Author: Todd C. Peppers
Publisher: University of Virginia Press
Release Date: 2012
Genre: Biography & Autobiography
Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist. In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III—write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.
Author: E. W. Thomas
Publisher: Cambridge University Press
Release Date: 2005-10-13
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
Author: Richard A. Posner
Publisher: Harvard University Press
Release Date: 2016-01-04
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.
Author: Edward Lazarus
Publisher: Penguin Group USA
Release Date: 2005-04-26
A former Supreme Court clerk reveals the judicial institution's inner workings and decision making processes, offering a detailed portrait of justice corrupted by politics and unduly influenced by the power of personality.
Author: Artemus Ward
Publisher: NYU Press
Release Date: 2006-04-01
Law clerks have been a permanent fixture in the halls of the United States Supreme Court from its founding, but the relationship between clerks and their justices has generally been cloaked in secrecy. While the role of the justice is both public and formal, particularly in terms of the decisions a justice makes and the power that he or she can wield in the American political system, the clerk has historically operated behind closed doors. Do clerks make actual decisions that they impart to justices, or are they only research assistants that carry out the instructions of the decision makers—the justices? Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers’ Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Court’s accountability to and relationship with the American public? Sorcerers’ Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justices will want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history.
Author: Clare Cushman
Publisher: University of Virginia Press
Release Date: 2015-12-03
Supreme Court justices have long relied on law clerks to help process the work of the Court. Yet few outside the Court are privy to the behind-the-scenes bonds that form between justices and their clerks. In Of Courtiers and Kings, Todd C. Peppers and Clare Cushman offer an intimate new look at the personal and professional relationships of law clerks with their justices. Going beyond the book’s widely acclaimed predecessor, I n Chambers, the vignettes collected here range from reflections on how serving as clerks at the Supreme Court impacted the careers of such justices as Stephen Breyer, Elena Kagan, William Rehnquist, John G. Roberts Jr., and John Paul Stevens to personal recollections written by parents and children who have both served as Supreme Court clerks. While individual essays often focus on a single justice and his or her corps of clerks—including how that justice selected and utilized the clerks—taken as a whole the volume provides a macro-level view of the evolution of the role of the Supreme Court law clerk. Drawing on a rich repository of such anecdotes, insights, and experience, the volume relates in a clear and accessible style how the clerking function has changed over time and what it is like for law clerks to be witnesses to history. Offering a rare glimpse into a normally unseen world, Of Courtiers and Kings reveals the Court’s increasing reliance on law clerks and raises important questions about the selection, utilization, and influence of law clerks. Praise for In Chambers: "An excellent book.... It's interesting for many different reasons, not the least of which as a reminder of how much of a bastion of elitism the Court has always been."—Atlantic Monthly "The best parts of the book are the behind-the-scenes descriptions of life at the court.... [A]n impressive and comprehensive book."—Associated Press
Author: Christopher E. Smith
Publisher: Wadsworth Publishing Company
Release Date: 1997-01-01
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: Robert A. Carp
Publisher: CQ Press
Release Date: 2015-12-30
Genre: Political Science
Known for shedding light on the link among the courts, public policy, and the political environment, Judicial Process in America provides a comprehensive overview of the American judiciary. In this Tenth Edition, authors Robert A. Carp, Ronald Stidham, Kenneth L. Manning, and Lisa M. Holmes examine the recent Supreme Court rulings on same-sex marriage and health care subsidies, the effect of three women justices on the Court’s patterns of decision, and the policy-making role of state tribunals. Original data on the decision-making behavior of the Obama trial judges—which are unavailable anywhere else—ensure this text’s position as a standard bearer in the field.
Author Debra M. Strauss explains all aspects of clerkships in this new 15th anniversary edition. The book includes updated information and resources as your go-to source on judicial clerkships, focusing on what clerkships are, what kind of work clerks do, why you should apply, how to find and apply for the type of clerkship that would be right for you, how to give a strong interview, and why clerkships give you stellar credentials that prospective employers will actively seek out. Behind the Bench: The Guide to Judicial Clerkships is filled with nuts and bolts advice on all aspects of the application process, including building a successful application, interviewing, etiquette of offers and acceptances, and special strategies designed to help you in your quest for the perfect clerkship. To further lay the groundwork for a positive experience, this title also features a special section on how to prepare for your clerkship, as well as the code of conduct for law clerks. With updated information and new resources, this is an indispensable handbook for every law student and potential judicial clerk!
