
Courts And Judicial Policymaking
by Banks, Christopher P.; O'Brien, David M.Rent Textbook
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Summary
Table of Contents
Preface | p. vii |
The Nature of Law | |
Legal Systems and Sources of Law | p. 1 |
Legal Systems | p. 4 |
Civil Law | p. 4 |
Common Law | p. 8 |
Ideological Legal Systems | p. 11 |
Religious Legal Systems | p. 12 |
Customary and "Mixed" Legal Systems | p. 13 |
The Nature and Sources of Law | p. 15 |
Public Law | p. 16 |
Private Law | p. 20 |
The Politics of Law and Jurisprudence | p. 28 |
Classical Theories of Jurisprudence | p. 29 |
Natural Law | p. 29 |
Legal Positivism | p. 31 |
Sociological Jurisprudence and Legal Realism | p. 34 |
Contemporary Theories of Jurisprudence | p. 36 |
Economics in Law and Pragmatism | p. 36 |
Feminist Jurisprudence | p. 38 |
Critical Legal and Race Perspectives | p. 39 |
Controversies Over Courts: How Should Judges Interpret The Constitution? | p. 41 |
The Rule of Law and the Judicial Process | p. 47 |
In Comparative Perspective: Constitutional Courts in Europe | p. 50 |
Court Organization and Operation | |
Judicial Organization, Structure, and Administration | p. 57 |
The Origins of U.S. Courts | p. 58 |
The 1789 Judiciary Act | p. 60 |
The Growth of the Federal Judiciary | p. 61 |
Contemporary Judicial Federalism: State and Federal Courts | p. 65 |
State Judiciaries | p. 67 |
The Federal Judiciary | p. 77 |
In Comparative Perspective: Courts in South and Southeast Asia | p. 92 |
The Politics of Judicial Administration | p. 99 |
State Court Administration | p. 100 |
The Administration of the Federal Judiciary | p. 103 |
The Politics of Judicial Reform in the Twenty-First Century | p. 105 |
Controversies Over Courts: Should the Public Finance State Judicial Elections? | p. 107 |
Judicial Recruitment, Retention, and Removal | p. 118 |
State Judicial Selection | p. 119 |
Controversies Over Courts: Are State Judicial Campaigns and Elections too Partisan? | p. 124 |
Federal Judicial Selection | p. 130 |
The Framers and Judicial Selection | p. 130 |
Ideology or Merit? | p. 130 |
The Nomination Process | p. 133 |
The Confirmation Process | p. 140 |
Towards a Representative Bench and a Career Judiciary? | p. 152 |
A Representative Bench? | p. 153 |
In Comparative Perspective: The Career Judiciary in Japan | p. 158 |
Leaving the Bench | p. 162 |
Influences on Judicial Access and Decision-Making | |
The Practice of Law | p. 173 |
The Rise of the American Legal Profession | p. 173 |
Contemporary Legal Education and Bar Admission | p. 176 |
The Business of Legal Practice | p. 180 |
Private Practice | p. 180 |
Government Attorneys | p. 184 |
Corporate Legal Practice | p. 185 |
Public Interest Lawyers and Legal Academia | p. 185 |
Access to Lawyers and Equal Justice | p. 186 |
The Right to Counsel in Criminal Cases | p. 186 |
Legal Representation in Civil Litigation | p. 190 |
Government Subsidized Legal Aid | p. 191 |
Pro Se Representation | p. 192 |
Pro Bono Legal Services | p. 193 |
Access to Courts | p. 199 |
Formal Barriers | p. 200 |
Discretionary Barriers | p. 202 |
The Law of Standing | p. 203 |
Mootness and Ripeness | p. 204 |
The Political Question Doctrine | p. 205 |
Controversies Over Courts: Is the Federal Judiciary Too Small to Provide Equal Access to Justice? | p. 207 |
Organized Interests and Strategic Litigation | p. 210 |
Interest Group Politics and Litigation Strategies | p. 211 |
In Comparative Perspective: Comparative Constitutional Law and Capital Punishment | p. 213 |
The Adversarial Process and Criminal Procedure | p. 220 |
The Adversarial Process | p. 221 |
Trials: Truth or "Fight" Theory? | p. 223 |
Prosecutorial Discretion: From Arrest to Trial | p. 228 |
Initial Appearance | p. 230 |
Preliminary Hearings and Grand Jury Indictments | p. 230 |
Formal Arraignment | p. 231 |
Plea Bargaining | p. 232 |
The Jury's Role | p. 235 |
The Democratic Politics of Citizen Juries | p. 235 |
In Comparative Perspective: Jury Systems Around the World | p. 236 |
Controversies Over Courts: What is the Role of Courts in Times of Crisis and Wartime? | p. 240 |
The Politics of the Posttrial Sentencing Process | p. 250 |
The Growth of Determinate Structured Sentencing | p. 251 |
Civil Litigation | p. 260 |
The Civil Trial Process | p. 261 |
The Nature of Civil Litigation | p. 262 |
Civil Procedure | p. 265 |
Alternative Dispute Resolution | p. 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 Behavior | p. 280 |
The Appellate Decision-Making Process | p. 281 |
Agenda Setting | p. 282 |
Oral Argument | p. 286 |
Judicial Conferences | p. 288 |
Opinion Writing | p. 290 |
Controversies Over Courts: Should Unpublished Judicial Opinions Count as Precedents? | p. 293 |
Studying Judicial Decision Making | p. 297 |
The Attitudinal Model | p. 297 |
New Institutionalism | p. 303 |
Strategic Choice Theory | p. 304 |
Legal Reasoning and Interpretative Approaches | p. 305 |
The Law and Politics of Legal Precedent | p. 306 |
Statutory Interpretation | p. 309 |
Statutory Construction and Administrative Regulation | p. 309 |
Constitutional Interpretation | p. 314 |
The Methods of Constitutional Interpretation | p. 314 |
The Sources of Constitutional Interpretation | p. 316 |
The Scope and Limits of Judicial Power | p. 324 |
Federal Judicial Policymaking: Privacy Rights and Abortion Politics | p. 329 |
In Comparative Perspective: The European Court of Justice and the Globalization of Judicial Power | p. 333 |
The Impact of Judicial Decisions | p. 338 |
The Politics of Gay Rights and Same Sex-Marriages: A Case Study | p. 341 |
The Limitations of Judicial Power | p. 345 |
Internal Constraints | p. 345 |
External Restraints | p. 346 |
Controversies Over Courts: Do Courts Forge Major Social Change? | p. 352 |
Case Index | p. 363 |
Index | p. 365 |
Table of Contents provided by Ingram. All Rights Reserved. |
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