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Judicial decision-making may ideally be impartial, but in reality
it is influenced by many different factors, including institutional
context, ideological commitment, fellow justices on a panel, and
personal preference. Empirical literature in this area increasingly
analyzes this complex collection of factors in isolation, when a
larger sample size of comparative institutional contexts can help
assess the impact of the procedures, norms, and rules on key
institutional decisions, such as how appeals are decided. Four
basic institutional questions from a comparative perspective help
address these studies regardless of institutional context or
government framework. Who decides, or how is a justice appointed?
How does an appeal reach the court; what processes occur? Who is
before the court, or how do the characteristics of the litigants
and third parties affect judicial decision-making? How does the
court decide the appeal, or what institutional norms and strategic
behaviors do the judges perform to obtain their preferred outcome?
This book explains how the answers to these institutional questions
largely determine the influence of political preferences of
individual judges and the degree of cooperation among judges at a
given point in time. The authors apply these four fundamental
institutional questions to empirical work on the Supreme Courts of
the US, UK, Canada, India, and the High Court of Australia. The
ultimate purpose of this book is to promote a deeper understanding
of how institutional differences affect judicial decision-making,
using empirical studies of supreme courts in countries with similar
basic structures but with sufficient differences to enable
meaningful comparison.
This book is about the man deep within me. He's the man who lives
within everyone of us, but is locked in the dungeon of our heart
and we would never want anyone to hear his thoughts. He's the bad
side of me that no one thinks I have. Everyone believes I'm the
gentle person who just takes the slap on the face and then turns
the other cheek. What people don't know is that if I'm hurt by
someone and lose control, then the beast within me speaks and acts
out. He's the dragon that once ruled my life, but now is in a cage
somewhere in my heart. He's the person I could be if he gets out of
his cage and comes forth. He's the one who speaks in this book.
He's the side of me you'd never want to know.
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