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Authored by two leading scholars of the Supreme Court and its policy making, this study systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants--the legal and rational choice. Using the U.S. Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. ... Read more

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This is an EXACT reproduction of a book published before 1923. This IS NOT an OCR'd book with strange characters, introduced typographical errors, and jumbled words.This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. ... Read more

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The book compares the main rules of procedure that govern the conduct of civil cases in countries of the South Pacific region and explains their practical application in the context of the courts in which they operate. The text focuses on the rules that apply  and on the High Court (Civil Procedure) Rules of 1964, which apply in the superior courts of Kiribati, Tuvalu and Solomon Islands, and the rules that apply in the superior courts of the Fiji Islands, Samoa and Tonga. It also fully discusses the new rules of civil procedure that are currently being introduced in Vanatu. The text describes recent changes to regional civil procedure rules and suggests further reforms. Legislative and case law developments are also discussed.

This book is designed for use by legal practitioners and anyone interested in civil procedure in the South Pacific region. It will also be of use to teachers and students of South Pacific civil procedure, both at degree level and in professional legal training programmes.

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Originally published in 1907.This volume from the Cornell University Library's print collections was scanned on an APT BookScan and converted to JPG 2000 format by Kirtas Technologies.All titles scanned cover to cover and pages may include marks notations and other marginalia present in the original volume. ... Read more

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This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature. ... Read more

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Davis, George B. A Treatise on the Military Law of the United States: Together with the Practice and Procedure of Courts-Martial and Other Military Tribunals. Third Edition, Revised. New York: John Wiley & Sons, 1915. xv, 813 pp. Reprinted 2007 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-650-5. ISBN-10: 1-58477-650-1. Cloth. $125.

* Reprint of the final edition. Although the title leads one to expect a basic procedural manual, this book goes well beyond its stated purpose to offer a great deal of historical and jurisprudential information. Davis [1847-1914] examines the authority and sources of military law and its relation to civilian law. He also pays close attention to its debt to English military law and custom, some of it dating back to the middle ages. Davis [1847-1914] was Judge-Advocate General of the U.S. Army and Professor of Law at West Point. ... Read more

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Ghost Courts of the War Between the StatesIn 1860, news of Abraham Lincoln's election arrived in Charleston like a fire alarm. In the United States courtroom on Chalmers Street, the grand jury simply refused to go on. All eyes are on the judge. In a dramatic moment, Judge A.G. Magrath, tears off his robes and tells jurors and spectators that, rather than continuing under tyranny, his Temple of Justice is forever closed. Thus in this long-since forgotten room took place the first official act of disunion, predating the Ordinance of Secession by over a month and lighting the fuse that lead to war. Preserving a piece of history few knew existed, trial attorney Warren Moise takes the reader back in time to the courts and law practice of a different era. Ride into the frontier town of Spartanburg by night with two tired lawyers where to their surprise they see hundreds of sweating men fighting bare-fisted in the flickering torch light. Just as important, learn the never-before documented role of the bench and bar in the battle for secession and of the Confederate States court, where the CS Attorney prosecuted former US Attorneys James L. Petigru and Edward McCrady for contempt because they defied Confederate law. ... Read more

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Customer Reviews (2)

Analyzing the influence of the judicial decision-making and control through congressionally appointed judges
When Courts And Congress Collide: The Struggle For Control Of America's Judicial System by Charles Gardner Geyh (Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington) is an in-depth, comprehensive, and scholarly study of the history of various checks and balances involved in the procedures of the American court system. Analyzing the influence of the judicial decision-making and control through congressionally appointed judges, When Courts And Congress Collide produces a definitive study of the intricate political power struggle arising from the ideological processes of judicial powers and competing influences throughout the entirety of America political, cultural, and economic life. When Courts And Congress Collide is very strongly recommended to students of American history and political science, as well of the study of the American judicial system in history, in the present, and the foreseeable future.

