Judicial Politics in Texas

Judicial Politics in Texas
Author: Kyle Cheek
Publisher: Peter Lang
Total Pages: 204
Release: 2005
Genre: Business & Economics
ISBN: 9780820467672

In recent years, judicial elections have changed dramatically. The elections themselves have become increasingly partisan, interest group involvement in judicial races has escalated, recent court decisions have freed judicial candidates to speak more openly than ever before about their judicial ideologies, and the tenor of judicial campaigns has departed significantly from what were once low-key, sleepy affairs. This book examines the evolution of the new rough-and-tumble politics of judicial elections by focusing on Texas, a bellwether for the new judicial selection politics in America. The Texas experience illustrates what can - and usually will - go wrong when judges are elected, and lays the path for meaningful reforms to stem the tide of the new politics of judicial elections.

Comparative Judicial Politics

Comparative Judicial Politics
Author: Mary L. Volcansek
Publisher: Rowman & Littlefield
Total Pages: 249
Release: 2019-02-18
Genre: Political Science
ISBN: 1538104733

Comparative Judicial Politics synthesizes the now extensive scholarly work on judicial politics from around the world, focusing on legal traditions, lawyers, judges, constitutional review, international and transnational courts, and the impact and legitimacy of courts. It offers typologies where relevant and intentionally raises questions to challenge readers’ preconceptions of “best” practices.

The Political Constitution

The Political Constitution
Author: Greg Weiner
Publisher: University Press of Kansas
Total Pages: 224
Release: 2019-08-02
Genre: Political Science
ISBN: 0700628371

Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands. At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depends.

Electing Judges

Electing Judges
Author: James L. Gibson
Publisher: University of Chicago Press
Total Pages: 240
Release: 2012-09-20
Genre: Law
ISBN: 0226291073

"In Electing Judges, James L. Gibson responds to the growing chorus of critics who fear that the politics of running for office undermine judicial independence. While many people have opinions on the topic, few have supported them with empirical evidence. Gibson rectifies this situation, offering the most systematic study to date of the impact of campaigns on public perceptions of fairness, impartiality, and the legitimacy of elected state courts-and his findings are both counterintuitive and controversial"--Page [four] of cover.

The Politics of Judicial Independence

The Politics of Judicial Independence
Author: Bruce Peabody
Publisher: JHU Press
Total Pages: 347
Release: 2011
Genre: Law
ISBN: 0801897718

2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.

Judicial Reform in the States

Judicial Reform in the States
Author: Anthony Champagne
Publisher:
Total Pages: 0
Release: 1993
Genre: Law
ISBN: 9780819189233

This book analyzes the politics of judicial selection in seven states from an interest group perspective. It is unique in that it offers a multi-state comparative study in a previously neglected field of political science. Champagne and Haydel and the contributors are scholars interested in state judicial reform and have tried to develop findings on single states into a book which allows the reader to examine developments and patterns of reform movements in several states. Rather than viewing judicial selection as a 'good government' issue, the book explores who gets what and how from selection politics. Contents: Introduction, Anthony Champagne and Judith Haydel; Judicial Reform in North Carolina, James Drennan; Judicial Reform in Ohio, John Felice, John Kilwein and Eliot Slotnick; Judicial Reform in Louisiana, Judith Haydel and Tom Ferrell; Judicial Reform in Texas, Anthony Champagne; Judicial Reform in Pennsylvania, Voorhees Dunn; Judicial Reform in California, John Culver and John Wold; Judicial Reform in Washington, David Burke; Conclusion, Anthony Champagne and Judith Haydel; Index.

Are Judges Political?

Are Judges Political?
Author: Cass R. Sunstein
Publisher: Rowman & Littlefield
Total Pages: 194
Release: 2007-02-01
Genre: Law
ISBN: 0815782357

Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.

The Limits of Judicial Independence

The Limits of Judicial Independence
Author: Tom S. Clark
Publisher: Cambridge University Press
Total Pages: 357
Release: 2010-11-22
Genre: Political Science
ISBN: 1139492314

This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.

Advice and Consent

Advice and Consent
Author: Lee Epstein
Publisher: Oxford University Press
Total Pages: 193
Release: 2005-09-15
Genre: Political Science
ISBN: 0195345835

From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.

Lone Star Politics

Lone Star Politics
Author: Ken Collier
Publisher: CQ Press
Total Pages: 769
Release: 2020-12-10
Genre: Political Science
ISBN: 1071808923

In Texas, myth often clashes with the reality of everyday government. Explore the state′s rich political tradition with Lone Star Politics as the author team explains who gets what and how. Utilizing a comparative approach, the authors set Texas in context with other states′ constitutions, policymaking, electoral practices, and institutions as they delve into the evolution of its politics. Critical thinking questions and unvarnished "Winners and Losers" discussions guide students toward understanding Texas government and assessing the state′s political landscape. The highly anticipated Seventh Edition includes coverage of the state′s response to the COVID pandemic, brand new chapter-level learning objectives, updated demographic and immigration statistics, and new Discussion Starter questions to help in-class discussion on critical policy debates. Digital Option / Courseware SAGE Vantage is an intuitive digital platform that delivers this text’s content and course materials in a learning experience that offers auto-graded assignments and interactive multimedia tools, all carefully designed to ignite student engagement and drive critical thinking. Built with you and your students in mind, it offers simple course set-up and enables students to better prepare for class. Assignable Video with Assessment Assignable video (available with SAGE Vantage) is tied to learning objectives and curated exclusively for this text to bring concepts to life. LMS Cartridge: Import this title’s instructor resources into your school’s learning management system (LMS) and save time. Don’t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. CQ Press Lecture Spark: Designed to save you time and ignite student engagement, these free weekly lecture launchers focus on current event topics tied to key concepts in American Government.