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Author: Christopher Smith Publisher: Praeger ISBN: Category : Political Science Languages : en Pages : 216
Book Description
Written for social scientists who study the judiciary, legal scholars, judges, and others who are interested in the workings of the federal courts, this volume offers a comprehensive examination of the role of U.S. magistrates--the relatively invisible subordinate judicial officers within the federal district courts. The study is unique in its use of an observation methodology: the author was able to study U.S. magistrates during all of their daily activities and observe their interactions with other actors in the federal judiciary. Particularly valuable are its insights into such functions as pretrial conferences, meetings with litigants, and other situations normally beyond the purview of scholars and the public. The author focuses throughout on both the development of the magistrates' varied roles and their consequences for the federal judicial system. After examining magistrates' roles within several representative courts in detail, the author analyzes the factors which influence the development of these diverse roles and identifies the specific effects--both planned and unplanned--that the subordinate judicial officers have upon the court system. Smith refutes a commonly held view that district judges control the definition of magistrates' roles and concludes that in some cases, especially with regard to the coercion of litigants, the magistrate system's effects cannot be seen to be completely beneficial. In addition, the book contains an in-depth study of the appointment process for magistrates complete with a case history of the merit selection committee process. The author documents the influence of district judges over the merit selection process, adding concrete support to scholarly arguments about the inherently political nature of judicial selection.
Author: Christopher Smith Publisher: Praeger ISBN: Category : Political Science Languages : en Pages : 216
Book Description
Written for social scientists who study the judiciary, legal scholars, judges, and others who are interested in the workings of the federal courts, this volume offers a comprehensive examination of the role of U.S. magistrates--the relatively invisible subordinate judicial officers within the federal district courts. The study is unique in its use of an observation methodology: the author was able to study U.S. magistrates during all of their daily activities and observe their interactions with other actors in the federal judiciary. Particularly valuable are its insights into such functions as pretrial conferences, meetings with litigants, and other situations normally beyond the purview of scholars and the public. The author focuses throughout on both the development of the magistrates' varied roles and their consequences for the federal judicial system. After examining magistrates' roles within several representative courts in detail, the author analyzes the factors which influence the development of these diverse roles and identifies the specific effects--both planned and unplanned--that the subordinate judicial officers have upon the court system. Smith refutes a commonly held view that district judges control the definition of magistrates' roles and concludes that in some cases, especially with regard to the coercion of litigants, the magistrate system's effects cannot be seen to be completely beneficial. In addition, the book contains an in-depth study of the appointment process for magistrates complete with a case history of the merit selection committee process. The author documents the influence of district judges over the merit selection process, adding concrete support to scholarly arguments about the inherently political nature of judicial selection.
Author: United States. Administrative Office of the United States Courts. Magistrate Judges Division Publisher: ISBN: Category : Judges Languages : en Pages : 106
Author: Admi Office of the United States Courts Publisher: ISBN: 1678027537 Category : Reference Languages : en Pages : 72
Book Description
This booklet is designed to introduce judges and judicial administrators in other countries to the U.S. federal judicial system, its organization and administration, and its relationship to the legislative and executive branches of the government. The Judicial Services Office of the Administrative Office of the U.S. Courts developed this booklet to support the work of the Judicial Conference Committee on International Judicial Relations. The Chief Justice presides over the Judicial Conference of the United States, the national policymaking body of the federal courts. Congress passed legislation establishing the earliest form of the Judicial Conference in 1922. Today, 26 judges comprise the Conference�the chief judge of each of the 13 federal courts of appeals, 12 district (trial) judges elected from each of the geographic circuits, and the chief judge of the U.S. Court of International Trade.
Author: United States. Administrative Office of the United States Courts. Article III Judges Division Publisher: ISBN: Category : Court administration Languages : en Pages : 66
Author: Sheldon Goldman Publisher: Yale University Press ISBN: 9780300080735 Category : Law Languages : en Pages : 452
Book Description
How does a president choose the judges he appoints to the lower federal bench? In this analysis, a leading authority on lower federal court judicial selection tells the story of how nine presidents over a period of 56 years have chosen federal judges.
Author: Lee Epstein Publisher: Harvard University Press ISBN: 0674070682 Category : Law Languages : en Pages : 491
Book Description
Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
Author: Christopher Smith
Author: Christopher Smith
Author: United States. Administrative Office of the United States Courts. Magistrate Judges Division
Author: Admi Office of the United States Courts
Author: United States. Administrative Office of the United States Courts. Article III Judges Division
Author: Judicial Conference of the United States
Author: United States. Administrative Office of the United States Courts
Author: Sheldon Goldman
Author: Lee Epstein
Author: United States. Administrative Office of the United States Courts
Author: