experience of Moses to find the requisite lessons of strength and faith—the lessons that teach us how to overcome the disappointments that life inherently brings. We can learn how to meet all disappointments with faith in ourselves and the future, and how to respond to heartbreak—how to weather the disillusionment of dreams unfulfilled, the pain of a lost job, divorce or abandonment, illness, and more—with understanding rather than bitterness and despair. With Kushner’s signature warmth, Overcoming Life’s Disappointments is a book of spiritual wisdom—as practical as it is inspiring.

Appointing Judges in an Age of Judicial Power

Appointing Judges in an Age of Judicial Power PDF Author: Peter H. Russell
Publisher: University of Toronto Press
ISBN: 0802093817
Category : Political Science
Languages : en
Pages : 489

Book Description
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.

Model Code of Judicial Conduct

Model Code of Judicial Conduct PDF Author: American Bar Association
Publisher: American Bar Association
ISBN: 9781590318393
Category : Law
Languages : en
Pages : 212

Book Description


Indonesian Law

Indonesian Law PDF Author: Tim Lindsey
Publisher: Oxford University Press
ISBN: 0191665576
Category : Law
Languages : en
Pages : 651

Book Description
Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.

Judicial Deliberations

Judicial Deliberations PDF Author: Mitchel de S.-O.-L'E. Lasser
Publisher:
ISBN: 0199575169
Category : History
Languages : en
Pages : 402

Book Description
Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach.