Routledge Handbook of Judicial Behavior


Author: Robert M. Howard,Kirk A. Randazzo
Publisher: Routledge
ISBN: 1317430387
Category: Political Science
Page: 518
View: 7452

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Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective.? Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.

The Oxford Handbook of U. S. Judicial Behavior


Author: Lee Epstein,Stefanie A. Lindquist
Publisher: Oxford University Press
ISBN: 019957989X
Category: Political Science
Page: 592
View: 8785

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The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.

Judicial Writing Manual

A Pocket Guide for Judges
Author: Federal Judicial Federal Judicial Center
Publisher: Createspace Independent Publishing Platform
ISBN: 9781539435617
Category:
Page: 56
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This manual is not intended to proclaim the right way of writing an opinion. Anyone who attempts to announce authoritative rules of good writing invites debate and comparison. As one judge said, "I have one overarching rule. That is, don't have any such rules." Indeed, in a leading text on good writing, E. B. White acknowledged that "[s]tyle rules of this sort are, of course, somewhat a matter of individual preference, and even the established rules of grammar are open to challenge." Instead, the purpose of the manual is to stimulate judges to think as systematically about writing their opinions as they do about deciding their cases. Judges should ask themselves: Am I writing this way because this is how I've always done it, or is there a better way? Is there a reason for organizing the opinion this way? For including these particular facts? For discussing this issue at length? For citing this case? Is this sentence clear? Are all the words in it necessary? In the following parts, the manual takes readers through the opinion-writing process. Part 2 suggests issues to consider in deciding whether to write a formal opinion, a memorandum, or an unpublished opinion. Part 3 discusses steps a judge should take before starting to write. Part 4 discusses the organization and content of an opinion. Part 5 offers suggestions on language, style, and editing. Part 6 presents considerations for cowriting an opinion, commenting on the opinions of other members of the court, and writing dissenting and concurring opinions. Part 7 contains a list of books and articles that may be useful to those who want to read more about judicial writing. The appendices provide examples of some of the writings discussed in the manual, such as summary orders and dissenting opinions.

Judicial Dissent in European Constitutional Courts

A Comparative and Legal Perspective
Author: Katalin Kelemen
Publisher: Routledge
ISBN: 1317110048
Category: Law
Page: 208
View: 3383

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Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.

Point Taken

How to Write Like the World's Best Judges
Author: Ross Guberman
Publisher: Oxford University Press
ISBN: 0190268603
Category: Law
Page: 352
View: 2671

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In Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 34 esteemed judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featured judges.

Write Well

25 Easy Rules to Improve Your Business Ans Professional Writing
Author: Mark P. Painter
Publisher: N.A
ISBN: 9780977272020
Category: English language
Page: 88
View: 5357

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The Handbook for the New Legal Writer


Author: Jill Barton,Rachel H. Smith
Publisher: Wolters Kluwer Law & Business
ISBN: 1454847484
Category: Law
Page: 336
View: 3626

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The Handbook for the New Legal Writer teaches the concepts and skills covered in the two-semester 1L legal writing and research course in a way that meets the needs of today's millennial law students. The focus of this new coursebook is on showing, not telling, students how to write effective legal documents. The authors provide practical instruction on the basic writing and research tasks an attorney does daily. The text covers objective writing, persuasive writing, and legal research and citation using a "handbook" format, which allows easy access to key information. It also provide the option of using the book as a reference tool later in law practice.

Winning On Appeal: Better Briefs and Oral Argument, Second Edition


Author: Hon. Ruggero J. Aldisert
Publisher: LexisNexis
ISBN: 1632814099
Category: Law
Page: N.A
View: 4402

