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Monday, July 20, 2020 | History

1 edition of The recall of judges and judicial decisions found in the catalog.

The recall of judges and judicial decisions

by Augustus Peabody Gardner

  • 2 Want to read
  • 17 Currently reading

Published by Govt. Print. Off. in Washington .
Written in English


Edition Notes

Statementspeech of Hon. Augustus P. Gardner of Massachusetts in the House of Representatives, April 4, 1912
The Physical Object
Pagination24 p.
Number of Pages24
ID Numbers
Open LibraryOL26366056M
OCLC/WorldCa82579345

  "In addition to the thoughtful analysis at the core of the book's mission, Judicial Discretion gives insight into both the author's recognition of the imprecision inherent in language as well as into his frustration at dealing with that imprecision This book should interest any thoughtful judge. It should also interest a broader audience of lawyers and non-lawyers, since it directly. The judge over your shoulder — A guide to good decision making 9 What can be challenged by judicial review? Quick link to full details — sections 2 2 of “What constitutes a decision?” on page 33 Judicial review can challenge: • direct decisions affecting a particular person or group, e g a decision to detain an individualFile Size: KB.

Roosevelt endorsed “judicial recall,” but that term stood not for ending a judge’s term but rather for letting the people vote on reversing a decision made by a court. according to this book, the inability of the California legislature to make decisions that benefit the state as a whole is due to a. the influence of interest groups two-thirds requirements to raise taxes c. california's size and diversity the above.

  Santa Clara County Superior Court Judge Aaron Persky, 56, became the target of a recall after sentencing Turner, who could have faced 14 . The Marshall Project, named for former Supreme Court Justice Thurgood Marshall, notes in writing about the Stanford case, that while 19 states allow for recall of state officials, only 8 allow for recall for judges “because the judicial branch is traditionally seen as deserving protection from popular whim, political pressure, or, as in this.


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The recall of judges and judicial decisions by Augustus Peabody Gardner Download PDF EPUB FB2

This is a reproduction of a book published before This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning by: 1.

Excerpt from Selected Articles on the Recall: Including the Recall of Judges and Judicial Decisions There are many evils in our present judiciary system. The delay and expense of litigation is too great. Decisions are based on legal technicalities and outworn precedent rather than reason and com mon sense.

About the PublisherAuthor: Edith M. Phelps. It is such writings, that lead one to say, the recall of judges and of judicial decisions will mean, that judges in that day will have to have "understanding in the times, to know what Israel ought to do," for, if they fail in gauging popular sentiment, then they may be recalled and their decisions annulled.

RECALL OF JUDICIAL DECISIONS violate fundamental ideas of social justice. But ideas of morality and social justice change with changing social and economic conditions.

A regulation of persons or property which is arbi-trary and unfair to one generation is. THE RECALL OF JUDGES. THE RECALL OF JUDGES By Senator Robert L. O'wen. The Federal judges should be elected subject to recall by reso-lution of Congress.

This policy should be pursued to keep them in sympathy with the matured judgment of the American people. The same reasoning which justified the States in the control of.

In a remarkable new book, Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made, 13 trial judges (from criminal, civil, probate and family courts) remove their judicial masks and look back, retelling complex stories of their most difficult cases.

The recall of Judge Persky from Santa Clara County is just one example of the pernicious effects of holding a judge mute in the face of repeated and widespread attacks on a single lawful decision.

Judges facing unfair criticism in recalls or election challenges is becoming more prevalent. And the trend is likely to continue, particularly with. Judge v Robot. Artificial Intelligence and Judicial Decision-Making reshape the judicial role.

However, the writer contends that developments may change the interactive nature of the role, varying the adjudicative function with the potential to remove judges from an adjudicative function altogether.

WhilstFile Size: KB. the judicial hunch and “formalist” in the sense that it recognizes the importance of deliberation in constraining the inevitable, but often undesirable, influence of intuition Our model departs significantly from recent research on judicial decision making in two ways.

First, most judicial scholars. Recall differs from another method for removing officials from office— impeachment —in that it is a political device while impeachment is a legal process.

Impeachment typically requires a state legislature’s lower chamber to bring specific charges, and the upper chamber to act as the jury in an impeachment trial. In contrast, in most of. The Law and History of Recall of Judges.

The recall has been a power of the state electorate since This power is defined by California constitution Article 2, section “Recall is the power of the electors to remove an elective officer.” Since its inception, the recall has been mainly used on the local level.

Free 2-day shipping. Buy Selected Articles on the Recall: Including the Recall of Judges and Judicial Decisions.

at nd: Multiple Contributors. How JUDGES JUDGE: THEORIES ON JUDICIAL DECISION MAKING by Timothy J. Capurso The great tides and currents which engulf the rest of men do not turn aside in their course, and pass judges by. Benjamin N.

Cardozo The Nature of the Judicial Process, Whoever hath an absolute authority to interpret any written or spoken laws,Author: Timothy J. Capurso. Recall is the best system of the preservation of direct democracy.

If the people have no control over their elected representatives or officials, democracy will become meaningless and the representatives and the officials will act arbitrarily. Note: Citations are based on reference standards. However, formatting rules can vary widely between applications and fields of interest or study.

The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. § Recommendation of candidate by electors; filing by candidate of pledge to recall.

When a vacancy occurs in the office of a United States district judge for the district of Arizona, the electors may, by advisory vote, endorse and recommend to the president and the senate of the United States an appointee to fill the vacancy.

Selected articles on the recall, including the recall of judges and judicial decisions. [Edith M Phelps] Home. WorldCat Home About WorldCat Help. Search. Search for Library Items Search for Lists Search for Book\/a>, schema:CreativeWork\/a> ; \u00A0\u00A0\u00A0 library.

Selected articles on the recall: including the recall of judges and judicial decisions by Phelps, Edith M. Publication date Topics Recall, Judges -- United States, Courts -- United States Publisher White Plains, N.Y.

; New York City: H.W. Wilson Collection cdl; americana Digitizing sponsor MSN Contributor University of California LibrariesPages:   Judicial duty often led to the protection of the rights of unpopular minorities, but Hamburger stresses that such decisions”such as the nineteenth-century protection by North Carolina judges of manumitted slaves against retrospective legislation that would have re-enslaved them”was not a product of any empathy the judges felt toward the slaves.

Appointment Of Judges by executive. In nearly all countries other than the United States the judges are appointed by the executive, and even in the United States it is the method followed for the election of the federal judges and in six states for the selection of the state judges.

Circuit councils determine whether there is a substantial need for recall services from bankruptcy and magistrate judges based on court workload. In addition, recall requests that seek staffing or that cost more than a certain amount in additional salary and travel expenses must be approved by a Judicial Conference committee.

Judicial Recall Will Inevitably Lead to Harsher Sentences. Paul Butler is a former federal prosecutor and a law professor at Georgetown University Law Center. He is the author of "Let’s Get Free: A Hip-Hop Theory of Justice.''.Judicial Handbook On Environmental Law Dinah Shelton and Alexandre Kiss the publication for judicial review by a team of eminent judges from developed and developing countries.

The draft was revised and finalized by the Judicial Editorial Manual of Environmental Law, its Compendium of Summaries of Judicial Decisions in.