Courtiers Of The Marble Palace
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Author | : Todd C. Peppers |
Publisher | : Stanford University Press |
Total Pages | : 332 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9780804753821 |
Courtiers of the Marble Palace explores how law clerks are hired and utilized by United States Supreme Court justices.
Author | : Artemus Ward |
Publisher | : NYU Press |
Total Pages | : 352 |
Release | : 2007 |
Genre | : Law |
ISBN | : 0814794203 |
"Ward and Weiden have produced that rare book that is both a meticulous piece of scholarship and a good read. The authors have . . . sifted through a varied and voluminous amount of archival material, winnowing out the chaff and leaving the excellent wheat for our consumption. They marry this extensive archival research with original survey data, using both to great effect." --Law and Politics Book Review"Helps illuminate the inner workings of an institution that is still largely shrouded in mystery." --The Wall Street Journal Online"The main quibble . . . with contemporary law clerks is that they wield too much influence over their justices' opinion-writing. Artemus and Weiden broaden this concern to the clerks' influence on the thinking of the justices about how to decide cases." --Slate.comProvides excellent insight into the inner workings of the Supreme Court, how it selects cases for review, what pressures are brought to bear on the justices, and how the final opinions are produced. Recommended for all academic libraries. --Library JournalArtemus Ward and David L. Weiden argue that the clerks have more power than they used to have, and probably more power than they should. --Washington PostThe book contains a wealth of historical information. . . . A reader can learn a lot from this pioneering study. --Cleveland Plain DealerMeticulous in scholarship. . . . Sorcerers' Apprentices presents convincing statistical evidence that the aggregate time that law clerks spend on certiorari memos has fallen considerably because of the reduction in the number of memos written by each clerk. --Judge Richard A. Posner in The New RepublicBased on judicial working papers and extensive interviews, the authors have compiled the most complete picture to dat
Author | : Todd C. Peppers |
Publisher | : University of Virginia Press |
Total Pages | : 519 |
Release | : 2012 |
Genre | : Biography & Autobiography |
ISBN | : 0813932653 |
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 | : Ronald K.L. Collins |
Publisher | : Oxford University Press |
Total Pages | : 297 |
Release | : 2017-09-01 |
Genre | : Law |
ISBN | : 0190490160 |
There is no book of political strategy more canonical than Niccolò Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.
Author | : conte Baldassarre Castiglione |
Publisher | : |
Total Pages | : 526 |
Release | : 1903 |
Genre | : Courtesy |
ISBN | : |
Author | : Bradly W. Reed |
Publisher | : Stanford University Press |
Total Pages | : 458 |
Release | : 2000-03-01 |
Genre | : Political Science |
ISBN | : 0804779953 |
For commoners in the Qing dynasty, the most salient agents of the imperial state were not the emperor's appointed officials but rather the clerks and runners of the county yamen, the lowest level of functionaries in the Qing state's administrative hierarchy. Yet until now we have known very little about these critically important persons beyond the caricatured portrayals of corruption and venality left by Qing high officials and elites. Drawing from the rich archival records of Ba county, Sichuan, the author challenges the simplicity of these portrayals by taking us inside the county yamen to provide the first detailed look at local administrative practice from the perspective of those who actually carried it out. Who were the county clerks and runners? How were they recruited, organized, disciplined, and rewarded? What was the economic basis for a career in the yamen? How did clerks and runners view themselves as well as legitimize their role in Qing government? And what impact did their interests and practices have on symbolically laden elements of imperial government such as the magistrate's court? In addressing these questions, the author traverses the disjuncture between statutory regulations and the realities of daily administrative practice, uncovering a realm of informal, semiautonomous, yet highly structured and even rationalized procedures. Although frequently in violation of formal law, this extra-statutory system nevertheless remained an irreducible component of local government under the Qing. Recognizing the centrality of such informal practice to yamen administration forces us to rethink not only traditional assumptions concerning local corruption in the Qing, but also the ways in which we conceptualize the boundaries between state and society in late imperial China.
Author | : Baldassarre Castiglione |
Publisher | : |
Total Pages | : 324 |
Release | : 1928 |
Genre | : |
ISBN | : |
Author | : Todd C. Peppers |
Publisher | : University of Virginia Press |
Total Pages | : 519 |
Release | : 2012-03-05 |
Genre | : Law |
ISBN | : 0813932661 |
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 | : Kimberly Brubaker Bradley |
Publisher | : Simon and Schuster |
Total Pages | : 210 |
Release | : 2009-09-15 |
Genre | : Juvenile Fiction |
ISBN | : 1416985832 |
This vivid portrait of France on the eve of the Revolution is also a touching tale of two friends torn apart by class and the powerful political force of democratic freedom.
Author | : Alan Paterson |
Publisher | : A&C Black |
Total Pages | : 593 |
Release | : 2014-07-18 |
Genre | : Law |
ISBN | : 1782252797 |
Winner of the Inner Temple book prize 2015 and the Socio-Legal Studies Association Book prize 2014/15 The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court