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| education for a judge: Complex Justice Joshua M. Dunn, 2012-09-01 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. |
| education for a judge: The Schoolhouse Gate Justin Driver, 2019-08-06 A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again. |
| education for a judge: How Judges Judge Brian M. Barry, 2020-11-26 A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines. |
| education for a judge: Judicial Conduct and Ethics Charles Gardner Geyh, James J. Alfini, James J. Sample, 2020 |
| education for a judge: The Legacy of Ruth Bader Ginsburg Scott Dodson, 2015-01-26 As a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This collection of essays chronicles and evaluates the remarkable achievements she has made over the past half century. Readers will discover diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career, creating an impressive legacy of one of the most important figures in modern law. |
| education for a judge: Waging War David J. Barron, 2016-10-04 “Vivid…Barron has given us a rich and detailed history.” —The New York Times Book Review “Ambitious...a deep history and a thoughtful inquiry into how the constitutional system of checks and balances has functioned when it comes to waging war and making peace.” —The Washington Post A timely account of a raging debate: The history of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war. The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. In Waging War, David J. Barron opens with an account of George Washington and the Continental Congress over Washington’s plan to burn New York City before the British invasion. Congress ordered him not to, and he obeyed. Barron takes us through all the wars that followed: 1812, the Mexican War, the Civil War, the Spanish-American war, World Wars One and Two, Korea, Vietnam, Iraq, and now, most spectacularly, the War on Terror. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, Barron shows that these executives have had to get their way without openly defying Congress. Waging War shows us our country’s revered and colorful presidents at their most trying times—Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately—and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate. |
| education for a judge: Flight School Lita Judge, 2019-07-02 A persevering penguin is determined to fly in this adorably inspiring Classic Board Book from the creator of Red Hat and Red Sled. Although little Penguin has the soul of an eagle, his body wasn’t built to soar. But Penguin has an irrepressible spirit, and he adamantly follows his dreams to flip, flap, fly! Even if he needs a little help with the technical parts, this penguin is ready to live on the wind. |
| education for a judge: How Judges Think Richard A. Posner, 2010-05-01 A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court. |
| education for a judge: Model Code of Judicial Conduct American Bar Association, Center for Professional Responsibility (American Bar Association), 2007 |
| education for a judge: Judicial Decision-Making Barry Friedman, Margaret H. Lemos, Andrew D. Martin, Tom S. Clark, Allison Orr Larsen, Anna Harvey, 2020-04-27 This book is the only comprehensive treatment of judicial decision-making that combines social science with a sophisticated understanding of law and legal institutions. It is designed for everyone from undergraduates to law students and graduate students. Topics include whether the identity of the judge matters in deciding a case, how different types of lawyers and litigants shape the work of judges, how judges follow or defy the decisions of higher courts, how judges bargain with one another on multi-member courts, how judges get and keep their jobs, and how the judicial branch interacts with the other branches of government and the general public. The book explains how these individual and institutional features affect who wins and loses cases, and how the law itself is changed. It is built around well-known and accessible disputes such as gay marriage, women's rights, Obamacare, and the death penalty; and it offers students a new way to think about familiar legal issues and demonstrates how legal and social-science perspectives can produce a better understanding of courts and judges. |
| education for a judge: Judicial Sabbaticals Ira P. Robbins, 1987 |
| education for a judge: Brown v. Board of Education James T. Patterson, 2001-03-01 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, I was so happy, I was numb. The novelist Ralph Ellison wrote, another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children! Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954? |
| education for a judge: Legal Writing Robert Edwin Bacharach, 2020 A magnificent book on writing. Drawing on the lessons from psycholinguistics and rhetoric, Judge Bacharach has written a remarkably practical book on how to write effectively. Judge Bacharach illustrates his points with very specific suggestions and countless examples from briefs from top lawyers and opinions of judges. I learned so much from this wonderful book. -- Erwin Chemerinsky, Dean, Berkeley School of Law |
| education for a judge: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| education for a judge: The Lawyer-Judge Bias in the American Legal System Benjamin H. Barton, 2010-12-31 Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions. |
| education for a judge: Towering Judges Rehan Abeyratne, Iddo Porat, 2021-03-25 This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws. |
