The Behavior Of Federal Judges

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Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.

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Genre : Law
Author : Lee Epstein
Publisher : Harvard University Press
Release : 2013-01-07
File : 491 Pages
ISBN-13 : 9780674070684


The Behavior Of Federal Judges

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BOOK EXCERPT:

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.

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Genre : Law
Author : Lee Epstein
Publisher : Harvard University Press
Release : 2013-01-07
File : 441 Pages
ISBN-13 : 9780674067325


The Independence Of Federal Judges

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Genre : Judges
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Publisher :
Release : 1971
File : 1248 Pages
ISBN-13 : LOC:00100977436


Trial Of Good Behavior Of Certain Federal Judges

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Genre : Impeachments
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
Release : 1941
File : 84 Pages
ISBN-13 : STANFORD:36105045468340


The Independenceof Federal Judges

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Genre :
Author : United States. Congress. Senate. Judiciary
Publisher :
Release : 1971
File : 1246 Pages
ISBN-13 : STANFORD:36105045468241


Reconfirmation Of Federal Judges

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Genre : Government publications
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments
Publisher :
Release : 1973
File : 374 Pages
ISBN-13 : LOC:0013929659A


Reconfirmation Of Federal Judges

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Genre :
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
Release : 1973
File : 362 Pages
ISBN-13 : STANFORD:36105045468274


Nonjudicial Activities Of Supreme Court Justices And Other Federal Judges

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Genre : Government publications
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Publisher :
Release : 1970
File : 856 Pages
ISBN-13 : UIUC:30112104082851


Nonjudicial Activities Of Supreme Court Justices And Other Federal Judges

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Genre :
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
Release : 1970
File : 1046 Pages
ISBN-13 : STANFORD:36105045473043


Federal Judges Revealed

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The power and influence of the federal judiciary has been widely discussed and understood. And while there have been a fair number of institutional studies-studies of individual district courts or courts of appeal--there have been very few studies of the judiciary that emphasize the judges themselves. Federal Judges Revealed considers approximately one hundred oral histories of Article Three judges, extracting the most important information, and organizing it around a series of presented topics such as "How judges write their opinions" and "What judges believe make a good lawyer."

Product Details :

Genre : Biography & Autobiography
Author : William Domnarski
Publisher : Oxford University Press
Release : 2009
File : 240 Pages
ISBN-13 : 9780195374599