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Author: Valentina Dimitrova-Grajzl Publisher: ISBN: Category : Languages : en Pages :
Book Description
Empirical studies of judicial behavior using judge-level data are scarce and almost exclusively focused on higher court judges in the U.S. The majority of disputes in any legal system, however, are adjudicated by lower court judges and conclusions about judicial behavior from one legal system cannot be generalized to other legal systems. This paper draws on unique judge-level data to study judicial performance at lower courts in Slovenia, a post-socialist member state of the European Union struggling with implementation of an effective judicial system. We first examine the determinants of judicial productivity and elucidate the role of a judge's demographic characteristics, education, experience, salary, promotion concerns, and case specialization. We then explore the possible trade off between the quantity and quality of judicial case resolution, shedding light on the benefits and costs of those legal reform measures that aim to increase judicial productivity in Slovenian lower courts.
Author: Valentina Dimitrova-Grajzl Publisher: ISBN: Category : Languages : en Pages :
Book Description
Empirical studies of judicial behavior using judge-level data are scarce and almost exclusively focused on higher court judges in the U.S. The majority of disputes in any legal system, however, are adjudicated by lower court judges and conclusions about judicial behavior from one legal system cannot be generalized to other legal systems. This paper draws on unique judge-level data to study judicial performance at lower courts in Slovenia, a post-socialist member state of the European Union struggling with implementation of an effective judicial system. We first examine the determinants of judicial productivity and elucidate the role of a judge's demographic characteristics, education, experience, salary, promotion concerns, and case specialization. We then explore the possible trade off between the quantity and quality of judicial case resolution, shedding light on the benefits and costs of those legal reform measures that aim to increase judicial productivity in Slovenian lower courts.
Author: Sharyn Roach Anleu Publisher: Springer ISBN: 1137521597 Category : Social Science Languages : en Pages : 242
Book Description
Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.
Author: Lawrence Baum Publisher: Princeton University Press ISBN: 140082754X Category : Law Languages : en Pages : 246
Book Description
What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.
Author: Thomas W. Church Publisher: State University of New York Press ISBN: 079149912X Category : Social Science Languages : en Pages : 186
Book Description
Monetary incentives are increasingly seen as attractive alternatives to strict regulatory approaches for achieving objectives. This book examines one of the most ambitious attempts to use monetary incentives in the criminal justice system: New York City's $8.25 million Speedy Disposition Program (SDP). New York City officials introduced SDP as an incentive scheme to encourage the city's six District Attorneys to accelerate the disposition of those criminal cases that most contributed to the city's chronic jail overcrowding problem. Substantial financial rewards would be given to those DAs' offices that managed to dispose of their oldest felony cases, those cases involving "long-term detainees." The implementation of SDP in New York City — and the responses of the city's district attorneys to it — provides fascinating tales that teach much about innovation in criminal justice, about new approaches to court reform and delay reduction, and more generally, about the uses of monetary incentives as policy tools. Further, the program provides a rich source for analysis of the considerations that should go into the design of incentive programs, and into the contextual factors that argue for their applicability in other areas.
Author: Matthew Tokson Publisher: ISBN: Category : Languages : en Pages : 73
Book Description
Conventional models of judicial behavior assume that, barring extraordinary circumstances, lower courts will comply with changes in governing law. The few studies that have examined judicial compliance with higher court decisions have concluded that judges quickly adopt even controversial new doctrines. This Article challenges these conventional accounts of judicial compliance. It presents several surprising examples of widespread and persistent judicial defiance of new doctrines. Judges often apply old, overturned laws instead of new laws - and they do so in observable and predictable ways. For instance, this phenomenon is especially common when a low-decision-cost regime is replaced with a high-decision-cost regime, as when an old rule is changed to a new standard. This Article posits that judges are influenced by biases and incentives that can cause them to strongly prefer familiar laws to unfamiliar ones and simple laws to complex ones. These preferences shape judicial behavior and can engender overt noncompliance with new laws. This Article proposes a new model of judicial compliance and demonstrates how the model can successfully predict future judicial behavior. It then suggests ways of reducing judicial resistance to legal change. The Article's theoretical and empirical findings can also shed light on current legal debates, including broader debates about the efficacy of court-driven social change.
Author: J. Mark Ramseyer Publisher: University of Chicago Press ISBN: 9780226703855 Category : Law Languages : en Pages : 332
Book Description
In this introduction to Japanese law, J. Mark Ramseyer and Minoru Nakazato combine an economic approach with a clear and often amusing account of the law itself to challenge commonly held ideas about the law. Arguing against such things as the assumption that Japanese law differs from law in the United States and the idea that law plays only a trivial role in Japan or is culturally determined, this book will be recognized as a major contribution to the understanding of Japanese law. "A compelling economic analysis. . . . This book remains one of the few concerning Japanese law that successfully brings to life the legal culture of Japan." —Bonnie L. Dixon, New York Law Journal
Author: Gretchen Helmke Publisher: Cambridge University Press ISBN: 9781139442015 Category : Political Science Languages : en Pages : 252
Book Description
This study offers a theoretical framework for understanding how institutional instability affects judicial behavior under dictatorship and democracy. In stark contrast to conventional wisdom, the central findings of the book contradict some assumptions that only independent judges rule against the government of the day. Set in the context of Argentina, the study uses the tools of positive political theory to explore the conditions under which courts rule against the government. In addition to shedding light on the dynamics of court-executive relations in Argentina, the study provides general lessons about institutions, instability, and the rule of law. In the process, the study builds a set of connections among diverse bodies of scholarship, including US judicial politics, comparative institutional analysis, positive political theory, and Latin American politics.
Author: Sarah A. Binder Publisher: ISBN: 9780815703402 Category : Political Science Languages : en Pages : 0
Book Description
"Explores the state of the federal judicial selection system. Reconstructs the history and contemporary practice of advice and consent, identifying political, institutional causes of conflict over judicial selection and consequences of such battles. Advocates pragmatic reforms of the institutions of judicial selection that harness incentives of presidents and senators together"--Resumen del editor.
Author: Valentina Dimitrova-Grajzl
Author: Valentina Dimitrova-Grajzl
Author: Sharyn Roach Anleu
Author: Lawrence Baum
Author: Thomas W. Church
Author: Matthew Tokson
Author: J. Mark Ramseyer
Author: Peter Haynes
Author: Gretchen Helmke
Author: Sarah A. Binder
Author: Jeffrey A. Segal