Hard Judicial Choices

Author: Phillip J. Cooper
Editor: Oxford University Press on Demand
ISBN: 9780195041927
Size: 11,77 MB
Format: PDF, Kindle
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In controversial court cases involving civil rights, schools and housing, prison reform, and other social issues, federal district court judges are often called upon to make some of the most difficult judicial decisions. How do these cases arise? How are they prosecuted and remedies fashioned when federally protected rights are violated? How can relations between federal judges and state and local officials be improved? This book--the first to attempt to look at such cases from the judge's point of view--examines some of these questions through five comparative case studies involving open housing in a Cleveland suburb, school desegregation in Detroit, mental health reform in Alabama, prison conditions in Ohio, and alleged police misconduct in Philadelphia. Cooper presents a clear overview of the remedial decree process and prefaces each of the case studies with a full chapter that sets the case in its legal, administrative, and political context. Taking a close look at the interactions between federal district court judges and state and local officials, this volume produces a model of remedial decree litigation that challenges widely held assumptions about the role of district court judges in such controversial cases.

Rise Of Judicial Management In The U S District Court Southern District Of Texas 1955 2000

Author: Steven Harmon Wilson
Editor: University of Georgia Press
ISBN: 9780820327280
Size: 20,30 MB
Format: PDF, Docs
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This is the first book-length study of a federal district court to analyze the revolutionary changes in its mission, structure, policies, and procedures over the past four decades. As Steven Harmon Wilson chronicles the court's attempts to keep pace with an expanding, diversifying caseload, he situates those efforts within the social, cultural, and political expectations that have prompted the increase in judicial seats from four in 1955 to the current nineteen. Federal judges have progressed from being simply referees of legal disputes to managers of expanding courts, dockets, and staffs, says Wilson. The Southern District of Texas offers an especially instructive model by which to study this transformation. Not only does it contain a varied population of Hispanics, African Americans, and whites, but its jurisdiction includes an international border and some of the busiest seaports in the United States. Wilson identifies three areas of judicial management in which the shift has most clearly manifested itself. Through docket and case management judges have attempted to rationalize the flow of work through the litigation process. Lastly, and most controversially, judges have sought to bring "constitutionally flawed" institutions into compliance through "structural reform" rulings in areas such as housing, education, employment, and voting. Wilson draws on sources ranging from judicial biography and oral-history interviews to case files, published opinions, and administrative memoranda. Blending legal history with social science, this important new study ponders the changing meaning of federal judgeship as it shows how judicial management has both helped and hindered the resolution of legal conflicts and the protection of civil rights.

Leadership On The Federal Bench

Author: Jeffrey B. Morris
Editor: Oxford University Press
ISBN: 0199877653
Size: 11,99 MB
Format: PDF, Mobi
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Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein considers the ways a particularly gifted federal judge seized the opportunities available to district judges to influence the results of the cases before him, and employed the tools available to him to make policy having a national impact. In the book, author Jeffrey Morris considers the ways in which the judge, Jack Weinstein of the Eastern District of New York, has been limited by his position. This book adds to the slim literature about the policy-making role of district judges applying the work of legal historians, political scientists and those trained in the law. Focusing upon an admitted judicial activist - perhaps the most famous, innovative and controversial district judge sitting today - the book permits a close look at activism at the trial level. Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein begins by analyzing the job of a federal district judge and why it is profitable to study Judge Weinstein. Related topics include Weinstein's background before appointment to the bench; the political and legal environment within which Weinstein has judged and the characteristics of the district in which he sat and its possible impact on him. Part of the book focuses on Weinstein's judicial output for each of his four decades on the bench. Cases are drawn from a diverse number of areas, among them the areas of civil rights, freedom of speech, search and seizures, organized crime and political corruption cases, evidence and procedure. Finally, conclusions are made on the role of district courts, judicial activism in general, along with a summary of Judge Weinstein's career.

