Comparative Judicial Politics synthesizes the now extensive scholarly work on judicial politics from around the world, focusing on legal traditions, lawyers, judges, constitutional review, international and transnational courts, and the impact and legitimacy of courts. It offers typologies where relevant and intentionally raises questions to challenge readers’ preconceptions of “best” practices.
Forty-three women who have made major contributions to the law through their work in the legal profession, scholarly legal research, and political activism directed at socio-legal reforms are profiled in this bio-bibliographical sourcebook. The women featured are from countries and regions with a Western legal tradition, including North America, Europe, Israel, Japan, the Philippines, and Africa. Each profile contains extended biographical information and details significant achievements and contributions to the law made by each woman, followed by references. Forty-three women who have made major contributions to the law through their work in the legal profession, scholarly legal research, and political activism directed at socio-legal reforms are profiled in this bio-bibliographical sourcebook. The women featured are from countries and regions with a Western legal tradition, including North America, Europe, Israel, Japan, the Philippines, and Africa. Each profile contains extended biographical information—their family backgrounds, education, and career development—and their significant achievements and contributions to law. The women featured include a number of those who were path-breakers like Sandra Day O'Connor, the first woman justice of the U.S. Supreme Court, and Bertha Wilson, the first woman to sit on the Canadian Supreme Court. Scholars like Margaret Somerville (Canada) and Beverly Blair Cook (U.S.), and political activists like Helene St^Docker (Germany) and Leah Tsemel (Israel) are also included. The introduction to the work presents a comprehensive and historical overview of the role of women as citizens, scholars, lawyers, judges, office holders, and activists, and also provides a review of the scholarship on women in law.
Impeachment by the House and conviction by the Senate are the sole means of removing presidents and other federal officials from office. The congressional power to do so had been used sparingly until the early 1980s, when three federal judges were removed by the Senate in almost as many years. Through extensive use of original transcripts, Mary Volcansek analyzes the criminal and congressional proceedings that led to the Senate's conviction and removal of U.S. Judges Harry Claiborne (Nevada), Walter Nixon (Mississippi), and Alcee Hastings (Florida). Claiborne and Nixon both had already been convicted of felonies, yet they demanded impeachment and trial rather than resign their judicial appointments. They and Hastings portrayed themselves as victims of vendettas, claims that altered little when the Senate considered their cases. Volcansek explores various political and legal explanations for the rise in impeachments, among them the Judicial Conduct Act of 1980; the Public Integrity Office of the U.S. Department of Justice; partisanship and ideology; and judicial corruption. She also shows how the cases of Claiborne, Hastings, and Nixon are more than studies in judicial misconduct: the events leading to their Senate convictions, she is convinced, allow evaluation of how law enforcement, the Judicial Conduct Act, impeachment, and politics fit together. Finally, she considers the impeachments in the context of the competing ideals of judicial accountability and independence, suggesting that a type of special counsel be used to investigate alleged judicial misbehavior as a means of stemming misconduct while insulating the judiciary from executive or partisan interference.
Comparative Judicial Politics synthesizes the now extensive scholarly work on judicial politics from around the world, focusing on legal traditions, lawyers, judges, constitutional review, international and transnational courts, and the impact and legitimacy of courts. It offers typologies where relevant and intentionally raises questions to challenge readers’ preconceptions of “best” practices.
Politics in Europe, Seventh Edition introduces students to the power of the European Union as well as seven political systems—the UK, France, Germany, Italy, Sweden, Russia, Poland—within a common analytical framework that enables students to conduct both single-case and cross-national analysis. Each case addresses the most relevant questions of comparative political analysis: who governs, on behalf of what values, with the collaboration of what groups, in the face of what kind of opposition, and with what socioeconomic and political consequences? Packed with captivating photos and robust country descriptions from regional specialists, the Seventh Edition enables students to think critically about these questions and make meaningful cross-national comparisons.
This comparative study explores the lives of some of the women who first initiated challenges to male exclusivity in the legal professions in the late-nineteenth and early-twentieth centuries. Their challenges took place at a time of considerable optimism about progressive societal change, including new and expanding opportunities for women, as well as a variety of proposals for reforming law, legal education, and standards of legal professionalism. By situating women's claims for admission to the bar within this reformist context in different jurisdictions, the study examines the intersection of historical ideas about gender and about legal professionalism at the turn of the twentieth century. In exploring these systemic issues, the study also provides detailed examinations of the lives of some of the first women lawyers in six jurisdictions: the United States, Canada, Britain, New Zealand and Australia, India, and western Europe. In exploring how individual women adopted different legal arguments in litigated cases, or devised particular strategies to overcome barriers to professional work, the study assesses how shifting and contested ideas about gender and about legal professionalism shaped women's opportunities and choices, as well as both support for and opposition to their claims. As a comparative study of the first women lawyers in several different jurisdictions, the book reveals how a number of quite different women engaged with ideas of gender and legal professionalism at the turn of the twentieth century.
“It’s a girl!” the Ontario press announced, as Canada’s first woman lawyer was called to the Ontario bar in February 1897. Quiet Rebels explores experiences of exclusion among the few women lawyers for the next six decades, and how their experiences continue to shape gender issues in the contemporary legal profession. Mary Jane Mossman tells the stories of all 187 Ontario women lawyers called to the bar from 1897 to 1957, revealing the legal profession’s gendered patterns. Comprising a small handful of students—or even a single student—at the Law School, women were often ignored, and they faced discrimination in obtaining articling positions and legal employment. Most were Protestant, white, and middle-class, and a minority of Jewish, Catholic, Black, and immigrant women lawyers faced even greater challenges. The book also explores some changes, as well as continuities, for the much larger numbers of Ontario women lawyers in recent decades. This longitudinal study of women lawyers’ gendered experiences in the profession during six decades of social, economic, and political change in early twentieth-century Ontario identifies factors that created—or foreclosed on—women lawyers’ professional success. The book’s final section explores how some current women lawyers, despite their increased numbers, must remain “quiet rebels” to succeed.
