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Courts, Judges, and Politics

ISBN-10: 0072977051
ISBN-13: 9780072977059
Edition: 6th 2006 (Revised)
List price: $153.33 Buy it from $51.05
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Description: This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long:  More...

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Book details

List price: $153.33
Edition: 6th
Copyright year: 2006
Publisher: McGraw-Hill Companies, The
Publication date: 4/19/2005
Binding: Paperback
Pages: 816
Size: 6.75" wide x 9.50" long x 1.25" tall
Weight: 2.288
Language: English

This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long: its effective structure, thorough coverage, narrative voice, choice of excerpts, and teaching flexibility.

"The Nature" of Judging
Political Jurisprudence
Civil and Common Law Systems Conceptualization of Law: School of Jurisprudence
The Institutionalization of Declaratory Theory
Emerging Challenges: Sociological Jurisprudence and Legal Realism
Contemporary Scholarship: The Debate Continues
What Is to Come Readings
Sir William Blackstone, Commentaries on the Laws of England
Alexander Hamilton, The Fedaralist, No. 78 1.3 Alexis de Tocqueville, Judicial Power in the United States
Oliver Wendell Holmes, Jr., The Path of the Law
Banjamin N. Cardozo, The Nature of the Judicial Process
Mary E. Becker, Obscuirng the Struggle: Sex Dsicrimination, Social Security, and Stone, Seidman, Sunstein, and Tushnet''s Constituional Law
Courts in Constitutional Democracies
The Origins of Courts
The Roles of Courts
The Expansion of Judicial Power?
Selected References
Readings:
Lynn Mather, The Fired Football Coach (Or, How Trial Courts Make Policy)
Marbury v. Madison (1803)
Eakin v. Raub (1825)
Robert A. Dahl, Decision Making in a Democracy: The Supreme Court as a National Policy Maker
D. Casper, The Supreme Court and National Policy Making
The American Legal System
Judicial Organization
Establishing the U.S. Legal System
Today''s System of Federal Courts
State Courts
A New Judicial Federalism
Selected References
Readings:
Judiciary CAct of 1789, section 25
Jonathan Matthew Lohen, Inside Appellate Courts
C.K. Rowland and Robert Carp, Politics and Judgement of the Federal District Courts
Charles E. Wyzanski, Jr., The Importance of the Trial Judge
J. Woodford Howard, Jr., Litigation Flow in Three United Stated Courts of Appeals
Victor Williams, Solutions to Federal Judicial Gridlock, and John O. Newman, 1,000 Judges--The Limit for an Effective Federal Judiciary
Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedmna, and Stanton Wheeler, The Evolution of State Supreme Courts
William J. Brennan, Guardians of our Liberties--State Courts No Less Than Federal
Goodrich v. Department of Public Health
Judicial Selection and Retention
Selection of Federal Judges
Judicial Selection in the States
Disciplining Judges
Selected References
Readings:
Sheldon Goldman, Ellieot Slotnick, Gerard Gryski, Gary Zuk, and Sara Schiavoni, The Composition of the Federal Judiciary
Sheldon Goldman, Picking Federal Judges
Neil Lewis, Partisanship and the Appointment of Federal Judges (With a Postscript on the George W. Bush Administration)
Jason M. Roberts, Parties, Presidents, and Procedures
Gregory A. Caldeira
Jeffrey A. Segal, Richard J. Timpone, Robert M. Howard, Buyer Beware? Presidential Success Through Supreme Court Appointments
Thomas G. Walker
Thurgood Marshall, Comments on the Missouri Plan
John T. Wold
The Bar
Becoming An Attorney
The Lawyer''s Work
Challenges Confronting the Legal Profession
Selected References
Readings:
Scott Turow, One L: An Inside Account of Life in the First Year at Harvard Law School
Austin Sarat
Abraham S. Blumberg, The Practice of Law as a Confidence Game
F. Lee Bailey, The Defense Never Rests
Sandra Day O''Connor, Professionalism,
Judicial Power
Access to Judicial Power
Formal Barriers to Entry in the American Legal System
Informal Barriers to Entry
Accessing the Legal System: Who Uses the Courts?
Selected References
Readings:
The Washington Administration''s Request for an Advisory Opinion and the Justice''s Response
Roe v. Wade (1973) Versus DeFunis v. Odegaard (1974)
Baker v. Carr (1962)
Marc Galanter, Why the "Haves" Come Out Ahead: Speculations on the Limits of Social Change
Clement E. Vose, Litigation as a Form of PRessure Group Activity
Gregory A. Caldeira
Instruments of Judicial Power
Writs of Certiorari
Decisions, Opinions, and Orders
The Injunction
The Contempt Power
The Writ of Habeas Corpus
Selected References
Readings:
Texas v. Hopwood (1996)
Madsen v. Women''s Health Center, Inc. (1994)
Wyatt v. Stickney (1971)
Illinois v. Allen (1970)
Limitations on Judicial Power
Internal Checks
Institutional Checks
Checks Imposed by the American System of Separated Institutions
Checks From the States
Checks From the People
Selected References
Readings:
Wbster v. Reproductive Health Services (1989)
Lee Epstein
Jeffrey A. Segal, Donald R. Songer
Andrew Jackson''s Veto of the Bank Bill
Abraham Lincoln''s First Inaugural Address, March 4, 1861
Franklin D. Roosevelt, Reorganizing the Federal Judiciary
George W. Bush''s Statement on Same-Sex Marriages (2004)
Ex parte McCardle (1869)
James H. Kuklinksi
James L. Gibson, Gregory A. Caldeira
Judicial Decision Making
Fact Finding in the Courts
The Adversarial Process
Juries
Selected References
Readings:
Marvin E. Frankel, The Adversary Judge: The Experience of the Trial Judge
Hans Zeisel and Harry Kalven, Jr., The American Experiment
Geoffrey Norman
Darrow, How to Pick a Jury
Amitai Etzioni, Science: Threatening the Jury Trial
Michael Saks, The Limits of Scientific Jury Selection
Paul Butler, Black Jurors: Right to Acquit?
Tracey Gilstrap Weiss, The Great Democratizing Principle: The Effect on South Africa of Planning a Democracy Wihtout a Jury System
McCleskey v. Kemp (1987)
David C. Baldus, The Death Penalty Dialogue Between Law and Social Science
John C
Precedents and Legal Reasoning
Reasoning by Example
Ration Decidendi Versus Dicta
Treatment of Precedent
Precedents and Decision Making
Selected References
Readings
Edward H. Levi, An Introduction to Legal Reasoning
Lief H. Carter, Reason in Law
MacPherson v. Buick Motor Co. (1916)
Briefs Filed in U.S. Term Limits v. Thornton (1995)
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
Jeffrey A. Segal and Harold J. Spaeth, The Influence of Stare Decisis on the Votes of United States Supreme Court Justices, versus Jack Knight and Lee Eps

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