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