Politics and the Courts: Toward a General Theory of Public LawBloomsbury Academic, 1992 M02 28 - 168 páginas In the public law area, there is an understanding that judicial decision making is not always objective, that the courts are not constrained by the law and the facts of the case, and that courts are actually policy makers influenced by extraneous factors that have little to do the legal and factual matters of a case. Through a combination of an integrative review of the relevant literature in the public law area and new case studies researched by the author, Barbara Yarnold argues that the public law area has discarded the traditional view of the judiciary as a passive interpreter of the law who truly weigh the facts of each case. She examines political and environmental variables that have been used to explain judicial outcomes and develops an original general theory of public law explaining under what circumstances political variables impact court decisions, and when region, as an environmental variable, is related to judicial outcomes. |
Dentro del libro
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... mean : 49 percent of all judges involved in the 146 appeals were appointed by a Democratic president . One complicating factor is that district court decision making is engaged in by one individual and courts of appeals determinations ...
... mean unemployment rate for the 146 appeals is 6.86 ; this variable has been dichotomized at its mean . Most appeals contain information on the country of origin of the alien or aliens involved in the appeal . In order to determine ...
... mean . In most appeals , the country of origin of the alien is listed . To determine whether countries of origin are " hostile " to the United States , since this de- termination is most often made by the State Department , background ...
Contenido
When Do Political Factors Affect Judicial | 7 |
Region | 53 |
Part II | 68 |
Derechos de autor | |
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Politics and the Courts: Toward a General Theory of Public Law Barbara M. Yarnold Sin vista previa disponible - 1992 |