| education for a judge: North Carolina Trial Judges' Bench Book, District Court, Vol. 1 Cheryl D. Howell, Jan S. Simmons, 2022-09 The North Carolina Trial Judges' Bench Book, District Court, Vol. 1, Family Law, 2021 is a comprehensive legal reference created for North Carolina district judges. It provides summaries of North Carolina law governing cases routinely heard in district court. Chapters cover topics including equitable distribution, child support, child custody, spousal agreements, postseparation support and alimony, and more. The School of Government offers North Carolina Trial Judges' Bench Book, Volume 1, Family Law and its individual chapters for sale in a print and PDF format. Please visit www.sog.unc.edu/publications. |
| education for a judge: Divergent Paths Richard A. Posner, 2016-01-04 Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it. |
| education for a judge: Her Honor LaDoris Hazzard Cordell, 2021-10-26 In Her Honor, Judge LaDoris Hazzard Cordell provides a rare and thought-provoking insider account of our legal system, sharing vivid stories of the cases that came through her courtroom and revealing the strengths, flaws, and much-needed changes within our courts. Judge Cordell, the first African American woman to sit on the Superior Court of Northern California, knows firsthand how prejudice has permeated our legal system. And yet, she believes in the system. From ending school segregation to legalizing same-sex marriage, its progress relies on legal professionals and jurors who strive to make the imperfect system as fair as possible. Her Honor is an entertaining and provocative look into the hearts and minds of judges. Cordell takes you into her chambers where she haggles with prosecutors and defense attorneys and into the courtroom during jury selection and sentencing hearings. She uses real cases to highlight how judges make difficult decisions, all the while facing outside pressures from the media, law enforcement, lobbyists, and the friends and families of the people involved. Cordell’s candid account of her years on the bench shines light on all areas of the legal system, from juvenile delinquency and the shift from rehabilitation to punishment, along with the racial biases therein, to the thousands of plea bargains that allow our overburdened courts to stay afloat—as long as innocent people are willing to plead guilty. There are tales of marriages and divorces, adoptions, and contested wills—some humorous, others heartwarming, still others deeply troubling. Her Honor is for anyone who’s had the good or bad fortune to stand before a judge or sit on a jury. It is for true-crime junkies and people who vote in judicial elections. Most importantly, this is a book for anyone who wants to know what our legal system, for better or worse, means to the everyday lives of all Americans. |
| education for a judge: Code of Judicial Conduct for United States Judges American Bar Association, 1974 |
| education for a judge: Code of Conduct for United States Judges Judicial Conference of the United States, 1993 |
| education for a judge: The Courts and Education Clifford P. Hooker, 1978-03 The Seventy-Seventh Yearbook of the National Society for the Study of Education, Part I |
| education for a judge: The Essential Scalia Antonin Scalia, 2020-09-15 Supreme Court Justice Antonin Scalia in his own words: the definitive collection of his opinions, speeches, and articles on the most essential and vexing legal questions, with an intimate foreword by Justice Elena Kagan “[Scalia’s writings] are as readable today as they were when they first appeared. . . . Especially illuminating to anyone who wants to unlock the mystery of why Ginsburg admired Scalia—or who wants to get a sense of where the Supreme Court may be headed.”—The Wall Street Journal A justice on the United States Supreme Court for three decades, Antonin Scalia transformed the way that judges, lawyers, and citizens think about the law. The Essential Scalia presents Justice Scalia on his own terms, allowing readers to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained. This comprehensive collection draws from the best of Scalia’s opinions, essays, speeches, and testimony to paint a complete and nuanced portrait of his jurisprudence. This compendium addresses the hot-button issues of the times, from abortion and the right to bear arms to marriage, free speech, religious liberty, and so much more. It also presents the justice’s wise insights on perennial debates over the structure of government created by our Constitution and the proper methods for interpreting our laws. Brilliant and passionately argued, The Essential Scalia is an indispensable resource for anyone who wants to understand our Constitution, the American legal system, and one of our nation’s most influential and highly regarded jurists and thinkers. |
| education for a judge: Merritt and Simmons's Learning Evidence: from the Federal Rules to the Courtroom, 5th Deborah Jones Merritt (‡e author), Ric Simmons, 2021-12-14 CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, online videos, interactive trial simulations, leading study aids, an outline starter, and Gilbert Law Dictionary. |
| education for a judge: Clarity for Lawyers Mark Adler, Daphne Perry, 2017 Guiding the reader through the pitfalls of legal writing, Adler explains how to prevent ambiguity and mistakes, therefore saving time and getting the message across effectively. |
