Hard Judicial Choices

Author: Phillip J. Cooper
Publisher: Oxford University Press on Demand
ISBN: 0195041925
Size: 13.46 MB
Format: PDF, ePub
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In controversial court cases involving civil rights, schools and housing, prison reform, and other social issues, federal district court judges are often called upon to make some of the most difficult judicial decisions. How do these cases arise? How are they prosecuted and remedies fashioned when federally protected rights are violated? How can relations between federal judges and state and local officials be improved? This book--the first to attempt to look at such cases from the judge's point of view--examines some of these questions through five comparative case studies involving open housing in a Cleveland suburb, school desegregation in Detroit, mental health reform in Alabama, prison conditions in Ohio, and alleged police misconduct in Philadelphia. Cooper presents a clear overview of the remedial decree process and prefaces each of the case studies with a full chapter that sets the case in its legal, administrative, and political context. Taking a close look at the interactions between federal district court judges and state and local officials, this volume produces a model of remedial decree litigation that challenges widely held assumptions about the role of district court judges in such controversial cases.

Leadership On The Federal Bench

Author: Jeffrey B. Morris
Publisher: Oxford University Press
ISBN: 9780199877652
Size: 15.31 MB
Format: PDF, Kindle
View: 87

Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein considers the ways a particularly gifted federal judge seized the opportunities available to district judges to influence the results of the cases before him, and employed the tools available to him to make policy having a national impact. In the book, author Jeffrey Morris considers the ways in which the judge, Jack Weinstein of the Eastern District of New York, has been limited by his position. This book adds to the slim literature about the policy-making role of district judges applying the work of legal historians, political scientists and those trained in the law. Focusing upon an admitted judicial activist - perhaps the most famous, innovative and controversial district judge sitting today - the book permits a close look at activism at the trial level. Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein begins by analyzing the job of a federal district judge and why it is profitable to study Judge Weinstein. Related topics include Weinstein's background before appointment to the bench; the political and legal environment within which Weinstein has judged and the characteristics of the district in which he sat and its possible impact on him. Part of the book focuses on Weinstein's judicial output for each of his four decades on the bench. Cases are drawn from a diverse number of areas, among them the areas of civil rights, freedom of speech, search and seizures, organized crime and political corruption cases, evidence and procedure. Finally, conclusions are made on the role of district courts, judicial activism in general, along with a summary of Judge Weinstein's career.

Rise Of Judicial Management In The U S District Court Southern District Of Texas 1955 2000

Author: Steven Harmon Wilson
Publisher: University of Georgia Press
ISBN: 082032728X
Size: 17.52 MB
Format: PDF, Kindle
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This is the first book-length study of a federal district court to analyze the revolutionary changes in its mission, structure, policies, and procedures over the past four decades. As Steven Harmon Wilson chronicles the court's attempts to keep pace with an expanding, diversifying caseload, he situates those efforts within the social, cultural, and political expectations that have prompted the increase in judicial seats from four in 1955 to the current nineteen. Federal judges have progressed from being simply referees of legal disputes to managers of expanding courts, dockets, and staffs, says Wilson. The Southern District of Texas offers an especially instructive model by which to study this transformation. Not only does it contain a varied population of Hispanics, African Americans, and whites, but its jurisdiction includes an international border and some of the busiest seaports in the United States. Wilson identifies three areas of judicial management in which the shift has most clearly manifested itself. Through docket and case management judges have attempted to rationalize the flow of work through the litigation process. Lastly, and most controversially, judges have sought to bring "constitutionally flawed" institutions into compliance through "structural reform" rulings in areas such as housing, education, employment, and voting. Wilson draws on sources ranging from judicial biography and oral-history interviews to case files, published opinions, and administrative memoranda. Blending legal history with social science, this important new study ponders the changing meaning of federal judgeship as it shows how judicial management has both helped and hindered the resolution of legal conflicts and the protection of civil rights.

The Gatekeepers

Author: Kevin L. Lyles
Publisher: Greenwood Publishing Group
ISBN: 027596082X
Size: 10.86 MB
Format: PDF, ePub, Docs
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Overviews lower federal trial courts in historical, institutional, and functional contexts, then addresses the extent to which individual presidents have advanced particular policy objectives through their judicial appointments to federal district courts. Analysis of presidential policy preferences

The U S Justice System Law And Constitution In Early America

Author: Steven Harmon Wilson
Publisher: ABC-CLIO
ISBN: 9781598843040
Size: 13.10 MB
Format: PDF, ePub, Docs
View: 21

A comprehensive, three-volume set that provides detailed background essays, short topical entries, and primary document excerpts to explain the organization, history, and functioning of the U.S. justice system. * More than 50 contributing scholars provide a variety of expertise from the fields of law, history, and politics * A separate volume of primary source documents * A comprehensive bibliography as well as suggested readings for each essay and article * A glossary of hundreds of key terms like "contract," "injunction," and "precedent"

Justice Contained

Author: Lisa J. Conant
Publisher: Cornell University Press
ISBN: 0801439108
Size: 15.88 MB
Format: PDF
View: 74

In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.