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In "What's Law Got to Do With It?," the nation's top legal scholars
and political scientists examine to what extent the law actually
shapes how judges behave and make decisions, and what it means for
society at large.
Although there is a growing consensus among legal scholars and
political scientists, significant points of divergence remain.
Contributors to this book explore ways to reach greater accord on
the complexity and nuance of judicial decisionmaking and judicial
elections, while acknowledging that agreement on what judges do is
not likely to occur any time soon.
As the first forum in which political scientists and legal scholars
engage with one another on these hot button issues, this volume
strives to establish a true interdisciplinary conversation. The
inclusion of reactions from practicing judges puts into high relief
the deep-seated and opposing beliefs about the roles of law and
politics in judicial work.
In "What's Law Got to Do With It?," the nation's top legal scholars
and political scientists examine to what extent the law actually
shapes how judges behave and make decisions, and what it means for
society at large.
Although there is a growing consensus among legal scholars and
political scientists, significant points of divergence remain.
Contributors to this book explore ways to reach greater accord on
the complexity and nuance of judicial decisionmaking and judicial
elections, while acknowledging that agreement on what judges do is
not likely to occur any time soon.
As the first forum in which political scientists and legal scholars
engage with one another on these hot button issues, this volume
strives to establish a true interdisciplinary conversation. The
inclusion of reactions from practicing judges puts into high relief
the deep-seated and opposing beliefs about the roles of law and
politics in judicial work.
As the legal profession undergoes structural changes, longstanding
principles of ethics still govern the day-to-day lives of
practicing lawyers. This new Hornbook on professional
responsibility provides both a snapshot of ongoing systemic changes
and a thorough examination of the fundamentals of lawyer and
judicial ethics. As a multi-dimensional work by scholarly experts
in several fields, the Hornbook (1) begins with the changing
environment in which legal services are provided in the modern
economy; (2) continues with a theoretical grounding of legal ethics
in moral philosophy; (3) offers empirical evidence and discussion
about professional formation and moral development; (4) provides a
comprehensive analysis of the law of lawyer ethics; (5) includes a
rich discussion of the modern law of legal malpractice, and (6)
concludes with exploration of the rules of judicial ethics.
The rule of law paradigm has long operated on the premise that
independent judges disregard extralegal influences and impartially
uphold the law. A political transformation several generations in
the making, however, has imperiled this premise. Social science
learning, the lessons of which have been widely internalized by
court critics and the general public, has shown that judicial
decision-making is subject to ideological and other extralegal
influences. In recent decades, challenges to the assumptions
underlying the rule of law paradigm have proliferated across a
growing array of venues, as critics agitate for greater political
control of judges and courts. With the future of the rule of law
paradigm in jeopardy, this book proposes a new way of looking at
how the role of the American judiciary should be conceptualized and
regulated. This new, "legal culture paradigm" defends the need for
an independent judiciary that is acculturated to take law seriously
but is subject to political and other extralegal influences. The
book argues that these extralegal influences cannot be eliminated
but can be managed, by balancing the needs for judicial
independence and accountability across competing perspectives, to
the end of enabling judges to follow the "law" (less rigidly
conceived), respect established legal process, and administer
justice.
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