Public Administration And Law Third Edition

Author: David H. Rosenbloom
Editor: CRC Press
ISBN: 9780824797690
Size: 13,46 MB
Format: PDF, ePub
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A Practical Handbook for Public Administrators Despite the sizeable literature on administrative law and the courts, few books adequately demonstrate how judicial decisions have transformed American public administration thought and practice. Public Administration and Law is the first book of its kind to comprehensively examine the impact of judicial decisions on the enterprise of public administration. A practical guide for practitioners, this book goes beyond a theoretical framework and provides concrete advice for real-world situations. Rather than abstractly and generally discuss doctrines such as procedural and substantive due process, the book analyzes their application to specific contexts in which administrators engage individuals. Written in a non-technical fashion, the volume discusses contemporary federal administrative law and judicial review of agency action (or inaction). It clearly explains the general framework that controls agency rule making, adjudication, release of information, and related issues. In addition, a section is included on the burgeoning and litigious field of environmental law, and advice is presented as to what public administrators need to know about environmental regulations and what can happen to those who fail to head them. Now in its second edition, this handbook is a must for public administrators who want to successfully avoid judicial scrutiny and challenge of their official actions.

Complex Justice

Author: Joshua M. Dunn
Editor: UNC Press Books
ISBN: 1469606607
Size: 20,36 MB
Format: PDF, ePub, Mobi
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In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

Government By The People

Author:
Editor:
ISBN: 9780130315748
Size: 20,57 MB
Format: PDF, Mobi
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Gain a richer understanding of American politics, government, and the job of politicians and how this democracy works.

The American Constitution

Author: Robert Joseph Janosik
Editor:
ISBN:
Size: 13,78 MB
Format: PDF
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Serves as a starting point for the nonspecialist.

American Constitutional Law

Author: Louis Fisher
Editor:
ISBN:
Size: 18,22 MB
Format: PDF, ePub, Docs
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One of the most widely used constitutional law textbooks is back in a new edition. The only book that develops constitutional law in the comprehensive sense, American Constitutional Law, 4th ed. not only contains the results of court decisions but also highlights the efforts of legislatures, executives, the states, and the general public. Most constitutional law books focus only on case law and judicial pronouncements, but American Constitutional Law illustrates how both judicial and non-judicial forces shape constitutional law. Compared to other texts written by political scientists, this book offers much more in the way of citations to earlier decisions. These citations allow the reader to research areas in greater depth and also highlight the process of trial and error used by the Supreme Court to clarify constitutional principles. Presenting a broad range of cases, rather than merely focusing on landmark cases, allows the reader to understand the development of constitutional law. Fisher also covers state involvement in constitutional law through examples of how states, by interpreting their own constitutions, may depart from Supreme Court doctrines. Readings include not only court cases but presidential statements and congressional debates. This is the perfect book for undergraduate political science courses as well as an invaluable resource for anyone interested in the development of constitutional law in the United States. This book will be available in two formats: a one-volume, casebound edition and a two-volume paperback edition, with volume 1 being Constitutional Structures: Separated Powers and Federalism and volume 2 being Constitutional Rights and Civil Liberties.

Public Management A Three Dimensional Approach

Author: Carolyn J Hill
Editor: Cq Press
ISBN:
Size: 10,42 MB
Format: PDF, ePub
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Managing in the public sector entails an understanding of the interaction between three distinct dimensions&BAD:—administrative structures and processes, organizations and their cultures, and the skills and values of individual managers. Public managers must produce results that citizens and their representatives expect from their government while balancing these concerns within a constitutional scheme of governance. In Public Management, authors Carolyn J. Hill and Laurence E. Lynn, Jr. show that constructing critical analyses and persuasive arguments is the principal tool for effectively managing in three dimensions. Students learn how to analyze and explain managerial strategies and decisions, critically assessing real world case studies and building their own arguments. Four unique features further the book&BAD:’s approach and reinforce practical learning: Rule of Law boxes showcase how public managers are affected by statutes, regulations, and court decisions. Concepts in Action boxes show how sense-making, deliberation and decision making are common features in everday news stories, opinion pieces, and government reports. How the World Works boxes aptly illustrate how human nature creates conundrums, irony, and surprise in the practice of public management&BAD:—a reminder that theory cannot fully explain the variety and complexity of human and organizational behavior. Analysis and Argument sections at the end of every chapter guide students in case analysis and help them build the elements of an argument (Claim, Reason, Evidence, Warrant, Acknowledgment and Response).Rich with vivid, &BAD:“ripped-from-the-headlines&BAD:” examples of managerial situations as well as noteworthy scholarship, Public Management underlines the challenges and art of balancing structure, culture, and craft.