Hard Judicial Choices

Federal District Court Judges and State and Local Officials

Author: Phillip J. Cooper

Publisher: Oxford University Press on Demand

ISBN: 9780195041927

Category: Political Science

Page: 374

View: 3064

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.

Justice and Legal Change on the Shores of Lake Erie

A History of the United States District Court for the Northern District of Ohio

Author: Paul Finkelman,Roberta Sue Alexander

Publisher: Ohio University Press

ISBN: 0821444166

Category: History

Page: 360

View: 4947

Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics. The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women’s rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation’s law. Some of the cases here deal with local issues with huge national implications —like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk. This timely history confirms the significant role played by district courts in the history of the United States.

Rise of Judicial Management in the U.S. District Court, Southern District of Texas, 1955-2000

Author: Steven Harmon Wilson

Publisher: University of Georgia Press

ISBN: 9780820327280

Category: Law

Page: 576

View: 3066

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.

Health Care and the Charter

Legal Mobilization and Policy Change in Canada

Author: Christopher P. Manfredi,Antonia Maioni

Publisher: UBC Press

ISBN: 0774835567

Category: Law

Page: 180

View: 8823

Health Care and the Charter explores the systematic use of Charter litigation in the area of health care and the policy impact of the resulting judicial decisions. Christopher P. Manfredi and Antonia Maioni examine three of the most controversial Supreme Court decisions in recent years. Eldridge (1997) and Auton (2004) invited the Court to extend the scope of publicly funded services, while Chaouilli (2005) asked the Court to allow private health services. This book explores the paths that brought litigants to the Court, the arguments that supported their positions, and the substance of the victory or defeat the Court provided.

The Gatekeepers

Federal District Courts in the Political Process

Author: Kevin L. Lyles

Publisher: Greenwood Publishing Group

ISBN: 9780275960827

Category: Law

Page: 316

View: 4619

Overviews lower federal trial courts in historical, institutional, and functional contexts, then addresses the extent to which individual presidents have advanced particular policy objectives through their judicial appointments to federal district courts. Analysis of presidential policy preferences

Complex Justice

The Case of Missouri v. Jenkins

Author: Joshua M. Dunn

Publisher: UNC Press Books

ISBN: 1469606607

Category: Political Science

Page: 240

View: 6681

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: N.A

Publisher: N.A

ISBN: 9780130315748

Category: United States

Page: 449

View: 4200

Gain a richer understanding of American politics, government, and the job of politicians and how this democracy works.

Public Management: A Three Dimensional Approach

Author: Carolyn J Hill,Laurence E Lynn Jr

Publisher: Cq Press


Category: Political Science

Page: 490

View: 4536

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.

Judicial policies

implementation and impact

Author: Bradley C. Canon,Charles A. Johnson

Publisher: Cq Pr


Category: Law

Page: 256

View: 463

This valuable and updated reference focuses on the implementator and impact of judicial policies in America. Introducing a hierarchies model of "populations" affected by judicial decisions, the authors highlight the substantial influence of how lower courts, administrative agencies, local groups, the media, Congress, and other political actors respond to judicial policies.This new edition features: -- Illustrative boxes providing real-life examples of the impact of judicial policies.-- A summary table assessing the major theories explaining judicial impact.-- Summary actions and activities in the 25 years since Roe v. Wade.-- Analysis of all the important research findings about how people react to judicial decisions.-- Extensive bibliography for further research and abundant references to contemporary policies.Judicial Policies: Implementation and Impact offers a thorough discussion of the events and possibilities that follow a court's declaring a judicial policy. The authors look,at both successful and unsuccessful implementation of judicial policies to show that political factors are often more important than legal doctrines in explaining the impact of judicial decisions.

Law and Justice

An Introduction to the American Legal System

Author: Howard Abadinsky

Publisher: Prentice Hall

ISBN: 9780132328630

Category: Law

Page: 464

View: 5807

Law and Justice: An Introduction to the American Legal System, Sixth Edition offers a thorough examination of the system of justice used in the United States: civil and criminal, juvenile, and therapeutic. This new edition continues its critical review of the legal system and examines issues such as the conflict between the legal system's need for predictability and the desire for flexibility; the pros and cons of therapeutic jurisprudence and restorative justice; the issues involved with medical malpractice and more! Provides a comprehensive look at the justice system from various perspectives. Discusses many aspects of law and judicial process such as: the role of natural law, statutory law, legal reasoning, case law, legal education, the legal profession, the court systems, the appellate court process, the constitution, judges, prosecutors, criminal defense attorneys etc. Ideal for anyone interested in the American Legal System.

American Constitutional Law

Author: Louis Fisher

Publisher: N.A


Category: Constitutional law

Page: 1275

View: 835

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.

The Supreme Court in the Federal Judicial System

Author: Stephen L. Wasby

Publisher: Wadsworth Publishing Company


Category: Education

Page: 429

View: 1934

The fourth edition of this authoritative text has been completely updated through the 1991-1992 term. New material is presented on the Rehnquist Court, the Court's recourd on civil liberties, and the Clarence Thomas nomination. The text focuses on the Supreme Court, but also analyzes other federal courts and the entire court system. The Court's political roles are discussed first. The structure of the judicial system and the ways of selecting federal judges follows. A separate chapter is devoted to the role of lawyers and interest groups. The book concludes with an account of the impact of court rulings.