But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Found inside – Page 111which are the duly arrived at result of duly established procedures ( ) ought to be accepted as binding upon the whole society * * * .157 The ... Along with faith in the legislature went a reluctance to give the judge too much to do , deferring instead to other more competent decisionmakers . ... an exaggeration to call the Legal Process approach a “ procedure - based positivism , ” as Eskridge and Frickey do . Found insideThis groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Found inside – Page 105In an influential text from 1958 , Henry Hart and Albert Sacks expressed the interpreting judge's obligation this way : A judge interpreting a statute with ambiguous language " must resolve ... Eskridge and Phillip Frickey eds . , 1994 ) ( 1958 ) . Found inside – Page 462Law School. Eskridge o . Washington Prison Board36 is the most significant Supreme Court decision , for present purposes , involving the application of the Griffin case to state post - conviction procedures . ... The statute provided that the trial judge could order a transcript of the trial for the indigent if the judge thought that justice would thereby be promoted.37 The transcript was a prerequisite to appeal . Found inside – Page 33Most important , the debate between Manning and Eskridge rests on an assumption , common to both parties , that the contest of interpretive theories must ... Found insideThe book is a significant and welcome addition to the literature. Heumann's investigation of case pressure and plea negotiation demonstrates solid research and careful analysis."—Michigan Law Review Found inside – Page 48rights . The defendant in the persons and property of the pubClaudy case informed the judge lic ? In Eskridge v . ... of the United States Code , in trying and convicting a crim authorizes the procedures invoked inal , but it now has the endless by ... Pretrial services (PS) programs can be valuable resources for making significant improvements in the criminal justice system because they are used in the early stages of the criminal case process. Found inside20 ; and , Eskridge , Interpreting Legislative Inaction , 87 MICH . ... The author , an Immigration Judge with the U . S . Department of Justice , reviews procedures necessary for effective use of key provisions of the Immigration and Nationality Act ... Found inside – Page 427The New American Constitution William N. Eskridge (Jr.), John A. Ferejohn ... that military commissions must (presumptively) follow the procedures set forth ... Found inside – Page 24In Eskridge v . Washington State Board , 47 the Supreme Court struck down a state provision directing a trial judge to furnish a free transcript for use on appeal only upon finding that , “ in his opinion , justice will thereby be promoted . Found inside – Page 65Contents : Criminal procedures in perspective — Fundamental concepts of law The exclusionary rule Police - citizen ... The ESKRIDGE , William N. 346.01'68 Gay marriage : for better or for worse ?: what we've learned from the evidence / William N. Eskridge , Jr. and Darren R. Spedale . ... poison fruit , and other exclusions Double jeopardy and false acquittals : letting felons and judges off the hook ? Found inside – Page 281Finally , an additional flaw with the procedures in Eskridge and Lane was that there was only one tier of review_by the trial judge in Eskridge ( who understandably had little incentive to find any error warranting an appeal ) and by the public ... This work is written primarily for law students who are learning negotiating skills in clinical courses, but it will serve equally well for lawyers and others who are interested in the topic of negotiation. Found inside – Page 281Finally , an additional flaw with the procedures in Eskridge and Lane was that there was only one tier of review - by the trial judge in Eskridge ( who ... Found inside – Page 148176 Was the judge supposed to hold the legislature to an external standard ... the Legal Process approach a “ procedure - based positivism , ” as Eskridge ... Found insideThe revised ninth edition of this popular casebook fully reflects the restyled Federal Rules of Civil Procedure and covers important new Supreme Court cases on pleading, federal jurisdiction, summary judgment, and due process. If I have been charitable in my judgments of my fellow man; if I have tried to help him as best I could; if I have done my utmost to truly understand him, I know why I have taken this course - I could not help it. Found inside – Page 215... 169–171 scope of, 11 time limits on procedures, 12, 56 Eskridge, William, ... pervasive conduct doctrine, 130 stray remarks doctrine, 72 federal judges. Found inside – Page 92... by the legislature or determined judges” (Eskridge and Ferejohn 2001, 1217; ... Constitution can “be validly amended by processes that fall outside the ... Found inside – Page 13823 Also , by emphasizing procedure over substance , the judge is able to avoid the illegitimacy problem — the problem of mixing law and politics — that legal ... Eskridge and Frickey , “ The Making of the Legal Process , ” supra note 16 , at p . This book will leave you laughing and asking if life as a judge can really be this much fun. Found inside – Page 21Under those procedures , the “ accused ” federal agency was responsible for investigating and judging itself , meaning that the agency head made the final ... Found inside – Page 172... ideological elements into legal decision-making (Eskridge, 1987).6 Judges ... writing ignores doubts and replaces them with sub-rules and procedures. Found inside – Page 792California , 372 U.S. 353 ( 1963 ) , this Court has consistently held invalid those procedures “ where the rich man , who ... It smacks of the treatment that Eskridge received , which this Court condemned , that permitted a trial judge to withhold a ... David Faigman's Constitutional Fictions is the first book-length examination of the role of fact-finding in constitutional cases. Found inside – Page 211How would a judge applying Eskridge ' s theory decide this case ? ... according to which the extent to which technical and businesslike devices and procedures are employed in the activity is an important factor , though he would conceive of it ... Found inside – Page 874Judge Desmond , writing for a unanimous court , observed that while most states have constitutional provisions making bail a matter of right in ... on the Judiciary Act of 1789 33 and Rule 46 ( a ) ( 1 ) of the Federal Rules of Criminal Procedure , hinted strongly at a constitutional right to bail . ... 31 See , e.g. , Eskridge v . Found inside – Page 608J. Boyd Eskridge, John F. Amos, Jimmy D. Bartlett. 24. Delp MH , Manning RT . Major's physical diagnosis : an introduction to the clinical process , 9th ed . Philadelphia : WB Saunders Co , 1981 . 25. Judge RD , Zuidema GD , Fitzgerald FT . 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