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The Elevator Effect
"The Elevator Effect: Contact and Collegiality in the American Judiciary presents a comprehensive, first of its kind examination of the importance of interpersonal relationships among judges for judicial decisionmaking and legal development. Regarding decisionmaking, the authors demonstrate that more frequent interpersonal contact among judges diminishes the role of ideology in judicial decisionmaking to the point where it is both substantively and statistically imperceptible. This finding stands in stark contrast to judicial decisionmaking accounts that present ideology as an unwavering determinant of judicial choice. With regard to legal development, the book shows that collegiality affect...
Persuading the Supreme Court
Each year the public, media, and government wait in anticipation for the Supreme Court to announce major decisions. These opinions have shaped legal policy in areas as important as healthcare, marriage, abortion, and immigration. It is not surprising that parties and outside individuals and interest groups seeking to impact these rulings invest an estimated $25 million to $50 million a year to produce roughly one thousand amicus briefs to communicate information to the justices. Despite the importance of the Court and the information it receives, many questions remain unanswered regarding the production of such information and its relationship to the Court’s decisions. Persuading the Supre...
Research Handbook on Judicial Politics
This timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.
Free to Judge
The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign ...
The Oxford Handbook of Comparative Judicial Behaviour
These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars—and mostly political scientists at that—now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society. Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals—providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advoc...
Daring Democracy
An optimistic book for Americans who are asking, in the wake of Trump’s victory, What do we do now? The answer: We need to organize and fight to protect and expand our democracy. Americans are distraught as tightly held economic and political power drowns out their voices and values. Legendary Diet for a Small Planet author Frances Moore Lappé and organizer-scholar Adam Eichen offer a fresh, surprising response to this core crisis. This intergenerational duo opens with an essential truth: It’s not the magnitude of a challenge that crushes the human spirit. It’s feeling powerless—in this case, fearing that to stand up for democracy is futile. It’s not, Lappé and Eichen argue. With...
The Law of Loyalty
This monograph elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.
Ethical Problems in the Practice of Law
This problem-based book reflects the authors’ broad range of teaching, clinical, and policy-making experience. The book’s carefully crafted ethical problems challenge students to engage in a deep analysis and participate in lively class discussion. Features include: Real-world problems, most based on actual cases, in which students are asked to step into the shoes of practicing lawyers to confront difficult ethical dilemmas that often arise in practice. The law governing lawyers explained in an accessible question-and-answer format. A succinct explanation of relevant Model Rules and other law governing lawyers, including examples from disciplinary and malpractice cases. An opportunity fo...