Congress and Judicial Independence
Given all the recent conservative uproar about Terry Schiavo, and the resulting DeLay/Frist threats to "discipline" the federal courts, not to mention the continuing fallout over Bush v. Gore, this book could not have come along a more opportune time.And a fine book it is irrespective of the timing.The author, currrently a law professor but formerly a judicial clerk, litigator, Judiciary Committee staffer, and judicial branch "lobbyist," is admirably equipped to address this important topic. This is simply the best book on this topic I have seen and an invaluable reference source on this topic.

Basically, the author contends that the various methods we usually associate with legislative control of the judiciary--including impeachment, control of jurisdiction, budget, etc. -- have, with one exception, not proven effective.That one exception is, as recent Supreme Court and Circuit Court nominee hi-jinx illustrate, the power of the Senate to confirm judicial nominees.The central reason for this sitution, the author demonstrates, is a long-run recognition by Congress of the importance of judicial independence resulting in a marked reluctance to interfere with sitting judges and their decisions.

In order to explore this relationship, the book first looks at the origin of judicial independence before and at the constitutional convention, the Judicary Acts of 1789 and 1801, five key periods of stress between the courts and the presidency and congress, and the development of a self-regulating and discipling judiciary (e.g., the Judicial Conference, the Rules Enabling Act, and the Administrative Office of the U.S. Courts).Separate chapters address impeachment (perhaps a bit too much in detail) and appointments, appointment being the sole way to exercise control unrestricted by concerns for judicial independence.A very strong chapter discusses the ways in which courts can avoid or mitigate conflict, including the Aswander rules and Bickel's "passive virtues" among other topics.

The author suggests this "dynamic equilibrium" may be shifting due to congressional interference through such devices as sentencing guidelines.For its part, the Rehnquist Court cut back the margins on long established congressional power in several areas.Moreover, the judiciary has developed an interesting technique of lobbying congress for or against changes, and striking down as unconstitutional those legislative changes with which it disagrees.Hopefully, the author is overly pessimistic--it would be a shame to have radicals of whatever persuasion controlling the federal courts to suit their own agendas.An outstanding discussion, superbly researched, and skillfully written (though a bit overly detailed in sections). ... Read more

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Dissensus is often viewed in the professional world as a starting point for collaboration; rather than leaving decisions to just one person, dissent offers the opportunity to rethink or reinvent an idea, leading, one hopes, to a better result. When dissensus occurs in a federal court, however, it raises the question of whether this difference of opinion maintains the integrity of the judiciary or undermines its legitimacy. In Judging on a Collegial Court: Influences on Federal Appellate Decision Making, Virginia Hettinger, Stefanie Lindquist, and Wendy Martinek examine the dynamic that gives rise to such dissensus in federal appeals courts, revealing how the appellate process shapes the content and the consistency of the law.

The authors examine horizontal dissensus in the minority of cases in which there are dissenting or concurring -- as opposed to unanimous -- opinions. Primarily investigating why judges on the appeals courts agree or disagree with one another regarding the outcomes of the cases before them, the authors also examine vertical dissensus and ask why judges affirm or reverse lower court judges whose cases are decided on appeal. Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.

Customer Reviews (1)

A Valuable Study of the U.S. Courts of Appeals
During the last several years, important books studying various facets of the U.S. Courts of Appeals have appeared by Cass Sunstein (also reviewed on Amazon) and David E. Klein, to mention just two.This volume, co-authored by three political scientists, is a significant addition to this literature.The Courts of Appeals are so vital because for nearly all federal litigation, they are the ultimate court of decision, as they oversee the district courts.While this book employs statistical models and charts, it is quite digestible by the general reader.This is because the book is written with such clarity of exposition and explanation that its method of analysis and conclusions come through quite nicely.One only wishes that IRS materials could match this level of clarity.

