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Tuesday, July 21, 2020 | History

2 edition of Judicial decision-making found in the catalog.

Judicial decision-making

Glendon A. Schubert

Judicial decision-making

by Glendon A. Schubert

  • 103 Want to read
  • 18 Currently reading

Published by Free Press of Glencoe in [New York] .
Written in English

    Subjects:
  • Judicial process -- United States

  • Edition Notes

    Statementedited by Glendon Schubert ; contributors : Vilhelm Aubert ... [and others].
    SeriesInternational yearbook of political behavior research -- v. 4
    ContributionsSchubert, Glendon., Aubert, Vilhelm.
    Classifications
    LC ClassificationsKF4765 J8, JK1521 S34
    The Physical Object
    Paginationix, 278 p. :
    Number of Pages278
    ID Numbers
    Open LibraryOL21669478M

    Not surprisingly, the process of judicial decision-making is a topic that has intrigued many legal scholars. To make these decisions, judges may need to find facts, or to apply legal principles based on stare decisis or the law as codified by the legislature. However, scholars have argued that other influences also exist in judicial decision-making.   For students enrolled in Judicial Externship - Law Note: eBook version limited to single user. Hardcopy version available in Law Library KFE67 Author: Vicente Garces.

    A panel of U.S. judges spoke about the judicial decision-making process among appellate courts. Judge Edith Jones said because of the high volume of cases, lawyers must be factual and efficient with their briefings and make their best case in oral arguments. Judge Brett Kavanaugh said appellate judges recognized they. Page 5 of 7 Encyclopedia of Law & Society: American and Global Perspectives: Judicial Decision Making Although the attitudinal approach is relatively successful in explaining Supreme Court justices' behavior, scholars have pointed out that it ignores some important factors. This is the point where strategic approaches come into play.

    Read "Judicial Decision-Making in a Globalised World A Comparative Analysis of the Changing Practices of Western Highest Courts" by Elaine Mak available from Rakuten Kobo. Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments Brand: Bloomsbury Publishing. This volume of essays examines the psychological processes that underlie judicial decision making. Chapters in the first section of the book take as their starting point the fact that judges make.


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Judicial decision-making by Glendon A. Schubert Download PDF EPUB FB2

`This book should certainly be in a Christmas stocking of any non-lawyer likely to act as an expert witness or whose work involves challenging the legal profession to change.

It also should be of great interest to litigation lawyers, whether they are directly involved in persuading courts to listen to science or merely a general by: It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with critical process (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making).Cited by: 3.

But additional legal, personal, ideological, and political influences weigh Judicial decision-making book the Supreme Court and its decision-making process. On the legal side, courts, including the Supreme Court, cannot make a ruling unless they have a case before them, and even with a case, courts must rule on its facts.

This book describes an original, empirical study of judicial decision making. The process of determining sentences is a difficult one for judges and often unnecessarily intuitive, subjective, and complex.

In the mids, as a social psychologist dedicated to the application of knowl­ edge, I welcomed our field's emerging interest in the legal system. I have al­ ways been fascinated by jury trials-som.

One of the most prominent writers on judicial decision-making in the U.S. system is Dr. Forrest Maltzman of George Washington University. Maltzman’s articles, chapters, and manuscripts, along with articles by other prominent authors in the field, are downloadable at this site.

This book contains a collection of papers confronting these issues from a seminar on determinants, dynamics and delusions of judicial decision making which was held on the occasion of the inaugural lecture of Jeffrey J. Rachlinski, accepting the Erasmus Chair of Empirical Legal Studies at Erasmus School of Law : Boom Uitgevers Den Haag.

Known for shedding light on the link between the courts, public policy, and the political environment, Judicial Process in America offers students a clear but comprehensive overview of today’s American judiciary. Considering the courts from every level, the authors thoroughly cover judges, lawyers, litigants, and the variables at play in judicial decision-making.

\\jciprod01\productn\B\BIN\\BINtxt unknown Seq: 3 7-MAY ] JUDICIAL DECISION-MAKING & THE RULE OF LAW stronger legal institutions.6 The third is the development of norms within government institutions that compel adherence to the law.7 Guillermo O’Donnell offers a theory on democratic rule of law where the judiciaryFile Size: KB.

How JUDGES JUDGE: THEORIES ON JUDICIAL DECISION MAKING by Timothy J. Capurso The great tides and currents which engulf the rest of men do not turn aside in their course, and pass judges by. Benjamin N. Cardozo The Nature of the Judicial Process, Whoever hath an absolute authority to interpret any written or spoken laws,Author: Timothy J.

Capurso. In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice.

Judicial Decision-Making: A Behavioral Perspective By Doron Teichman and Eyal Zamir, In Oxford Handbook of Behavioral Economics and the Law Law and the Role of a JudgeAuthor: Vicente Garces. This volume of essays examines the psychological processes that underlie judicial decision making.

Chapters in the first section of the book take as their starting point the fact that judges make many of the same judgments and decisions that ordinary people make and consider how our knowledge about judgment and decision-making in general applies to the case of legal judges.

His main research interests are the impact of courts and litigation on social and public policy, and judicial decision making by the federal courts. He is the author of numerous articles and books, including Judging Law and Policy: Courts and Policymaking in the American Political System and Getting a Poor Return: Courts, Justice and Taxes.

the judicial hunch and “formalist” in the sense that it recognizes the importance of deliberation in constraining the inevitable, but often undesirable, influence of intuition Our model departs significantly from recent research on judicial decision making in two ways.

First, most judicial. This chapter discusses the rich behavioral research on judicial decision-making. It opens with general theories of the cognitive process of judicial decision-making, focusing on the story model and coherence-based reasoning.

It examines how various heuristics and biases—such as the compromise and contrast effects, hindsight bias, omission bias, and anchoring—are reflected in judicial. In the mids, as a social psychologist dedicated to the application of knowl edge, I welcomed our field's emerging interest in the legal system.

I have al ways been fascinated by jury trials-something about the idea that two con ceptions of the truth were in irrevocable conflict and jurors could choose only one of them. More important, the criminal justice system is a major social force. In book: The Judicial Function, pp I argue that there may be other justifications for judicial independence that ought to hold sway in a world where judicial decision-making involves a.

Judicial decision-making. New York] Free Press of Glencoe [] (OCoLC) Online version: Schubert, Glendon A. Judicial decision-making. New York] Free Press of Glencoe [] (OCoLC) Document Type: Book: All Authors / Contributors: Glendon A.

Judicial decision making: is psychology relevant?. [Lawrence S Wrightsman] -- This book examines decision making by appellate judges from a psychological viewpoint. The process of deciding a case, from the initial decision whether to grant certiorari to the final announcement.

He develops an alternative process of judicial decision making and constructs or redesigns several intellectual structures in order to deepen the understanding of traditional processes. The book would be suitable for first-year Judges tend to adopt a logical, textual, or social approach to decision making then refuse to diverge from it, says /5(2).

According to Justice Barak, decision making in hard cases puts both the law and the judge on trial. This book is an attempt by a judge from another generation to continue where Justice Benjamin Cardozo left off in his classic, The Nature of the Judicial Process.This book examines decision making by appellate judges from a psycholo gical viewpoint.

The process of deciding a case, from the initial deci sion whether to grant certiorari to the final announcement of a decisi on, is analyzed using contemporary concepts from the Price: $