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Diversity Matters
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 D...
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...
Checking the Courts
Examines and measures the extent to which statutory language affects judicial behavior. How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.
Research Handbook on Law and Political Systems
This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.
The Practice of Research in Criminology and Criminal Justice
Like its predecessors, this Fifth Edition of The Practice of Research in Criminology and Criminal Justice (by Ronet Bachman and Russell K. Schutt) provides complete coverage of the use and results of the contemporary methods employed in criminology and criminal justice research today. Specifically designed for undergraduate and beginning graduate criminal justice courses and programs, this text teaches research design and techniques within the context of substantive criminology and criminal justice issues of interest to students who will become professionals in the field. Students learn about the wide realm of research methods available to them, delve deeper into topics relevant to their field of study, and benefit from the wide variety of exercises included in the text and on the student study website that help them practice as they learn.
Continuity and Change on the United States Courts of Appeals
The first comprehensive examination of the shifting role of the Courts of Appeals
American Law in the Twentieth Century
American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social...
Legal Certainty in the Preliminary Reference Procedure
This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre.
The Oxford Handbook of U.S. Judicial Behavior
The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.
Beyond the Formalist-Realist Divide
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the for...
