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Author: Wolf Heydebrand Publisher: SUNY Press ISBN: 9780791402962 Category : Social Science Languages : en Pages : 340
Book Description
This book connects the history and organization of the federal district courts to the emergence of a new technocratic form of justice. The centerpiece of this study is the clash between adjudication the traditional model of dispute resolution and the introduction of modern management techniques. From the perspective of the federal trial courts, the authors examine the tension between adjudication and administration. They show dramatic changes in the nature of judicial decision-making and the emergence of new forms of court organization. These changes signal a potential crisis of the judicial system, and Heydebrand and Seron provide insights into its nature and direction, and the immense structural forces underlying the administration of justice in America.
Author: Wolf Heydebrand Publisher: SUNY Press ISBN: 9780791402962 Category : Social Science Languages : en Pages : 340
Book Description
This book connects the history and organization of the federal district courts to the emergence of a new technocratic form of justice. The centerpiece of this study is the clash between adjudication the traditional model of dispute resolution and the introduction of modern management techniques. From the perspective of the federal trial courts, the authors examine the tension between adjudication and administration. They show dramatic changes in the nature of judicial decision-making and the emergence of new forms of court organization. These changes signal a potential crisis of the judicial system, and Heydebrand and Seron provide insights into its nature and direction, and the immense structural forces underlying the administration of justice in America.
Author: Wolf V. Heydebrand Publisher: SUNY Press ISBN: 9780791402955 Category : Social Science Languages : en Pages : 334
Book Description
This book connects the history and organization of the federal district courts to the emergence of a new technocratic form of justice. The centerpiece of this study is the clash between adjudication -- the traditional model of dispute resolution -- and the introduction of modern management techniques. From the perspective of the federal trial courts, the authors examine the tension between adjudication and administration. They show dramatic changes in the nature of judicial decision-making and the emergence of new forms of court organization. These changes signal a potential crisis of the judicial system, and Heydebrand and Seron provide insights into its nature and direction, and the immense structural forces underlying the administration of justice in America.
Author: Hector Fix-Fierro Publisher: Bloomsbury Publishing ISBN: 1847310559 Category : Law Languages : en Pages : 280
Book Description
This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.
Author: Samuel L. Myers Publisher: Rowman & Littlefield ISBN: 0739185624 Category : Political Science Languages : en Pages : 215
Book Description
There are wide racial disparities in virtually every sphere of economic life. African American workers earn less than whites. They are more likely to be denied loans than whites. Minority-owned businesses are less likely to win lucrative bids on state and federal contracts than are white male owned businesses. Black children are more likely than whites to be reported to child protective services for neglect or abuse. There are even huge disparities in downing rates between blacks and whites. What to do about these disparities? There is a fundamental disagreement about the appropriate remedies to these varied indicators of racial inequality. Part of the disagreement stems from differences in public perceptions about the underlying causes of the inequality. But, another form of disagreement relates to the opposition to the remedy of choice during much of the 1970s and 1980s: Affirmative Action. Race conscious remedies -- like affirmative action policies in hiring, college admissions, and business contracting -- suffer from legal and constitutional challenges, compounded by hostility from the majority of Americans. The alternative – race-neutral remedies – attempt to address racial disparities without directly targeting benefits exclusively to racial minority group members. In doing so, race-neutral remedies putatively help minorities without hurting majority group members. The authors of Race Neutrality: Rationalizing Remedies to Racial Inequality make the case that policy analysts should shift from a focus on whether a remedy is race-conscious or not to a focus on the underlying problem that the alternative remedies is attempting to resolve. This type of rethinking of the problem of racial inequality will reveal that sometimes race-neutral remedies hold great promise in reducing disparities. Often, however, race-neutral remedies fail to do what they are intended to do. The authors challenge the reader to think about why race-neutral remedies—while desireable on their face—might fail to resolve protracted and persistent patterns of racial inequality in market and non-market contexts.
Author: Charles L. Zelden Publisher: Bloomsbury Publishing USA ISBN: 1851097074 Category : Political Science Languages : en Pages : 481
Book Description
This volume in ABC-CLIO's About Federal Government set looks at the history and daily operations of the federal judiciary, from district courts, to courts of appeal, to the Supreme Court. The Judicial Branch of Federal Government: People, Process, and Politics shows how the federal courts act as interpreters of the law, definers of rules, and shapers of policy, covering the judiciary throughout U.S. history and as it functions today. In one concise yet comprehensive resource, The Judicial Branch of Federal Government describes the constitutionally ascribed roles and structures of the courts. It looks at the men and women who serve on the federal bench (who they are and how they are appointed), as well as the fascinating relationship of the federal courts with the legislative and executive branches and with the 50 state court systems.