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Winning on Appeal has been adopted by top-flight law schools for appellate advocacy courses. It also has become a popular desk reference on how to write an effective brief and deliver a persuasive oral argument. In the Second Edition, Ruggero J. Aldisert, a 40-year veteran of the federal appeals bench, fundamentally reorganizes the book. By creating 25 chapters in place of the previous 17, Aldisert creates a wonderfully instructive how-to manual for the appellate advocate and a must volume for those who select appellate advocates. Throughout Winning on Appeal, 19 current chief justices of state courts, nine chief judges of U.S. Courts of Appeals, more than 20 U.S. Circuit and state appellate judges contribute their thoughts on how to write a brief and how to argue a case-information that is not available in any other publication or resource. Judge Aldisert draws the perfect roadmap for the attorney who wants to win on appeal. Reviews "With 35 years on the appellate bench, Judge Aldisert has a huge network of friends in judicial and appellate practitioner ranks - people who now provide quotable guidance throughout his book, in one or a few sentences, on everything from perfecting the written argument to pet peeves, from vignettes on being persuasive to a "compendium of advice" on what makes a brief effective." -Oregon Bar Bulletin "Winning on Appeal is an impressive achievement. Appellate lawyers and judges will profit immensely from consulting it." -William J. Brennan, Jr., Justice, U.S. Supreme Court (1957-1990) "Told from a judge's viewpoint, the book is an expose of appellate lawyering from the other side of the bench. It fills a curious void in the existing literature on appellate advocacy, until now authored almost exclusively by non-judges. While practitioners and academics often have invaluable insights, theirs is only half the story." -Alex Kozinski, Judge, U.S. Court of Appeals for the Ninth Circuit

Opinion Writing


Author: Ruggero J. Aldisert
Publisher: AuthorHouse
ISBN: 1438982275
Category: Law
Page: 334
View: 5307

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This book is based on real life experiences where the possibility of the living being able to communicate with the deceased is investigated. The belief in reincarnation and life after death raises a tantalising question: Can the living communicate with the dead? Most churchmen and scientists are sceptical, but many people, including churchmen and scientists, believe such a thing is possible. The belief in the immortal soul is a dogma of Christianity (resurrection), Hinduism (reincarnation or samsara), Islam (Day of Judgement), Judaism (sheol), and the Shona (NyikaDzimu). Moreover, man has been familiar with the concept of life after death since time immemorial. Immortality has been rejected by those who feel its only basis is wishful thinking that when the body dies, the personality dies with it because it is part of the physical body. Believers can cite the resurrection of Jesus, and maintain that since life on earth is not completely fulfilled an afterlife is necessary for completion. Another argument in favour of an afterlife is that since matter and energy may be transformed but not destroyed, neither can personality, which exists just as do the elements in nature, be destroyed. In many of the ancient societies, including Egypt and Greece, dreaming was considered a supernatural communication or a means of divine intervention, whose message could be unravelled by those with certain powers. In modern times, various schools of psychology have offered theories about the meaning of dreams. In Communication with the Deceased is meant to serve only as a basis for reflection in order for the reader to examine all the clues and then derive further meaning from specific circumstances of his/her own dreams. To be able to interpret a dream, one does not need to have an academic degree in psychology. What is important is to use one's instinct and common sense. Try to develop your own personal insights into what the common symbols in your dreams mean. When it comes to dream symbols, there are no equivocally universal rules or meanings. Dreams dictionaries help by providing hints at the meaning of symbols that appear in one's dreams. This book is of value to those studying psychology and those participating

Judicial Review Handbook


Author: Michael Fordham
Publisher: Bloomsbury Publishing
ISBN: 1782250298
Category: Law
Page: 890
View: 1519

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Writing in the fifth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to extract, classify and present illustrations and statements of principle". Behind this aim lay the practitioner's overwhelming need to know and understand the case-law. Without it, as Fordham says "much can be achieved in public law through instinct, experience and familiarity with general principles which are broad, flexible and designed to accord with common sense". But with knowledge of the case law comes the vital ability to be able to point to and rely on an authoritative statement of principle and working illustration. Knowing the case-law is crucial: "the challenge is to find it". This, the sixth edition of the Handbook, continues the tradition established by earlier editions, in rendering the voluminous case-law accessible and knowable. This Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the sixth edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Their impact, and the plethora of cases which explore their meaning and application, were fully analysed and evaluated in the previous edition, but this time around their importance has grown exponentially and is reflected in even greater attention being given to their respective roles. Attention is also given to another new development - the coming into existence of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the early signs from a Court that is expected to be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)

The Legal Writing Handbook

Analysis, Research, and Writing
Author: Laurel Currie Oates
Publisher: Wolters Kluwer Law & Business
ISBN: 1454845597
Category: Law
Page: 948
View: 4095

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The Legal Writing Handbook: Analysis, Research, and Writing, continues in the tradition that has made it a resounding success and a leading text for almost two decades, offering a complete teaching package with everything a student needs for the legal writing course. Features: Updated with the goal of making students practice ready. New chapter on writing e-memos, that is, shorter, less formal memos that might be embedded in an email. Exercises added to the research chapters Expanded chapter on letters that discusses both opinion letters and demand letters.

