Judges And Legislators

Author : Robert A. Katzmann
Publisher : Brookings Institution Press
ISBN 13 : 9780815716297
Total Pages : 226 pages
Book Rating : 4.9X/5 ( download)

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Download or read book Judges and Legislators written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Judiciary and Congress not only do not communicate on their most basic concerns; they do not know how they may properly do so," writes Frank M. Coffin, a federal appeals court judge and former representative, in Judges and Legislators. "The condition is that of a chronic, debilitating fever." Though the Senate lavishes it's attention from time to time on particular judicial nominees, Congress remains largely oblivious of the wellbeing of the federal judiciary as an institution. And the judiciary seems often unaware of the critical nuances of the legislative process. This state of affairs has had an adverse effect not only on relations between the two branches, but also on public policy more generally. Some forty-five people—including a Supreme Court justice, federal and state court judges, legislators and legislative staffers, scholars, and members of the private bar—gathered for a series of discussion to identify fundamental issues affecting judicial-congressional relations. The articles published in this volume are an outgrowth of those discussions.

Author : Robert A. Katzmann
Publisher : Brookings Institution Press
ISBN 13 : 0815707339
Total Pages : 182 pages
Book Rating : 4.32/5 ( download)

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Download or read book Courts and Congress written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role should the Senate play in the selection and confirmation of judges? What criteria are appropriate in evaluating nominees? What kinds of questions and answers are appropriate in confirmation hearings? How do judges interpret laws enacted by Congress, and what problems do they face? And what kinds of communications are proper between judges and legislators? These questions go to the heart of the relationship between the federal judiciary and Congress—a relationship that critically shapes the administration of justice. The judiciary needs an environment respectful of its mission; and the legislative branch seeks a judicial system that faithfully construes its laws and efficiently discharges justice. But the judicial-congressional relationship is hindered by an array of issues, including an ever-rising judicial caseload, federalization of the law, resource constraints, concerns about the confirmation process, increasing legislative scrutiny of judicial decisionmaking and the administration of justice, and debates about how the courts should interpret legislation. Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional relations. After identifying problems, he offers ways to improve understanding between the two branches. Copublished with the Governance Institute

Author : R. C. van Caenegem
Publisher : Cambridge University Press
ISBN 13 : 9780521438179
Total Pages : 230 pages
Book Rating : 4.79/5 ( download)

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Download or read book Judges, Legislators and Professors written by R. C. van Caenegem and published by Cambridge University Press. This book was released on 1987 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judges, legislators and professors one of the world's foremost legal historians shows how and why continental and common law have come to diverge so sharply. Using ten specific examples he investigates the development of European law, not as the manifestation of certain ideological and intellectual trends, but as largely the result of power struggles between the judiciary, the legislators, and legal scholars, each representing certain political and social ambitions. Now available in paperback, Judges, legislators and professors provides an historical introduction to continental law which is readily accessible to readers familiar with the common law tradition and vice-versa.

Author : Robert A. Katzmann
Publisher : Brookings Inst Press
ISBN 13 : 9780815748625
Total Pages : 200 pages
Book Rating : 4.20/5 ( download)

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Download or read book Judges and Legislators written by Robert A. Katzmann and published by Brookings Inst Press. This book was released on 1988 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Judiciary and Congress not only do not communicate on their most basic concerns; they do not know how they may properly do so," writes Frank M. Coffin, a federal appeals court judge and former representative, in Judges and Legislators. "The condition is that of a chronic, debilitating fever." Though the Senate lavishes it's attention from time to time on particular judicial nominees, Congress remains largely oblivious of the wellbeing of the federal judiciary as an institution. And the judiciary seems often unaware of the critical nuances of the legislative process. This state of affairs has had an adverse effect not only on relations between the two branches, but also on public policy more generally.Some forty-five people--including a Supreme Court justice, federal and state court judges, legislators and legislative staffers, scholars, and members of the private bar--gathered for a series of discussion to identify fundamental issues affecting judicial-congressional relations. The articles published in this volume are an outgrowth of those discussions.

Author : George I. Lovell
Publisher : Cambridge University Press
ISBN 13 : 1139440616
Total Pages : 314 pages
Book Rating : 4.15/5 ( download)

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Download or read book Legislative Deferrals written by George I. Lovell and published by Cambridge University Press. This book was released on 2003-03-31 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.

Author : Robert A. Katzmann
Publisher : Oxford University Press
ISBN 13 : 0199362149
Total Pages : 256 pages
Book Rating : 4.41/5 ( download)

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Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Author : West Virginia
Publisher :
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.2R/5 ( download)

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Download or read book Acts of the Legislature of West Virginia written by West Virginia and published by . This book was released on 1865 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674504070
Total Pages : 398 pages
Book Rating : 4.73/5 ( download)

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Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Author : John J. Dinan
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.38/5 ( download)

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Download or read book Keeping the People's Liberties written by John J. Dinan and published by . This book was released on 1998 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4. The theory and design of populist institutions

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.77/5 ( download)

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Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.