The Lawyer-Judge Bias in the American Legal System

The Lawyer-Judge Bias in the American Legal System
Author: Benjamin H. Barton
Publisher: Cambridge University Press
Total Pages: 313
Release: 2010-12-31
Genre: Law
ISBN: 1139495585

Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

The Behavior of Federal Judges

The Behavior of Federal Judges
Author: Lee Epstein
Publisher: Harvard University Press
Total Pages: 491
Release: 2013-01-07
Genre: Law
ISBN: 0674070682

Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.

Judge Richard S. Arnold

Judge Richard S. Arnold
Author: Polly J. Price
Publisher: Prometheus Books
Total Pages: 468
Release: 2009-09-25
Genre: Biography & Autobiography
ISBN: 161592101X

Through internal court documents, interviews, and Arnold's diaries, Price traces the former judge's life, career, and political transformation from an elite Southerner with deep misgivings about "Brown v. Board of Education" to a modern champion of civil rights.

Called to Justice

Called to Justice
Author: Warren K. Urbom
Publisher: U of Nebraska Press
Total Pages: 383
Release: 2012-10-01
Genre: Biography & Autobiography
ISBN: 0803244576

Early in his judicial career, U.S. District Judge Warren K. Urbom was assigned a yearlong string of criminal trials arising from a seventy-one-day armed standoff between the American Indian Movement and federal law enforcement at Wounded Knee, South Dakota. In Called to Justice Urbom provides the first behind-the-scenes look at what quickly became one of the most significant series of federal trials of the twentieth century. Yet Wounded Knee was only one set of monumental cases Urbom presided over during his years on the bench, a set that in turn forms but one chapter in a remarkable life story. Urbom’s memoir begins on a small farm in Nebraska during the dustbowl 1930s. From making it through the Great Depression and drought to serving in World War II, working summers for his father’s dirt-moving business, and going to school on the G.I. Bill, Urbom’s experiences constitute a classic American story of making the most of opportunity, inspiration, and a little luck. Urbom gives a candid account of his time as a trial lawyer and his early plans to become a minister—and of the effect both had on his judicial career. His story offers a rare inside view of what it means to be a federal judge—the nuts and bolts of conducting trials, weighing evidence, and making decisions—but also considers the questions of law and morality, all within the framework of a life well lived and richly recounted.

The Judge in a Democracy

The Judge in a Democracy
Author: Aharon Barak
Publisher: Princeton University Press
Total Pages: 355
Release: 2009-01-10
Genre: Law
ISBN: 1400827043

Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

All Rise

All Rise
Author: Louise Ann Fisch
Publisher: Texas A&M University Press
Total Pages: 252
Release: 1996
Genre: Biography & Autobiography
ISBN: 9780890967133

As an emerging power broker in the predominantly Anglo establishment, Garza personified the new elite in the Mexican American community and in the Democratic Party.

Henry Friendly, Greatest Judge of His Era

Henry Friendly, Greatest Judge of His Era
Author: David M. Dorsen
Publisher: Harvard University Press
Total Pages: 513
Release: 2012-04-10
Genre: Biography & Autobiography
ISBN: 0674064933

Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.