[PDF] Inside Appellate Courts eBook

Author : Jonathan M. Cohen
Publisher : University of Michigan Press
Page : 246 pages
File Size : 36,95 MB
Release : 2009-12-10
Category : Law
ISBN : 0472024035

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Inside Appellate Courts is a comprehensive study of how the organization of a court affects the decisions of appellate judges. Drawing on interviews with more than seventy federal appellate judges and law clerks, Jonathan M. Cohen challenges the assumption that increasing caseloads and bureaucratization have impinged on judges' abilities to bestow justice. By viewing the courts of appeals as large-scale organizations, Inside Appellate Courts shows how courts have walked the tightrope between justice and efficiency to increase the number of cases they decide without sacrificing their ability to dispense a high level of justice. Cohen theorizes that, like large corporations, the courts must overcome the critical tension between the autonomy of the judges and their interdependence and coordination. However, unlike corporations, courts lack a central office to coordinate the balance between independence and interdependence. Cohen investigates how courts have dealt with this tension by examining topics such as the role of law clerks, methods of communication between judges, the effect of a court's size and geographic location, the role of argumentation, the use of visiting judges, the significance of the increasing use of unpublished decisions, and the nature and role of court culture. Inside Appellate Courts offers the first comprehensive organizational study of the appellate judicial process. It will be of interest to the social scientist studying organizations, the sociology of law, and comparative dispute resolution and have a wide appeal to the legal audience, especially practicing lawyers, legal scholars, and judges. Jonathan M. Cohen is Attorney at Gilbert, Heintz, and Randolph LLP.

Author : Jonathan M. Cohen
Publisher : University of Michigan Press
Page : 246 pages
File Size : 19,27 MB
Release : 2002-01-10
Category : Law
ISBN : 0472112562

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DIVOffers an in-depth consideration of how the United States Courts of Appeal operate /div

Author : Daniel John Meador
Publisher : LexisNexis/Matthew Bender
Page : 1198 pages
File Size : 30,72 MB
Release : 2006
Category : Appellate courts
ISBN :

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This edition promises to redefine the canon of the study of appellate courts, continuing the comprehensiveness and increasing the depth of the First Edition. This edition of Appellate Courts provides teachers with choices that are suitable for a two- or three-unit course or a seminar. The book permits emphasis on either appellate jurisdiction and practice or on the structural and policy aspects of appellate court organization and administration. All the chapters have been revamped and updated, with coverage of appellate jurisdiction substantially expanded. Using both classic and new cases, the book examines theoretical and practical issues arising from the appellate courts' dual roles to correct trial court error and to generate common law. Its coverage of the dramatic rise in the volume of appeals and the resultant institutional reforms far surpasses that of any other law school course book. Fresh materials present new perspectives on appellate structures, personnel, and procedures--preparing students to practice in the contemporary state and federal appellate courts. This provocative book considers such issues as the delegation of responsibility to law clerks and staff attorneys, the threats to judicial collegiality, the selection of state and federal judges--including the regulation of judicial candidates' speech, and the role and ethics of the appellate lawyer. It devotes a separate chapter to the U.S. Supreme Court's discretionary jurisdiction while another chapter draws upon Professor Meador's unique understanding of the English and German appellate systems to contrast those systems with our own. In short, this book is unique in not only exploring appellate jurisdiction and procedure but also in taking the measure of the appellate courts in all their dimensions as important institutions in the American legal order. The Teacher's Manual also has been updated and greatly expanded to assist both experienced and less-experienced teachers. It includes discussion of the principal cases and secondary materials as well as expert suggestions concerning answers to questions posed in the Notes. It also provides a wealth of supplemental material to bolster any professor's expertise and make it easy for an instructor new to the subject to teach from the book effectively and confidently.

Author : Frank B. Cross
Publisher : Stanford University Press
Page : 268 pages
File Size : 46,99 MB
Release : 2007
Category : Law
ISBN : 9780804757133

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This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 21,22 MB
Release : 2007
Category : Law
ISBN : 9781590318737

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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.

Author : William M. Richman
Publisher : Oxford University Press
Page : 252 pages
File Size : 39,98 MB
Release : 2012-12-20
Category : Law
ISBN : 0199367051

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The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the Circuit Courts (with a combined caseload of over 60,000) are, for practical purposes, the courts of last resort for all but a tiny fraction of federal court litigation. Thus, their significance, both for ultimate dispute resolution and for the formation and application of federal law, cannot be overstated. Yet, in the last forty years, a dramatic increase in caseload and a systemic resistance to an increased judgeship have led to a crisis. Signed published opinions form only a small percentage of dispositions; judges confer on fifty routine cases in an afternoon; and most litigants are denied oral argument completely. In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts; consider the merits and dangers of continued truncating procedures; catalogue and respond to the array of specious arguments against increasing the size of the judiciary; and consider several ways of reorganizing the circuit courts so that they can dispense traditional high quality appellate justice even as their caseloads and the number of appellate judgeships increase. The work serves as an analytical capstone to the authors' thirty years of research on the issue and will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts.

Author : Delmar Karlen
Publisher : Quid Pro Books
Page : 246 pages
File Size : 46,85 MB
Release : 2014-06-22
Category : Law
ISBN : 1610272587

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Considered a classic of comparative law and legal systems, this book has been twice reprinted since its first appearance 50 years ago, and is now available in a high-quality digital edition. No work has so openly and extensively—using hands-on observations by leading legal figures of the time—compared appellate courts in two common law countries. While much comparative work contrasts civil law systems with those of the common law, this study teased out substantial, impactful differences even within two traditional common law systems. The original project grew out of an intensive experiment in comparing the U.S. and English appellate courts, by which highly recognized American and English judges and lawyers met repeatedly to study and report on the appellate courts of each other's countries, with the goal of improving such courts in their own. Distinguished U.S. proceduralist Delmar Karlen of NYU then described in detail the tribunals studied, the observations of the participants, and areas of judicial administration; then he compared and contrasted appellate procedures and structures in each country, in an extensive conclusion. The work remains invaluable for legal scholars, judicial administrators, and political scientists. The 2014 ebook edition by Quid Pro Books is an unabridged and carefully proofread republication of the original NYU work (in substance the same as the 1984 and 2004 reprint editions by other publishers), adding quality digital features to enhance its present use. These features include active Contents, linked notes, linked cross-references within the book, and even a fully-linked Index that tracks the original pagination of print editions. A new paperback edition is also available from Quid Pro.