| education for a judge: Preppy Kitchen John Kanell, 2022-10-04 Decadent, delicious seasonal comfort foods and desserts you can make at home no matter what your cooking level from the beloved social media star @PreppyKitchen. Preppy Kitchen creator John Kanell delivers his fan-favorite recipes and baked goods so everyone can create them at home. Organized by season so you can shop at peak freshness and embrace new traditions, the dishes featured in Preppy Kitchen are inspired by well-loved staples updated with a touch of Kanell’s signature sophistication. Recipes include: -Chive and Parmesan Buttermilk Biscuits -Pecan Shortbread and Rosemary Caramel Bars -Roasted Garlic and Olive-Stuffed Chicken Breasts -Blackberry-Balsamic Pork Chops -Apple Butter and Marzipan Bread -Chorizo Beef Burgers with Queso and Avocado -Fresh Tostadas with Green Tomato and Mango Salsa -And many more! In addition to the delicious recipes that feature tips and tricks throughout to help save time in the kitchen, Kanell includes special projects, everything from making flower arrangements and winter wreaths to pickling vegetables. Through these mouthwatering recipes, inspirational crafts, and beautiful photography, Preppy Kitchen is sure to delight longtime fans and newcomers alike. |
| education for a judge: On the Battlefield of Merit Daniel R. Coquillette, Bruce A. Kimball, 2015-10-23 Harvard Law School pioneered educational ideas, including professional legal education within a university, Socratic questioning and case analysis, and the admission and training of students based on academic merit. On the Battlefield of Merit offers a candid account of a unique legal institution during its first century of influence. |
| education for a judge: Beyond Heroes and Holidays Enid Lee, Deborah Menkart, Margo Okazawa-Rey, 2002 Interdisciplinary manual analyzes the roots of racism through lessons and readings by numerous educators. Issues such as tracking, parent/school relations, and language policies are addressed along with readings and lessons for pre- and in-service staff development. All levels. |
| education for a judge: Transportation Code Texas, 1999 |
| education for a judge: Woodstock Nation Abbie Hoffman, 1969 Abbie Hoffman, Yippie non-leader, notorious dope addict and up-and-coming rock group (the WHAT), is currently on trial with seven others for conspiracy to incite riot during the Democratic Convention. When he returned from the Woodstock Festival he had five days before leaving for Chicago to prepare for the trial. Woodstock Nation, which the author wrote in longhand while lying upside down, stoned, on the floor of an unused office of the publisher, is the product of those five days. Other works by Mr. Hoffman include Revolution for the Hell of It and Fuck the System, which he describes as a tender love epic.-- Back cover. |
| education for a judge: Getting Started as a Federal Judge United States. Administrative Office of the United States Courts. Office of Judges Programs, 2005 |
| education for a judge: Resolving Gerrymandering Robert Schafer, 2021 Introduction -- Congressional Districts -- Political question -- One person, one vote -- State Legislative Districts -- Gerrymandering -- Manageable standard for resolving gerrymandering -- Conclusion. |
| education for a judge: Judges on Judging David M. O′Brien, 2016-05-20 Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features off-the-bench writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary. Judges on Judging is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts. —Douglas Edlin, Dickinson College |
| education for a judge: How Do Judges Decide? Cassia Spohn, 2002-01-28 The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system. |
| education for a judge: Ethical Principles for Judges Canadian Judicial Council, 1998 This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest. |
| education for a judge: How to Become a Lawyer? Izabela Krasnicka, Magdalena Perkowska, 2013 The book presents academic education in European countries and USA and special requirements, education and professional exams giving the right to perform legal professions. Each part is a guide through internal regulations leading to legal professions. The reader can see the differences and similarities in the European systems of presented countries. |
| education for a judge: The School Segregation Decision Albert Coates, James C. N. Paul, 2013-02 A Report To The Governor Of North Carolina On The Decision Of The Supreme Court Of The United States On May 17, 1954. |
| education for a judge: The Responsive Judge Tania Sourdin, Archie Zariski, 2018-07-06 This book focuses on the changing role of judges in courts, tribunals, and other forums across a variety of jurisdictions. With contributions by international experts in judicial administration and senior judicial figures, it provides a unique comparative perspective on the role of modern judges in a rapidly evolving environment and the pressures of effective judicial administration. The chapters are sourced from a Collaborative Research Network focused on innovations in judging, and sponsored by the international Law and Society Association. The book provides essential insights and perspectives for judges, judicial officers, and administrators, allowing them to respond to the challenges of the twenty-first century. It is also a valuable resource for legal practitioners and judicial experts, shedding light on the role of the modern judge and the strategies they employ. |
| education for a judge: Representing Parents in Child Welfare Cases Martin Guggenheim, Vivek S. Sankaran, 2015 Representing Parents in Child Welfare Cases is a guide for attorneys representing parents accused of parental unfitness due to abuse or neglect. Competent legal representation is often the sole support a parent has when working with the child welfare system. This book provides practical tips for attorneys at each stage of the process. |
| education for a judge: Wrightslaw Peter W. D. Wright, Pamela Darr Wright, 2002 Aimed at parents of and advocates for special needs children, explains how to develop a relationship with a school, monitor a child's progress, understand relevant legislation, and document correspondence and conversations. |
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