4%20September%20356

4%20September%20356 - INSTITUTIONAL PERSPECTIVES OF COURTS...

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1 INSTITUTIONAL PERSPECTIVES OF COURTS AND JUDGING This slide presentation will be posted after class at This slide presentation will be posted after class at http://www http://www -polisci.tamu.edu/faculty/flemming polisci.tamu.edu/faculty/flemming / “COURTS” --- Idea, Problem, and Issue Basic logic of “courts” Triads and dispute resolution Problem Prevent triad from becoming “two against one” where judge rules contrary to the facts or rule in dispute Issue How to create and maintain the image if not reality of “impartiality” of the actor resolving the dispute or “legitimacy” of the judge Congressional “Attacks” on the Federal Courts • Congressional powers over courts – Budget and salaries – Change jurisdiction of the courts – Procedural rules of courts – Organization of court system – “Oversight” – Confirmation of nominations
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2 2004 YEAR-END REPORT ON THE FEDERAL JUDICIARY I. Overview In this report, I will address the funding crisis currently affecting the federal Judiciary. I will also focus on the recently mounting criticism of judges for engaging in what is often referred to as "judicial activism.“ II. The Judiciary's Budget Crisis The Fiscal Year 2005 budget process has been very difficult. The Judiciary's appropriation for the fiscal year that began on October 1 was not signed into law until December 8. .. Nine out of the last 10 fiscal years began with no appropriations bills passed for the Judiciary …. [R]ising fixed costs that outpace any increased funding from Congress…have required many courts to impose hiring freezes, furloughs, and reductions in force… this resulted in a 6 percent reduction -- 1,350 positions -- in employees other than judges and the staff who work in their chambers… Another issue that I hope will be addressed this year is the critical need for additional judgeships , especially in the courts of appeals… No new court of appeals judgeships have been established since 1990 and
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4%20September%20356 - INSTITUTIONAL PERSPECTIVES OF COURTS...

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