Author: John B. Oakley Publisher: Univ of California Press ISBN: 0520414713 Category : Law Languages : en Pages : 200
Book Description
This is the first in-depth empirical and historical study of the use of law clerks by American judges. Although possessing a hundred-year heritage, the institution has been ignored as an important component of the process of judicial decision-making. Law clerks are, in the authors' words, "subordinate, anonymous, but often quite powerful lawyers who function as the non-commissioned officers in the army of the judiciary." American courts are currently altering the traditional use of law clerks through the introduction of important innovations that enhance the ability of judges to dispose of cases rapidly but detract from personal judicial control over individual decisions. The authors investigate the clash of tradition and innovation through interviews with sixty-three judges of federal courts and appellate courts in California. They find distinctly different models of law clerk usage in the state and federal systems, which they analyze on the basis of the judges' own perceptions of the qualitative and quantitive impact on their decision of variations in the character, tenure, and duties of staff assistants. They offer suggestions on how modern courts can cope with the "crisis of volume" without unduly sacrificing traditional standards of judicial autonomy. Because of the confidential nature of judicial deliberations, judges are rarely willing to discuss publicly their use of law clerks. This study employs unconventional techniques for penetrating the secrecy of judicial chambers while respecting the confidentiality and the individuality of its sources. It presents important new information on the internal operating procedures of the courts studies, collating interview data with facts abstracted from pre-existing but often obscure sources, and providing a particularly close look at the inner workings of the Supreme Court of California and the United States Court of Appeals for the Ninth Circuit. Revealing the significance of public funding of judicial staff in determining patterns of law clerk usage, it should promote further investigation and debate regarding the proper structure and role of staff assistance in the judicial process. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1980.
Author: Federal Judicial Center Publisher: ISBN: 9781716557729 Category : Law Languages : en Pages : 38
Book Description
New law clerks: welcome to the federal court system. Career clerks: thank you for your continued service. During your clerkship, you will provide valuable assistance as your judge resolves disputes that are of great importance to the parties, and often to the public. The parties and the public accept judges' rulings because they trust the system to be fair and impartial. Maintaining this trust is crucial to the continued success of our courts. That's why, although you have many responsibilities that demand your attention, you must never lose sight of your ethical obligations. You need to become familiar with the Code of Conduct for Judicial Employees, which has five canons. In brief, the canons provide that you should - uphold the independence and integrity of the judiciary and of your office - avoid impropriety and the appearance of impropriety in all activities - adhere to appropriate standards in performing your duties; - avoid conflict with official duties and the appearance of impropriety in all outside activities - refrain from inappropriate political activities Scrupulously follow these canons and the other rules that govern your conduct. Do not assume that good intentions are enough. It is not enough to simply learn and follow the Code of Conduct and other related ethics rules, however. You also need to familiarize yourself with and follow your judge's ethical guidelines. These guidelines may differ from chambers to chambers. Your judge may impose restrictions that go beyond the Code. Although many of your obligations are the same as those of other federal judicial employees, certain restrictions are more stringent because of your special position in relation to the judge.
Author: Yaida O. Ford Publisher: AuthorHouse ISBN: 1449098983 Category : Law Languages : en Pages : 31
Book Description
The TIP book will arm potential law clerks with the valuable information they need prior to pursuing or beginning a clerkship. The book answers all of the conceivable questions a potential law clerk should ask including: How do I decide whether a clerkship is right for me? Which type of clerkship should I apply for and does it matter? What are the demands that come along with serving as a law clerk? How do I establish a strong relationship with a judge?
Author: Todd C. Peppers Publisher: University of Virginia Press ISBN: 0813932653 Category : Biography & Autobiography Languages : en Pages : 519
Book Description
Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.
Author: John B. Oakley
Author: Todd C. Peppers
Author: Federal Judicial Center
Author: United States. Department of the Army
Author: Alvin B. Rubin
Author: Syl Sobel
Author: Anthony M. DiLeo
Author: Calvert G. Chipchase
Author: Yaida O. Ford
Author: Todd C. Peppers