Decisions on the U S Courts of Appeals

Author: Ashlyn Kuersten
Publisher: Routledge
ISBN: 1135700702
Format: PDF
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This book provides institutional information as well as practical usage information on the U.S. Courts of Appeals. In addition, it includes important statistical information for researchers and students interested in a variety of topics less directly related to the judiciary.

Inside Appellate Courts

Author: Jonathan M. Cohen
Publisher: University of Michigan Press
ISBN: 9780472024032
Format: PDF, ePub, Docs
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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geographic location, the role of argumentation, the use of visiting judges, the significance of the increasing use of unpublished decisions, and the nature and role of court culture.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.

Making Law in the United States Courts of Appeals

Author: David E. Klein
Publisher: Cambridge University Press
ISBN: 9780521891455
Format: PDF, Kindle
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This book asks how federal court judges decide cases when faced with unsettled issues of law. Specifically, how much and why are their decisions influenced by higher court judges or other judges at the same level as themselves? To answer these questions, the author relies on statistical analyses of decisions and interviews with court of appeals judges. The key findings are that judges give serious attention to the work of colleagues of equal authority, but demonstrate substantial independence from the Supreme Court.

Federal Courts Standards of Review

Author: Harry T. Edwards
Publisher: West Group
Format: PDF, Docs
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This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.

Diversity Matters

Author: Susan B. Haire
Publisher: University of Virginia Press
ISBN: 0813937191
Format: PDF, Docs
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Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts. Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.

Courts of Appeals in the Federal Judicial System

Author: J. Woodford Howard Jr.
Publisher: Princeton University Press
ISBN: 1400855454
Format: PDF, ePub
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Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges in making law and policy; and third, how can quality judicial decisions be maintained under heavy-volume pressure. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

USA V Farhane

Author: Raymond J. Dearie
Publisher: DIANE Publishing
ISBN: 1437981283
Format: PDF, Docs
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In this appeal from a judgment of conviction entered after a jury trial in the U.S. Dist. Court for the Southern Dist. of NY, defendant Rafiq Sabir contends that: (1) 18 U.S.C. 2339B, under which he was convicted for providing and conspiring to provide material support to a terrorist org., is unconstitutionally vague; (2) the trial evidence was insufficient to support his conviction; (3) the gov't's. use of peremptory juror challenges exhibited racial bias in viol'n. of the 14th Amend.; (4) erroneous evidentiary rulings violated his rights to a fair trial; (5) the dist. court abused its discretion in addressing alleged juror misconduct; and (6) the gov't's. rebuttal summation deprived him of a fair trial. This decision rejects these arguments as without merit. This is a print on demand pub.