Advice and Consent
The Politics of Judicial Appointments
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Advice and Consent by Lee Epstein
Book DescriptionFrom Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices-and threats to filibuster lower court judges-the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process-one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
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Book DetailsISBN: 9780195315837
(226mm x 145mm x 15mm)
Imprint: Oxford University Press Inc
Publisher: Oxford University Press Inc
Publish Date: 22-Mar-2007
Country of Publication: United States
Books By Author Lee Epstein
Constitutional Law for a Changing America, Paperback (October 2015)
Draws on political science as well as legal studies to analyze and excerpt cases
Supreme Court Compendium, Hardback (September 2015)
The Supreme Court Compendium provides historical and statistical information on the Supreme Court, including its institutional development, decision trends and its impact.
Introduction to Empirical Legal Research, Paperback (August 2014)
An Introduction to Empirical Legal Research introduces empirical methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results.
Behavior of Federal Judges, Hardback (January 2013)» View all books by Lee Epstein
Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.
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Author Biography - Lee Epstein
Lee Epstein is the Edward Mallinckrodt Distinguished University Professor of Political Science and Professor of Law at Washington University and a Fellow of the American Academy of Political and Social Science. She has authored, co-authored, or edited over seventy articles and essays and thirteen books. Jeffrey A. Segal is SUNY Distinguished Professor and Chair of Political Science at Stony Brook University.
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