Making Your Case
Title | Making Your Case PDF eBook |
Author | Antonin Scalia |
Publisher | West Publishing Company |
Pages | 0 |
Release | 2008 |
Genre | Appellate procedure |
ISBN | 9780314184719 |
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
Judges
Title | Judges PDF eBook |
Author | Susan Niditch |
Publisher | Presbyterian Publishing Corp |
Pages | 320 |
Release | 2011-03-01 |
Genre | Religion |
ISBN | 0664238319 |
Susan Niditch's commentary on the book of Judges pays careful attention to the literary and narrative techniques of the text and yields fresh readings of the book's difficult passages: stories of violence, ethnic conflict, and gender issues. Niditch aptly and richly conveys the theological impact and enduring significance of these stories. The Old Testament Library provides fresh and authoritative treatments of important aspects of Old Testament study through commentaries and general surveys. The contributors are scholars of international standing.
Judges and Their Audiences
Title | Judges and Their Audiences PDF eBook |
Author | Lawrence Baum |
Publisher | Princeton University Press |
Pages | 246 |
Release | 2009-01-10 |
Genre | Law |
ISBN | 140082754X |
What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.
How Judges Think
Title | How Judges Think PDF eBook |
Author | Richard A. Posner |
Publisher | Harvard University Press |
Pages | 399 |
Release | 2010-05-01 |
Genre | Law |
ISBN | 0674033833 |
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
The Book of Judges
Title | The Book of Judges PDF eBook |
Author | Barry G. Webb |
Publisher | Wm. B. Eerdmans Publishing |
Pages | 578 |
Release | 2012-12-20 |
Genre | Religion |
ISBN | 1467436399 |
Eminently readable, exegetically thorough, and written in an emotionally warm style that flows from his keen sensitivity to the text, Barry Webb’s commentary on Judges is just what is needed to properly engage a dynamic, narrative work like the book of Judges. It discusses not only unique features of the stories themselves but also such issues as the violent nature of Judges, how women are portrayed in it, and how it relates to the Christian gospel of the New Testament. Webb concentrates throughout on what the biblical text itself throws into prominence, giving space to background issues only when they cast significant light on the foreground. For those who want more, the footnotes and bibliography provide helpful guidance. The end result is a welcome resource for interpreting one of the most challenging books in the Old Testament.
How Do Judges Decide?
Title | How Do Judges Decide? PDF eBook |
Author | Cassia Spohn |
Publisher | SAGE |
Pages | 377 |
Release | 2009 |
Genre | Law |
ISBN | 1412961041 |
How are sentences for Federal, State, and Local crimes determined in the United States? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? This text for advanced undergraduate students in criminal justice programs seeks to answer these questions.
The Behavior of Federal Judges
Title | The Behavior of Federal Judges PDF eBook |
Author | Lee Epstein |
Publisher | Harvard University Press |
Pages | 441 |
Release | 2013-01-07 |
Genre | Law |
ISBN | 0674067320 |
Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.