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
Resultados 1-3 de 26
... president . One complicating factor is that district court decision making is engaged in by one individual and ... president , 100 percent of the judges were appointed by a Democratic president . In an appeals panel , if one of the ...
... president who appointed the judge ( sources of background data on judges : Judicial Conference 1983 ; Dornette and ... presidents ( Baum 1989 ; Goldman 1975 ; Nagel 1961 ; Vines 1963 ; Carp and Rowland 1983 ; Yarnold 1990a , 1991b ) ...
... president . One complication is that , as mentioned , some of these cases were decided by only one judge while ... president , this case is coded on the partisanship variable as 100 percent of judges appointed by a Democratic president ...
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 |