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.

Building the Judiciary

Author: Justin Crowe
Publisher: Princeton University Press
ISBN: 9781400842575
Release Date: 2012-03-25
Genre: Political Science

How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.

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.

Judging Under Uncertainty

Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 0674022106
Release Date: 2006
Genre: Law

In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty. In view of their limited information and competence, judges should adopt a restrictive, unambitious set of tools for interpreting statutory and constitutional provisions.

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.

The Federal Judiciary

Author: Richard A. Posner
Publisher:
ISBN: 0674975774
Release Date: 2017
Genre: Law

No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. He exposes the failures of the institution designed by the founders to check congressional and presidential power and resist its abuse, and offers practical prescriptions for reform.

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.

Acquittal

Author: Richard Gabriel
Publisher: Penguin
ISBN: 9781101637173
Release Date: 2014-06-03
Genre: Social Science

October 3, 1995. The shocking outcome of the O.J. Simpson trial leaves a nation divided. July 5, 2011. Casey Anthony walks free despite being convicted by millions on cable news and social media. There are times when something as supposedly simple as a just verdict rises to the level of cultural touchstone. Often these moments hinge on logic that seems flawed and inexplicable—until now. In Acquittal, leading trial consultant Richard Gabriel explains how some of the most controversial verdicts in recent times came to be. Drawing on more than twenty-eight years of experience, Gabriel provides firsthand accounts of his work on high-profile cases, from the tabloid trials of Casey Anthony, O.J. Simpson, Phil Spector, and Heidi Fleiss to the political firestorms involving Enron and Whitewater. An expert on court psychology and communications, Gabriel offers unique insights on defendants, prosecutors, judges, witnesses, journalists, and the most important people in the room: the jury. Through play-by-play breakdowns of the proceedings, Gabriel reveals the differences between a court of law and the court of public opinion, the convoluted mechanics behind jury selection, strategies for creating a careful balance of evidence and doubt, and the difficulties of providing a fair trial in the digital age. Along the way, Gabriel raises hard questions about not only the legal system but about the possibility of justice in an oversaturated media landscape. The courtroom is a natural theater. The stakes are high. The roles are all too familiar. And there is always the chance of a twist ending. Acquittal is a revelatory guide to this riveting, frustrating, fascinating world—the most unpredictable drama in American life.

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.

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

Judges on Trial

Author: Shimon Shetreet
Publisher: Cambridge University Press
ISBN: 9781107470064
Release Date: 2013-10-24
Genre: Law

The second edition of Judges on Trial articulates the rules, assumptions and practices which shape the culture of independence of the English judiciary today. Enhanced by interviews with English judges, legal scholars and professionals, it also outlines the factors that shape the modern meaning of judicial independence. The book discusses the contemporary issues of judicial governance, judicial appointments, the standards of conduct on and off the bench, the discipline and liability of judges and the relationship between judges and the media. It is accessible to an international audience of lawyers, political scientists and judges beyond the national realm.

Reason and Imagination

Author: Constance Jordan
Publisher: Oxford University Press
ISBN: 9780199899104
Release Date: 2013-01-17
Genre: Biography & Autobiography

Reason and Imagination: The Selected Correspondence of Learned Hand provides readers with an intimate look into the life and mind of Judge Learned Hand, an icon in American Law. This new book brings to light previously unpublished letters and gives readers insight into Hand's thoughts on American jurisprudence and policy. This new collection includes a preface by Ronald Dworkin.