Author: Steven W. Hays Publisher: Routledge ISBN: 1351443089 Category : Law Languages : en Pages : 552
Book Description
Blending both the theoretical and applied aspects of contemporary issues in court management, this reference/text offers in-depth coverage of all major topics and developments in judicial systems administration. It is suitable for use in the classroom or for self-study.;Providing the background material to clarify even the most technical management application, this book: presents the history and theory of the court management movement; examines the separation of powers doctrine, and its relationship to judicial independence; discusses the latest developments in court reform, the American Bar Association standards, alternative dispute resolution techniques and caseflow considerations; analyzes unified court budgeting and revenue generation by judicial systems; describes personnel administration, training and jury management; and elucidates court performance evaluation, planning approaches, the use of cameras in the courtroom and audio-visual applications.
Author: Steven Harmon Wilson Publisher: University of Georgia Press ISBN: 082032728X Category : Law Languages : en Pages : 577
Book Description
This is the first book-length study of a federal district court to analyze the revolutionary changes in its mission, structure, policies, and procedures over the past four decades. As Steven Harmon Wilson chronicles the court's attempts to keep pace with an expanding, diversifying caseload, he situates those efforts within the social, cultural, and political expectations that have prompted the increase in judicial seats from four in 1955 to the current nineteen. Federal judges have progressed from being simply referees of legal disputes to managers of expanding courts, dockets, and staffs, says Wilson. The Southern District of Texas offers an especially instructive model by which to study this transformation. Not only does it contain a varied population of Hispanics, African Americans, and whites, but its jurisdiction includes an international border and some of the busiest seaports in the United States. Wilson identifies three areas of judicial management in which the shift has most clearly manifested itself. Through docket and case management judges have attempted to rationalize the flow of work through the litigation process. Lastly, and most controversially, judges have sought to bring "constitutionally flawed" institutions into compliance through "structural reform" rulings in areas such as housing, education, employment, and voting. Wilson draws on sources ranging from judicial biography and oral-history interviews to case files, published opinions, and administrative memoranda. Blending legal history with social science, this important new study ponders the changing meaning of federal judgeship as it shows how judicial management has both helped and hindered the resolution of legal conflicts and the protection of civil rights.
Author: Christopher E. Smith Publisher: Wadsworth Publishing Company ISBN: Category : Education Languages : en Pages : 380
Book Description
This reorganized and updated text provides a comprehensive examination of the American judicial system by describing and analyzing political influences on courts' structure, procedures, decision-making processes, and consequences for society. Professor Smith focuses on courts rather than on law because of the recognition that the content of law often depends on the composition of the judiciary, citizens' access to the judicial process, and judicial decision-making procedures. This revealing study of the courts challenges the myths and popular perceptions about law and justice in American society and covers unique topics such as court bureaucracy; subordinates' influences on judges' decisions; and social science approaches to decision making.
Author: C. K. Rowland Publisher: ISBN: Category : Law Languages : en Pages : 234
Book Description
"A major empirical and theoretical work that has the potential for becoming a classic in the field". -- Sheldon Goldman, author of The Federal Courts as a Political System. "This provocative theoretical approach should be of great interest to scholars and students of the federal bench". -- Elliott E. Slotnick, editor of Judicial Politics.
Author: David Cole Publisher: The New Press ISBN: 1595584935 Category : Political Science Languages : en Pages : 333
Book Description
On April 16, 2009, the Justice Department released never-before-seen secret memos describing, in graphic detail, the brutal interrogation techniques used by the CIA under the Bush administration's "war on terror." Now, for the first time, the key documents are compiled in one remarkable volume, showing that the United States government's top attorneys were instrumental in rationalizing acts of torture and cruelty, employing chillingly twisted logic and Orwellian reasoning to authorize what the law absolutely forbids. This collection gives readers an unfiltered look at the tactics approved for use in the CIA's secret overseas prisons—including forcing detainees to stay awake for eleven days straight, slamming them against walls, stripping them naked, locking them in a small box with insects to manipulate their fears, and, of course, waterboarding—and at the incredible arguments advanced to give them a green light. Originally issued in secret by the Office of Legal Counsel between 2002 and 2005, the documents collected here have been edited only to eliminate repetition. They reflect, in their own words, the analysis that guided the legal architects of the Bush administration's interrogation policies. Renowned legal scholar David Cole's introductory essay tells the story behind the memos, and presents a compelling case that instead of demanding that the CIA conform its conduct to the law, the nation's top lawyers contorted the law to conform to the CIA's abusive and patently illegal conduct. He argues eloquently that official accountability for these legal wrongs is essential if the United States is to restore fidelity to the rule of law.
Author: Wolf Heydebrand
Author: Wolf Heydebrand
Author: Wolf V. Heydebrand
Author: Hector Fix-Fierro
Author: Samuel L. Myers
Author: Charles L. Zelden
Author: Steven W. Hays
Author: Steven Harmon Wilson
Author: Christopher E. Smith
Author: C. K. Rowland
Author: David Cole