Author: Jonathan M. Cohen
Publisher: University of Michigan Press
Release Date: 2009-12-10
Inside Appellate Courts is a comprehensive study of how the organization of a court affects the decisions of appellate judges. Drawing on interviews with more than seventy federal appellate judges and law clerks, Jonathan M. Cohen challenges the assumption that increasing caseloads and bureaucratization have impinged on judges' abilities to bestow justice. By viewing the courts of appeals as large-scale organizations, Inside Appellate Courts shows how courts have walked the tightrope between justice and efficiency to increase the number of cases they decide without sacrificing their ability to dispense a high level of justice. Cohen theorizes that, like large corporations, the courts must overcome the critical tension between the autonomy of the judges and their interdependence and coordination. However, unlike corporations, courts lack a central office to coordinate the balance between independence and interdependence. Cohen investigates how courts have dealt with this tension by examining topics such as the role of law clerks, methods of communication between judges, the effect of a court's size and geographic location, the role of argumentation, the use of visiting judges, the significance of the increasing use of unpublished decisions, and the nature and role of court culture. Inside Appellate Courts offers the first comprehensive organizational study of the appellate judicial process. It will be of interest to the social scientist studying organizations, the sociology of law, and comparative dispute resolution and have a wide appeal to the legal audience, especially practicing lawyers, legal scholars, and judges. Jonathan M. Cohen is Attorney at Gilbert, Heintz, and Randolph LLP.
Author: David W. Neubauer
Publisher: Cengage Learning
Release Date: 2012-01-13
Working within the framework of law and politics, JUDICIAL PROCESS combines detailed information about the major structures and processes of the American judiciary with an insider's understanding of the importance of courthouse dynamics. From the organization and procedures of the various courts to the current applications of specific laws, the Sixth Edition explores the roles and impact of the judicial system. Throughout the text, the authors not only explain what the legal rules are but also explore each rule's underlying assumptions, history, and goals, providing a complete and balanced look at the role of the judicial system today. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Jill Barton
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-09-12
This textbook offers concise guidance on how to become a successful judicial writer using common judicial documents, including bench memos, trial court orders, jury instructions, appellate opinions, dissents, and concurrences. So Ordered explains how to conceive, express, and revise each of the principal parts of these documents, from the case caption and introduction to the legal analysis and conclusion. Handpicked, annotated examples from the nation’s best judicial writers will inspire students to develop successful legal writing strategies and craft well-polished documents. A straightforward, accessible textbook that shows—rather than tells—students how to approach their writing assignments with care, So Ordered instills valuable lessons on lawyering that students can draw on throughout their careers.
Author: Brian L. Porto
Publisher: CRC Press
Release Date: 2008-10-17
Despite their clarity and sophistication, most judicial process texts currently available have two significant limitations. First, they understate the effects of legal factors such as stare decisis on judicial decision-making and second, they fail to convey the human emotions involved in litigation. Reflecting the author’s experience as a political scientist, law student, judicial clerk, practicing attorney, and law professor, May It Please the Court: Judicial Processes and Politics in America, Second Edition redresses this imbalance by giving well-deserved attention to legal influences on judicial decisions and to the human drama of litigation. Each chapter reflects the book’s premise that the judicial process operates at the intersection of law and politics, and this theme guides the discussions. The coverage in the book is far-reaching, exploring numerous topics, including the structure of federal and state courts, the selection and removal of judges, and the legal profession’s history and culture. It discusses two hypothetical cases, outlining their trial and appellate proceedings. It also presents an engaging debate about the legitimacy and the utility of judicial policy making. New to this edition: Expanded appendices, including a discussion of computerized legal research New illustrative cases, documents, and web references All chapters updated to reflect changes since the first publication in 2001 The final chapter summarizes the theme of the book, noting that courts not only enforce norms and resolve disputes, but also, as a coequal branch of government, shape the fundamental power relationships that drive American politics. The chapter ends by observing that the judicial process offers a window on the entire American political system. This book clarifies the view from that window.