The focus of the study is the concurring and dissenting behavior of appellate judges, and how they interact with district courts. Or, as the authors put it, "horizonal dissensus" (or disagreement within the court) and "vertical dissensus" (disagreements between the courts of appeals and the district courts whose decisions they review). While the authors place primary reliance upon an attitudinal model (i.e., judges vote their personal policy preferences), they balance this approach with consideration of other factors such as circuit norms, case characteristics, and institutional roles such as chief judge, senior judge or designated district court panel member.On each such topic, the authors skillfully integrate references to other studies that have been done; the bibliography on its own is a rich resource for those interested in judicial behavior. Among the most interesting findings are that ideology plays no role in reversals of district court decisions, and that unlike the Supreme Court, strategic considerations do not dictate dissenting behavior.The authors suggest that it is more accurate to think of the relationship between district and appellate courts as that of a team working together, rather than (as does much of the literature) as a principal-agent arrangement.

For political scientist students of judicial behavior, but also for the general reader, this is a valuable addition to the body of literature on these highly important courts. ... Read more

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Courtrooms are often lively places, and what occurs in them has a profound impact on the functioning of our democracy. The American Courts: A Procedural Approach, offers readers a thorough understanding of the United States court system by exploring the procedural aspects of the law. The rules of both criminal and civil procedure, how they are applied, and their influence on decision-making in the courts are thoroughly examined. This text is ideal for undergraduate and introductory graduate courses in criminal justice, legal studies, and government programs.Features: Covers the role, operations, and functions of the courts at all levels.Organized into five main sections: Courts in America, Courts at Work, Civil Law and Procedure in the Courts, Criminal Law and Procedure in the Courts, and The Changing of American Courts.Includes chapter Sidebars presenting case summaries, current issues, or provocative ideas that illustrate or demonstrate important topics discussed.Provides chapter summaries, discussion outlines, review questions, and suggested writing topics in every chapter. ... Read more

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This text follows the natural chronology of the procedure and of the Summary Cause Rules and is a useful source of reference for all those concerned with summary cause procedure, particularly those at the beginning of their careers, preparing for appearance in the courts. ... Read more

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Where can you seek justice at an affordable price with relatively rapid results?In the Small Claims Courts of the United States. Many consumers and business owners have not taken advantage of this inexpensive streamlined system of justice because they believe they are unfamiliar with the inner workings of Court system.Richard Solomon, an active trial attorney, key note speaker, and radio show host, demystifies the process in a book that has been featured in the New York Times, New York Daily News and on Fox 5's Good Day New York.

At the core of this guide are the tips and strategies for plaintiffs (those bringing a case) and defendants written in an easy to understand format.

Wouldn't you like to know how to collect money that is owed to you or your business? What differentiates a winning case from the losers based on the same set of facts?The answer is the organization and presentation of evidence. Richard Solomon's simple system of organizing evidence has been successfully used by readers in hundreds of cases.These are the same tools that lawyers use in Court each day.

Richard Solomon teaches these very techniques to New York lawyers as part of their Continuing Education.Now you can have the confidence and knowledge to go to Court without an attorney and save BIG on ever-increasing legal fees. ... Read more

Customer Reviews (14)

This book was o.k.
But a but disappointing considering all rave reviews I read prior to buying the book.It was basic and general information that I could have possibly received from online websites.If you are clueless about the process and are not internet savy, then it is a great book for you.It gives you the basic foundation.

Easy to read, simple and complete
I live in Upstate New York and there are not that many great legal resources in the self-help field in the local libraries.This book really did the trick!Surprisingly, it was easy to read, simple and complete. If you have a small claims issue,you need to look at this book.

Valuable Resource
My autobody rep told me about this book b/c the insurance would not cover my accident. This was a bargain for the amount of useful information inside.Remember to bring to Court more than one written estimate for your accident case as the book tells you to do so!You can really win in small claims court and this is the guide to help you.

