Recommended Titles and Treatises

Judges and Judicial Conduct

The judicial role : statutory interpretation and the pragmatic judicial partner

by William Popkin. Carolina Academic Press. 2013.
218 pages. No updates available.

Should judges be pragmatists, textualists, or intentionalists when judging? Popkin, a leading scholar in this much debated issue of statutory interpretation, makes his case for pragmatic judicial decision making. He describes this type of judging as “a creative act of judgment.” He provides a careful examination and analysis of the judge’s role in a democratic system. In his epilogue, he reflects on the growing mistrust of judges and how that may alter judicial decision making in the years to come.

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