Courts And Judicial Policymaking

by ;
Edition: 1st
Format: Paperback
Pub. Date: 2006-12-18
Publisher(s): Pearson
List Price: $90.80

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Summary

For courses in courts and judicial process; and law and society. The scope of its coverage, and its high academic quality, makes it attractive for graduate courses as well. Courts and Judicial Policymakingis the only comprehensive textbook on courts, law, and judicial policymaking. The authors wrote this book to fill a need for a comprehensive textbook on law and judicial policymaking. The authors present and combine both legal and political science perspectives, and provide an alternative to pre-existing and limited judicial process texts that do not combine legal academy and political science approaches, overemphasize federal courts, and present a limited comparative judicial process analysis; and, instead, offer a fresh perspective on the contemporary politics of law, courts, the legal profession, and judicial policymaking, often with an underlying comparative judicial process perspective.

Table of Contents

Prefacep. vii
The Nature of Law
Legal Systems and Sources of Lawp. 1
Legal Systemsp. 4
Civil Lawp. 4
Common Lawp. 8
Ideological Legal Systemsp. 11
Religious Legal Systemsp. 12
Customary and "Mixed" Legal Systemsp. 13
The Nature and Sources of Lawp. 15
Public Lawp. 16
Private Lawp. 20
The Politics of Law and Jurisprudencep. 28
Classical Theories of Jurisprudencep. 29
Natural Lawp. 29
Legal Positivismp. 31
Sociological Jurisprudence and Legal Realismp. 34
Contemporary Theories of Jurisprudencep. 36
Economics in Law and Pragmatismp. 36
Feminist Jurisprudencep. 38
Critical Legal and Race Perspectivesp. 39
Controversies Over Courts: How Should Judges Interpret The Constitution?p. 41
The Rule of Law and the Judicial Processp. 47
In Comparative Perspective: Constitutional Courts in Europep. 50
Court Organization and Operation
Judicial Organization, Structure, and Administrationp. 57
The Origins of U.S. Courtsp. 58
The 1789 Judiciary Actp. 60
The Growth of the Federal Judiciaryp. 61
Contemporary Judicial Federalism: State and Federal Courtsp. 65
State Judiciariesp. 67
The Federal Judiciaryp. 77
In Comparative Perspective: Courts in South and Southeast Asiap. 92
The Politics of Judicial Administrationp. 99
State Court Administrationp. 100
The Administration of the Federal Judiciaryp. 103
The Politics of Judicial Reform in the Twenty-First Centuryp. 105
Controversies Over Courts: Should the Public Finance State Judicial Elections?p. 107
Judicial Recruitment, Retention, and Removalp. 118
State Judicial Selectionp. 119
Controversies Over Courts: Are State Judicial Campaigns and Elections too Partisan?p. 124
Federal Judicial Selectionp. 130
The Framers and Judicial Selectionp. 130
Ideology or Merit?p. 130
The Nomination Processp. 133
The Confirmation Processp. 140
Towards a Representative Bench and a Career Judiciary?p. 152
A Representative Bench?p. 153
In Comparative Perspective: The Career Judiciary in Japanp. 158
Leaving the Benchp. 162
Influences on Judicial Access and Decision-Making
The Practice of Lawp. 173
The Rise of the American Legal Professionp. 173
Contemporary Legal Education and Bar Admissionp. 176
The Business of Legal Practicep. 180
Private Practicep. 180
Government Attorneysp. 184
Corporate Legal Practicep. 185
Public Interest Lawyers and Legal Academiap. 185
Access to Lawyers and Equal Justicep. 186
The Right to Counsel in Criminal Casesp. 186
Legal Representation in Civil Litigationp. 190
Government Subsidized Legal Aidp. 191
Pro Se Representationp. 192
Pro Bono Legal Servicesp. 193
Access to Courtsp. 199
Formal Barriersp. 200
Discretionary Barriersp. 202
The Law of Standingp. 203
Mootness and Ripenessp. 204
The Political Question Doctrinep. 205
Controversies Over Courts: Is the Federal Judiciary Too Small to Provide Equal Access to Justice?p. 207
Organized Interests and Strategic Litigationp. 210
Interest Group Politics and Litigation Strategiesp. 211
In Comparative Perspective: Comparative Constitutional Law and Capital Punishmentp. 213
The Adversarial Process and Criminal Procedurep. 220
The Adversarial Processp. 221
Trials: Truth or "Fight" Theory?p. 223
Prosecutorial Discretion: From Arrest to Trialp. 228
Initial Appearancep. 230
Preliminary Hearings and Grand Jury Indictmentsp. 230
Formal Arraignmentp. 231
Plea Bargainingp. 232
The Jury's Rolep. 235
The Democratic Politics of Citizen Juriesp. 235
In Comparative Perspective: Jury Systems Around the Worldp. 236
Controversies Over Courts: What is the Role of Courts in Times of Crisis and Wartime?p. 240
The Politics of the Posttrial Sentencing Processp. 250
The Growth of Determinate Structured Sentencingp. 251
Civil Litigationp. 260
The Civil Trial Processp. 261
The Nature of Civil Litigationp. 262
Civil Procedurep. 265
Alternative Dispute Resolutionp. 270
In Comparative Perspective: Transnational Courts-Quasi-Judicial Tribunals Under the North American Free Trade Agreement (NAFTA)p. 274
Judicial Policymaking
Judicial Decision-Making and Behaviorp. 280
The Appellate Decision-Making Processp. 281
Agenda Settingp. 282
Oral Argumentp. 286
Judicial Conferencesp. 288
Opinion Writingp. 290
Controversies Over Courts: Should Unpublished Judicial Opinions Count as Precedents?p. 293
Studying Judicial Decision Makingp. 297
The Attitudinal Modelp. 297
New Institutionalismp. 303
Strategic Choice Theoryp. 304
Legal Reasoning and Interpretative Approachesp. 305
The Law and Politics of Legal Precedentp. 306
Statutory Interpretationp. 309
Statutory Construction and Administrative Regulationp. 309
Constitutional Interpretationp. 314
The Methods of Constitutional Interpretationp. 314
The Sources of Constitutional Interpretationp. 316
The Scope and Limits of Judicial Powerp. 324
Federal Judicial Policymaking: Privacy Rights and Abortion Politicsp. 329
In Comparative Perspective: The European Court of Justice and the Globalization of Judicial Powerp. 333
The Impact of Judicial Decisionsp. 338
The Politics of Gay Rights and Same Sex-Marriages: A Case Studyp. 341
The Limitations of Judicial Powerp. 345
Internal Constraintsp. 345
External Restraintsp. 346
Controversies Over Courts: Do Courts Forge Major Social Change?p. 352
Case Indexp. 363
Indexp. 365
Table of Contents provided by Ingram. All Rights Reserved.

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