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JUDGES AND JUSTICES - THE FEDERAL APPELLATE JUDICIARY

NCJ Number
60359
Author(s)
J R SCHMIDHAUSER
Date Published
1979
Length
259 pages
Annotation
THIS ANALYSIS OF THE FEDERAL APPELLATE JUDICIARY IS COUCHED IN A CONCEPTUAL FRAMEWORK ADAPTED FROM MAX WEBER'S THEORY OF THE ASSOCIATION BETWEEN LEGAL AND ECONOMIC SYSTEMS IN CAPITALIST SOCIETIES.
Abstract
THE ANALYSIS MAY SERVE AS A TEXT IN JUDICIAL PROCESS COURSES, AS A SUPPLEMENT TO AMERICAN GOVERNMENT TEXTS OR CONSTITUTIONAL LAW CASEBOOKS IN POLITICAL SCIENCE COURSES, AS SUPPLEMENTARY MATERIAL IN COURSES ON MODERN AMERICAN HISTORY, OR AS A SOURCE OF INFORMATION FOR JUDGES, LAWYERS, AND GENERAL READERS. A MAJOR OBJECTIVE OF THE ANALYSIS IS TO ASSESS THE EXTENT TO WHICH THE FEDERAL COURTS OF APPEAL AND THE U.S. SUPREME COURT HAVE ACHIEVED INSTITUTIONAL STABILITY AND INDEPENDENCE. TOWARD THIS END, THE CRITERIA OF BOUNDARY MAINTENANCE, SPECIALIZATION OF FUNCTIONS, AND DEVELOPMENT OF REGULARIZED INSTITUTIONAL PROCEDURES AND ETHICAL NORMS ARE APPLIED. (THE VALUE OF THESE CRITERIA IN CROSS-NATIONAL AND INTRANATIONAL COMPARISONS OF INSTITUTIONS IS NOTED.) PARTICULAR ATTENTION IS DIRECTED TO THE RELATIONSHIP OF THE FEDERAL APPELLATE JUDICIARY TO THE PRESIDENT, THE FEDERAL BUREAUCRACY, CONGRESS, POLITICAL PARTIES, INTEREST GROUPS, STATE APPELLATE JUDICIARIES, FEDERAL DISTRICT COURTS, AND PROFESSIONAL ASSOCIATIONS (PARTICULARLY THE AMERICAN BAR ASSOCIATION). THE ANALYSIS ENCOMPASSES THE POLITICAL SIGNIFICANCE OF THE MODE OF SELECTING FEDERAL JUDGES AND JUSTICES; THE REALITIES OF THE SELECTION PROCESS (CHARACTERISTICS OF JUSTICES AND JUDGES); THE EVOLUTION AND INSTITUTIONALIZATION OF INTERNAL PROCEDURES AND CUSTOMS OF THE SUPREME COURT AND FEDERAL COURTS OF APPEAL; AND THE RELATIONSHIP OF THESE COURTS TO EACH OTHER, TO STATE COURT SYSTEMS, AND TO PROFESSIONAL ASSOCIATIONS. ALTHOUGH THE FEDERAL APPELLATE JUDICIARY HAS ACHIEVED A HIGH DEGREE OF INSTITUTIONAL STABILITY AND INDEPENDENCE, THAT INDEPENDENCE HAS AT TIMES BEEN THREATENED AND EVEN PARTIALLY UNDERMINED. (LKM)

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