The judge in a democracy Barak, Aharon; Barak, Aharon
2006., 20090110, 2009, 2006, 2006-01-01
eBook
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most ...contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy.
This long overdue biography of the nation's first African American woman judge elevates Jane Matilda Bolin to her rightful place in American history as an activist, integrationist, jurist, and ...outspoken public figure in the political and professional milieu of New York City before the onset of the modern Civil Rights movement._x000B__x000B_Bolin was appointed to New York City's domestic relations court in 1939 for the first of four ten-year terms. When she retired in 1978, her career had extended well beyond the courtroom. Drawing on archival materials as well as a meeting with Bolin in 2002, historian Jacqueline A. McLeod reveals how Bolin parlayed her judicial position to impact significant reforms of the legal and social service system in New York._x000B__x000B_Beginning with Bolin's childhood and educational experiences at Wellesley and Yale, Daughter of the Empire State chronicles Bolin's relatively quick rise through the ranks of a profession that routinely excluded both women and African Americans. Deftly situating Bolin's experiences within the history of black women lawyers and the historical context of high-achieving black New Englanders, McLeod offers a multi-layered analysis of black women's professionalization in a segregated America._x000B__x000B_Linking Bolin's activist leanings and integrationist zeal to her involvement in the NAACP, McLeod analyzes Bolin's involvement at the local level as well as her tenure on the organization's national board of directors. An outspoken critic of the discriminatory practices of New York City's probation department and juvenile placement facilities, Bolin also co-founded, with Eleanor Roosevelt, the Wiltwyck School for boys in upstate New York and campaigned to transform the Domestic Relations Court with her judicial colleagues. McLeod's careful and highly readable account of these accomplishments inscribes Bolin onto the roster of important social reformers and early civil rights trailblazers.
The middle-sized German electorate and kingdom of Hannover gives an interesting example for the development of judicial control of administrative acts and stately power in the 18th and 19th century. ...Already in 1711, the elector George 1st established the Higher Court of Appeal in Celle and laid the control of administrative acts in the hands of independent judges according to the court order of 1713. Therefore, the Higher Court of Appeal may be qualified as a constitutional court in the early 18th century. The severe constitutional crisis in 1837 seemed to indicate a break, but it can only be understood if one considers, on the one hand, the interpretation of the constitution concerning a regency and, on the other, the physical condition of the crown prince. Only three years later, the new constitution of 1840 tried to connect with the tradition of 1711/13 and thus secured the review and control of administrative acts and the judgements of lower courts by independent judges of a higher court.
The work evaluates the current judge's selection model towards the new essencial competencies for the exercise of the judiciary. It is the result of a qualitative and quantitative research, colleting ...data from the analysis of tenders for admission to the position of judge of all Courts of Justice and Federal Regional Courts, carried out from 2007 to 2012. It was found that the format of judge tenders, regardless of being shown as a democratic and isonomic method, offers few resources for the recruitment of candidates with the necessary competencies for the performance of the magistracy in the current social and political scenario of the country. By favouring the technical knowledge and the ability of memorizing assessed in multiple choice tests and by making limited use of internal training, through magistracy schools, the Judiciary abdicates to choose the judge profile most suitable for the function.
The work evaluates the current judge's selection model towards the new essencial competencies for the exercise of the judiciary. It is the result of a qualitative and quantitative research, colleting ...data from the analysis of tenders for admission to the position of judge of all Courts of Justice and Federal Regional Courts, carried out from 2007 to 2012. It was found that the format of judge tenders, regardless of being shown as a democratic and isonomic method, offers few resources for the recruitment of candidates with the necessary competencies for the performance of the magistracy in the current social and political scenario of the country. By favouring the technical knowledge and the ability of memorizing assessed in multiple choice tests and by making limited use of internal training, through magistracy schools, the Judiciary abdicates to choose the judge profile most suitable for the function. Key Words: Judiciary. Magistracy. Competencies. Public Tender. O trabalho avalia o atual modelo de concurso diante das novas competencias reputadas essenciais para o exercicio da magistratura. Trata-se do resultado de uma de pesquisa qualitativa e quantitativa, cujos dados foram coletados a partir da analise de provas de concurso para ingresso no cargo de juiz de todos os Tribunais de Justica dos Estados e dos Tribunais Regionais Federais, realizados no periodo de 2007 a 2012. Verificou-se que a forma dos concursos para juiz, nao obstante se mostrar como um metodo democratico e isonomico, oferece poucos recursos para o recrutamento de candidatos com competencias necessarias ao desempenho da magistratura no atual cenario social e politico do pais. Ao privilegiar o conhecimento tecnico e a capacidade de memorizacao aferido em provas de multipla escolha e utilizar de maneira limitada a formacao interna, por meio das escolas de magistratura, o Judiciario abdica de efetivamente escolher o perfil mais adequado de magistrado para a funcao. Palavras Chave: Poder Judiciario. Magistratura. Competencias. Concurso Publico.
Ruth Bader Ginsburg's last book is a curation of her own
legacy, tracing the long history of her work for gender equality
and a "more perfect Union."
In the fall of 2019, Justice Ruth Bader Ginsburg ...visited the
University of California, Berkeley School of Law to deliver the
first annual Herma Hill Kay Memorial Lecture in honor of her
friend, the late Herma Hill Kay, with whom Ginsburg had coauthored
the very first casebook on sex-based discrimination in 1974.
Justice, Justice Thou Shalt Pursue is the result of a
period of collaboration between Ginsburg and Amanda L. Tyler, a
Berkeley Law professor and former Ginsburg law clerk. During
Justice Ginsburg's visit to Berkeley, she told her life story in
conversation with Tyler. In this collection, the two bring together
that conversation and other materials-many previously
unpublished-that share details from Justice Ginsburg's family life
and long career. These include notable briefs and oral arguments,
some of Ginsburg's last speeches, and her favorite opinions that
she wrote as a Supreme Court Justice (many in dissent), along with
the statements that she read from the bench in those important
cases. Each document was chosen by Ginsburg and Tyler to tell the
story of the litigation strategy and optimistic vision that were at
the heart of Ginsburg's unwavering commitment to the achievement of
"a more perfect Union." In a decades-long career, Ruth Bader
Ginsburg was an advocate and jurist for gender equality and for
ensuring that the United States Constitution leaves no person
behind. Her work transformed not just the American legal landscape,
but American society more generally. Ginsburg labored tirelessly to
promote a Constitution that is ever more inclusive and that allows
every individual to achieve their full human potential. As revealed
in these pages, in the area of gender rights, Ginsburg dismantled
long-entrenched systems of discrimination based on outdated
stereotypes by showing how such laws hold back both genders. And as
also shown in the materials brought together here, Justice Ginsburg
had a special ability to appreciate how the decisions of the high
court impact the lived experiences of everyday Americans. The
passing of Justice Ruth Bader Ginsburg in September 2020 as this
book was heading into production was met with a public outpouring
of grief. With her death, the country lost a hero and national
treasure whose incredible life and legacy made the United States a
more just society and one in which "We the People," for whom the
Constitution is written, includes everyone.
This book is the first study specifically to investigate the extent to which US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences. The ...authors examine this dynamic by creating a unique measure of opinion clarity and then testing whether the Court writes clearer opinions when it faces ideologically hostile and ideologically scattered lower federal courts; when it decides cases involving poorly performing federal agencies; when it decides cases involving states with less professionalized legislatures and governors; and when it rules against public opinion. The data shows the Court writes clearer opinions in every one of these contexts, and demonstrates that actors are more likely to comply with clearer Court opinions.
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