This collection of reviews is arranged by broad subject and indexed by narrow subject, by format and by title. This work offers nearly 50 reference sources, both print and electronic, published between 1996 and 1997.
The first truly comparative assessment of how democracies seek to constrain and limit judicial misbehavior. . . . Clear, insightful conclusions."--Martin Edelman, SUNY, Albany Judicial power poses a dilemma for democratic societies: judges exert political power but typically are not democratically accountable for their use of it. This book is a comparative study of the discipline and removal of errant judges in four Western nations--France, Italy, England, and the United States. Democracies place a high premium on maintaining the appearance of judicial independence, and formal mechanisms ensuring it normally include lengthy and secure tenure and adequate salary. Federal judges in the United States come close to absolute independence, since they serve in their position for life; in more than 200 years, only seven have been removed from office. Still, democratic theory requires that the service of public officials always be temporary and conditional. This book shows how each of the four countries views accountability as proportionate to power. English, French, and Italian judges cannot challenge the democratic authority of the state, and their accountability is less democratically maintained. In the English system, discipline is the prerogative of Parliament; the French largely police their own ranks. In the United States, where judges wield considerable power, they may be removed through election in many states or through the actions of elected political representatives. The book concludes that the tension between democratic goals supports a rationalizing principle for nations tilting in favor of either accountability or independence. Mary L. Volcansek, professor of political science at Florida International University, is the author or editor of several books, including Judicial Impeachment: None Called for Justice and Judicial Politics in Europe: An Impact Analysis, and has published articles in such journals as Comparative Political Studies, West European Politics, and Judicature. Maria Elisabetta de Franciscis, assistant professor of political science at Universita di Napoli, Federico, II, is the author of Italy and the Vatican. Jacqueline Lucienne Lafon, associate professor of law at Universite de Paris, XI, is the author of two books in French and, with Mary Volcansek, of Judicial Selection: The Cross-Evolution of French and American Practices.
A case study of the Italian Constitutional Court examining its institutional actions since its inception in 1956. Volcansek (political science, Florida International U. argues that the Court (much like its counterparts in other parts of Europe) steers a line between acting as strict interpreter of law and acting as a policy maker. She applies an institutionalist model to explain the Court's roles and structural features. Of particular importance is the role of the Court in negotiating executive-legislative relations, as well as its decisions allowing for popular referendums.
Impeachment by the House and conviction by the Senate are the sole means of removing presidents and other federal officials from office. The congressional power to do so had been used sparingly until the early 1980s, when three federal judges were removed by the Senate in almost as many years. Through extensive use of original transcripts, Mary Volcansek analyzes the criminal and congressional proceedings that led to the Senate's conviction and removal of U.S. Judges Harry Claiborne (Nevada), Walter Nixon (Mississippi), and Alcee Hastings (Florida). Claiborne and Nixon both had already been convicted of felonies, yet they demanded impeachment and trial rather than resign their judicial appointments. They and Hastings portrayed themselves as victims of vendettas, claims that altered little when the Senate considered their cases. Volcansek explores various political and legal explanations for the rise in impeachments, among them the Judicial Conduct Act of 1980; the Public Integrity Office of the U.S. Department of Justice; partisanship and ideology; and judicial corruption. She also shows how the cases of Claiborne, Hastings, and Nixon are more than studies in judicial misconduct: the events leading to their Senate convictions, she is convinced, allow evaluation of how law enforcement, the Judicial Conduct Act, impeachment, and politics fit together. Finally, she considers the impeachments in the context of the competing ideals of judicial accountability and independence, suggesting that a type of special counsel be used to investigate alleged judicial misbehavior as a means of stemming misconduct while insulating the judiciary from executive or partisan interference.
Forty-three women who have made major contributions to the law through their work in the legal profession, scholarly legal research, and political activism directed at socio-legal reforms are profiled in this bio-bibliographical sourcebook. The women featured are from countries and regions with a Western legal tradition, including North America, Europe, Israel, Japan, the Philippines, and Africa. Each profile contains extended biographical information and details significant achievements and contributions to the law made by each woman, followed by references. Forty-three women who have made major contributions to the law through their work in the legal profession, scholarly legal research, and political activism directed at socio-legal reforms are profiled in this bio-bibliographical sourcebook. The women featured are from countries and regions with a Western legal tradition, including North America, Europe, Israel, Japan, the Philippines, and Africa. Each profile contains extended biographical information—their family backgrounds, education, and career development—and their significant achievements and contributions to law. The women featured include a number of those who were path-breakers like Sandra Day O'Connor, the first woman justice of the U.S. Supreme Court, and Bertha Wilson, the first woman to sit on the Canadian Supreme Court. Scholars like Margaret Somerville (Canada) and Beverly Blair Cook (U.S.), and political activists like Helene St^Docker (Germany) and Leah Tsemel (Israel) are also included. The introduction to the work presents a comprehensive and historical overview of the role of women as citizens, scholars, lawyers, judges, office holders, and activists, and also provides a review of the scholarship on women in law.
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