POLS 104 Lecture Notes - Lecture 18: Pragmatism, Santa Barbara City College, Precedent
Document Summary
Policy differences between selection mechanisms worry about reelection. Appointment more willing to enact drastic changes since they do not have to. Election more responsive to electorate; allegations of capture by interest groups. Recusal judges can (and are required to in some situations) remove themselves that fund campaigns (bias) from hearing a case because of personal conflicts. Currently 890 federal judgeships (9; 179; 677) There are 147 federal vacancies, creating a stagnancy of sorts in terms of. Some have been vacant for as long as 4 or 5 years. 1 has been vacant for almost 12years. Case or controversy that court can remedy. Parties present evidence and both sides get to see it and cross-examine witnesses. Past conduct and binding only on parties. They take into account the original intent of precedents. Legalistic theories: role of law and judges in policy-making. Realistic theories: roles of politics and individual preferences. Polling jurisdictions: looks at what courts in other jurisdictions (even countries)