The Indigo Book


Author: Christopher Jon Sprigman
Publisher: Lulu.com
ISBN: 1892628023
Category: Citation of legal authorities
Page: 201
View: 8344

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This public domain book is an open and compatible implementation of the Uniform System of Citation.

Writing to Win

The Legal Writer
Author: Steven D. Stark
Publisher: Three Rivers Press
ISBN: 0307888746
Category: Law
Page: 320
View: 679

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From a master teacher, a results-oriented approach to powerful legal writing that communicates, that persuades--and that wins. Of all the professions, the law has the most deserved reputation for opaque, jargon-clogged writing. Legal education, which focuses on judicial opinions, not instruments of persuasion, is partly to blame. Yet forceful writing is one of the most potent weapons of legal advocacy. In Writing to Win, Steve Stark, a former teacher of writing at Harvard Law, who has taught thousands of aspiring and practicing lawyers, has written the only book on the market that applies the universal principles of vigorous prose to the job of making a case--and winning it. Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life writing--as well as models drawn from advertising, journalism, and fiction. It deals with the problems lawyers face in writing, from organization to strengthening and editing prose; teaches ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their practice, from memos and letters to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference. No other legal writing book on the market is as practical, as focused on results, as well written as Writing to Win. From the Trade Paperback edition.

The Elements of Legal Style


Author: Bryan A. Garner
Publisher: Oxford University Press, USA
ISBN: N.A
Category: Language Arts & Disciplines
Page: 236
View: 7630

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Offers advice on a variety of expository writing concerns, including grammar, clarity, and persuasive rhetoric

Writing and Law in Late Imperial China

Crime, Conflict, and Judgment
Author: Robert E. Hegel,Katherine N. Carlitz
Publisher: University of Washington Press
ISBN: 0295997540
Category: Literary Criticism
Page: 352
View: 2888

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In this fascinating, multidisciplinary volume, scholars of Chinese history, law, literature, and religions explore the intersections of legal practice with writing in many different social contexts. They consider the overlapping concerns of legal culture and the arts of crafting persuasive texts in a range of documents including crime reports, legislation, novels, prayers, and law suits. Their focus is the late Ming and Qing periods (c. 1550-1911); their documents range from plaints filed at the local level by commoners, through various texts produced by the well-to-do, to the legal opinions penned by China's emperors. Writing and Law in Late Imperial China explores works of crime-case fiction, judicial handbooks for magistrates and legal secretaries, popular attitudes toward clergy and merchants as reflected in legal plaints, and the belief in a parallel, otherworldly judicial system that supports earthly justice.

A Commentary on Judges and Ruth


Author: Robert B. Chisholm Jr.
Publisher: Kregel Academic
ISBN: 0825425565
Category: Religion
Page: 688
View: 3525

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A thorough exegetical and homiletical analysis of each passage of Judges and Ruth This masterly commentary sheds exegetical and theological light on the books of Judges and Ruth for contemporary preachers and students of Scripture. Listening closely to the text while interacting with the best of scholarship, Chisholm shows what the text meant for ancient Israel and what it means for us today. In addition to its perceptive comments on the biblical text, it examines a host of themes such as covenants and the sovereignty of God in Judges, and providence, redemption, lovingkindness, and Christological typology in Ruth. In his introduction to Judges, Chisholm asks and answers some difficult questions: What is the point of Judges? What role did individual judges play? What part did female characters play? Did Judges have a political agenda? Chisholm offers astute guidance to preachers and teachers wanting to do a series on Judges or Ruth by providing insightful exegetical and theological commentary. He offers homiletical trajectories for each passage to show how historical narrative can be presented in the pulpit and classroom.

Landmark Supreme Court Cases

The Most Influential Decisions of the Supreme Court of the United States
Author: Gary R. Hartman,Roy M. Mersky,Cindy L. Tate
Publisher: Infobase Publishing
ISBN: 1438110367
Category: Law
Page: 609
View: 7422

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Through its interpretations of the Constitution and Bill of Rights