Met the Author at a National Conference
Richard Solomon was the keynote speaker at the Bail USA conference.He was very impressive and gave great information about the use of the small claims courts (which was featured in the New York Times).I bought the book to assist in my collection efforts.I particularly like the idea of limiting debt to an amount below the level of small claims court so I can use these "lower-expense" courts than either collection agencies or attorneys in "regular court."

Read about it in the NY Times July 17, 2005
This book was featured in an article entitled "Into the Woods of Small-Claims Court" in the Sunday July 17, 2005 New York Times. The article had some great tips from the author.
... Read more

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For courses in courts and judicial process; and law and society. The scope of its coverage, and its high academic quality, makes it attractive for graduate courses as well.

Courts and Judicial Policymaking is the only comprehensive textbook on courts, law, and judicial policymaking.

The authors wrote this book to fill a need for a comprehensive textbook on law and judicial policymaking. The authors present and combine both legal and political science perspectives, and provide an alternative to pre-existing and limited judicial process texts that do not combine legal academy and political science approaches, overemphasize federal courts, and present a limited comparative judicial process analysis; and, instead, offer a fresh perspective on the contemporary politics of law, courts, the legal profession, and judicial policymaking, often with an underlying comparative judicial process perspective.

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Students studying legal transcription, court reporting and legal terminology will find this book to be a "must have" for professional learning. Legal Terminology for Transcription and Court Reporting transforms the student into someone who is proficient in the language of law as a listener and speaker with judges, attorneys, witnesses, jurors and the parties in court. The student will master all the skills necessary to produce a transcript that accurately reflects court proceedings, depositions, legal stipulations, hearings, and intra/interoffice meetings. The complete understanding and usages of legal terms, as well as the related English grammar, punctuation, proofreading, and transcript production issues that contribute to an accurate record are the keys for all aspiring court reporters and transcriptionists. The main take away for the student is the confidence to begin using legal terminology for professional transcription and court reporting in law offices, the courts, or one?s own business. Mastering legal terminology and the correct English skills are keys to advancing and this book makes it fast and enjoyable with written exercises as well as audio transcription exercises on an accompanying CD-ROM. ... Read more

Customer Reviews (1)

2 for 1: Examples of English rules and Terms Made Easy!
Atty. Okrent and Margie Wakeman Wells, CRI have teamed up to bring students of court reporting and transcription into the 21st century. If you are learning to become a reporter, transcriptionist, proofreader, scopist or someone producing legal documents (especially depositions), get your hands on this book and accompanying CD. You can hear all the legal terms (with phonetic pronunciations) and practice with audio exercises recorded at two different speeds! The book will always remain at your side as an indispensible reference for all key legal terms and definitions as well as the most common English errors committed in the production of legal records. ... Read more

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Publisher: London : E. CoxPublication date: 1864Subjects: Great Britain. Court of ChanceryTime (Law)Equity pleading and procedureNotes: This is an OCR reprint. There may be typos or missing text. There are no illustrations or indexes.When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. You can also preview the book there. ... Read more

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Originally published in 1864.This volume from the Cornell University Library's print collections was scanned on an APT BookScan and converted to JPG 2000 format by Kirtas Technologies.All titles scanned cover to cover and pages may include marks notations and other marginalia present in the original volume. ... Read more

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This volume is a rare combination of interdisciplinarycontributions from academia and legal practitioners about assessingjustice in developing countries and one ex-colonizing country. Theexamples from Britain, Burundi, Ghana, Tanzania, South Africa andSudan point out the need to recognize that each culture has its ownsense of rule of law and access to justice. In contrast to the manyworks which concentrate on structures and norms, this edited volumehighlights the importance of the perceptions of the litigants and thecourt personnel for improving access to justice. Non-lawyer supportpersonnel as shown in the examples in the book are key figures in theprocesses of access to justice. Hence, the book makes an importantcontribution to identifying basic elements that are overlooked injudicial reform schemes. The training of non-lawyer support personnelshould be given priority over or at least the same priority as thetraining of lawyers. ... Read more