Divergent Paths

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674286030
Release Date: 2016-01-04
Genre: Law

Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

Divergent Paths

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674915619
Release Date: 2016-01-04
Genre: Law

Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

The Behavior of Federal Judges

Author: Lee Epstein
Publisher: Harvard University Press
ISBN: 9780674070684
Release Date: 2013-01-07
Genre: Law

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.

Proportionality Analysis and Models of Judicial Review

Author: Benedikt Pirker
Publisher: Europa Law Pub Netherlands
ISBN: 9089521410
Release Date: 2013
Genre: Law

Proportionality analysis describes a particular legal technique of resolving conflicts between human rights or constitutional rights and public interests through a process of balancing. However, as a general tendency, the current vivid academic debate on proportionality pays insufficient attention to the institutional context - the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, this book lays out a strategy for courts and tribunals to deal with the challenge of using proportionality analysis in an adequate manner, taking into account their situation and context of judicial review. For this purpose, the book develops the concept of models of judicial review in a first theoretical chapter. These models are then applied to six comparative case studies in German and US constitutional law, the law of the European Convention on Human Rights, European Union law, World Trade Organization law, and international investment law. (Series: European Administrative Law - Vol. 8)

The Little Book of Plagiarism

Author: Richard A. Posner
Publisher: Pantheon
ISBN: 9780307496539
Release Date: 2009-03-12
Genre: Social Science

A concise, lively, and bracing exploration of an issue bedeviling our cultural landscape–plagiarism in literature, academia, music, art, and film–by one of our most influential and controversial legal scholars. Best-selling novelists J. K. Rowling and Dan Brown, popular historians Doris Kearns Goodwin and Stephen Ambrose, Harvard law professor Charles Ogletree, first novelist Kaavya Viswanathan: all have rightly or wrongly been accused of plagiarism–theft of intellectual property–provoking widespread media punditry. But what exactly is plagiarism? How has the meaning of this notoriously ambiguous term changed over time as a consequence of historical and cultural transformations? Is the practice on the rise, or just more easily detectable by technological advances? How does the current market for expressive goods inform our own understanding of plagiarism? Is there really such a thing as “cryptomnesia,” the unconscious, unintentional appropriation of another’s work? What are the mysterious motives and curious excuses of plagiarists? What forms of punishment and absolution does this “sin” elicit? What is the good in certain types of plagiarism? Provocative, insightful, and extraordinary for its clarity and forthrightness, The Little Book of Plagiarism is an analytical tour de force in small, the work of “one of the top twenty legal thinkers in America” (Legal Affairs), a distinguished jurist renowned for his adventuresome intellect and daring iconoclasm. From the Hardcover edition.

Statutes in Court

Author: William D. Popkin
Publisher: Duke University Press
ISBN: 0822323281
Release Date: 1999
Genre: Law

A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author’s own theory of the proper scope of judicial discretion.

The Future of Law and Economics

Author: Guido Calabresi
Publisher: Yale University Press
ISBN: 9780300216264
Release Date: 2016-01-28
Genre: Law

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Reflections on Judging

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674184657
Release Date: 2013-10-07
Genre: Law

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

Out of Order

Author: Max Boot
Publisher: Basic Books (AZ)
ISBN: STANFORD:36105020178989
Release Date: 1998
Genre: Law

Citing real cases, the author explores how leniency has led the justice system to its current state where abuses of the legal process result in less protection for victims and more rights for the accused

Law and Legal Theory in England and America

Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 9780198264712
Release Date: 1996
Genre: Law

This work consists of a revised version of the first "Clarendon Law Lectures" delivered in October 1995. The book presents a comparative analysis of the English and American legal systems.

Teaching Law

Author: Robin West
Publisher: Cambridge University Press
ISBN: 9781107044531
Release Date: 2013-11-25
Genre: Law

This book suggests reforms to improve legal education and responds to concerns that law schools eschew the study of justice.

Judicial Independence and the American Constitution

Author: Martin H. Redish
Publisher: Stanford University Press
ISBN: 9781503601840
Release Date: 2017-03-21
Genre: Law

The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our representational form of government. This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. Judicial Independence and the American Constitution provocatively defends the centrality of these special protections of judicial independence. Martin H. Redish explains how the nation's system of counter-majoritarian constitutionalism cannot survive absent the vesting of final powers of constitutional interpretation and enforcement in the one branch of government expressly protected by the Constitution from direct political accountability: the judicial branch. He uncovers how the current framework of American constitutional law has been unwisely allowed to threaten or undermine these core precepts of judicial independence.

Reforming the Federal Judiciary

Author: Richard A. Posner
Publisher: Createspace Independent Publishing Platform
ISBN: 1976014794
Release Date: 2017-09-07
Genre: Courts

In this book Judge Posner focuses on the problems of the pro ses, the people, often prisoners, who bring lawsuits without a lawyer and the staff attorneys who review these lawsuits and make recommendations to the judges on how to decide the cases. He has done extensive research into the procedures of all thirteen circuits and compares their performance. This is the most extensive comparative review of the staff attorney programs in the circuit courts that has ever been done. Judge Posner has many suggestions for improving the way these cases are handled. In addition, he discusses the need for televising the circuit court hearings. He is a believer in government transparency, and feels the public should have easy access to the workings of the courts. Finally, he reviews the duties of the circuit chief judge and recommends clarification of the position.

In Spite of Innocence

Author: Michael L. Radelet
Publisher: UPNE
ISBN: 1555531970
Release Date: 1994
Genre: Social Science

Few errors made by society can compare with the horror of executing a person wrongly convicted of a crime. This sobering book, which includes an expanded preface, tells the personal stories of over 400 innocent Americans convicted of capital crimes. Some were actually executed; most suffered years of incarceration, many on death row.