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| Preface | |
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| The Nature of Law | |
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| Legal Systems and Sources of Law | |
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| Legal Systems | |
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| Civil Law | |
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| Common Law | |
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| Ideological Legal Systems | |
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| Religious Legal Systems | |
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| Customary and "Mixed" Legal Systems | |
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| The Nature and Sources of Law | |
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| Public Law | |
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| Private Law | |
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| The Politics of Law and Jurisprudence | |
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| Classical Theories of Jurisprudence | |
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| Natural Law | |
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| Legal Positivism | |
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| Sociological Jurisprudence and Legal Realism | |
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| Contemporary Theories of Jurisprudence | |
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| Economics in Law and Pragmatism | |
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| Feminist Jurisprudence | |
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| Critical Legal and Race Perspectives | |
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| Controversies Over Courts: How Should Judges Interpret The Constitution? | |
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| The Rule of Law and the Judicial Process | |
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| In Comparative Perspective: Constitutional Courts in Europe | |
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| Court Organization and Operation | |
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| Judicial Organization, Structure, and Administration | |
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| The Origins of U.S. Courts | |
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| The 1789 Judiciary Act | |
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| The Growth of the Federal Judiciary | |
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| Contemporary Judicial Federalism: State and Federal Courts | |
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| State Judiciaries | |
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| The Federal Judiciary | |
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| In Comparative Perspective: Courts in South and Southeast Asia | |
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| The Politics of Judicial Administration | |
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| State Court Administration | |
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| The Administration of the Federal Judiciary | |
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| The Politics of Judicial Reform in the Twenty-First Century | |
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| Controversies Over Courts: Should the Public Finance State Judicial Elections? | |
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| Judicial Recruitment, Retention, and Removal | |
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| State Judicial Selection | |
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| Controversies Over Courts: Are State Judicial Campaigns and Elections too Partisan? | |
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| Federal Judicial Selection | |
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| The Framers and Judicial Selection | |
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| Ideology or Merit? | |
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| The Nomination Process | |
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| The Confirmation Process | |
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| Towards a Representative Bench and a Career Judiciary? | |
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| A Representative Bench? | |
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| In Comparative Perspective: The Career Judiciary in Japan | |
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| Leaving the Bench | |
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| Influences on Judicial Access and Decision-Making | |
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| The Practice of Law | |
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| The Rise of the American Legal Profession | |
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| Contemporary Legal Education and Bar Admission | |
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| The Business of Legal Practice | |
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| Private Practice | |
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| Government Attorneys | |
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| Corporate Legal Practice | |
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| Public Interest Lawyers and Legal Academia | |
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| Access to Lawyers and Equal Justice | |
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| The Right to Counsel in Criminal Cases | |
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| Legal Representation in Civil Litigation | |
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| Government Subsidized Legal Aid | |
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| Pro Se Representation | |
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| Pro Bono Legal Services | |
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| Access to Courts | |
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| Formal Barriers | |
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| Discretionary Barriers | |
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| The Law of Standing | |
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| Mootness and Ripeness | |
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| The Political Question Doctrine | |
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| Controversies Over Courts: Is the Federal Judiciary Too Small to Provide Equal Access to Justice? | |
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| Organized Interests and Strategic Litigation | |
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| Interest Group Politics and Litigation Strategies | |
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| In Comparative Perspective: Comparative Constitutional Law and Capital Punishment | |
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| The Adversarial Process and Criminal Procedure | |
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| The Adversarial Process | |
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| Trials: Truth or "Fight" Theory? | |
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| Prosecutorial Discretion: From Arrest to Trial | |
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| Initial Appearance | |
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| Preliminary Hearings and Grand Jury Indictments | |
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| Formal Arraignment | |
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| Plea Bargaining | |
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| The Jury's Role | |
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| The Democratic Politics of Citizen Juries | |
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| In Comparative Perspective: Jury Systems Around the World | |
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| Controversies Over Courts: What is the Role of Courts in Times of Crisis and Wartime? | |
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| The Politics of the Posttrial Sentencing Process | |
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| The Growth of Determinate Structured Sentencing | |
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| Civil Litigation | |
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| The Civil Trial Process | |
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| The Nature of Civil Litigation | |
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| Civil Procedure | |
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| Alternative Dispute Resolution | |
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| In Comparative Perspective: Transnational Courts-Quasi-Judicial Tribunals Under the North American Free Trade Agreement (NAFTA) | |
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| Judicial Policymaking | |
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| Judicial Decision-Making and Behavior | |
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| The Appellate Decision-Making Process | |
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| Agenda Setting | |
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| Oral Argument | |
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| Judicial Conferences | |
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| Opinion Writing | |
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| Controversies Over Courts: Should Unpublished Judicial Opinions Count as Precedents? | |
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| Studying Judicial Decision Making | |
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| The Attitudinal Model | |
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| New Institutionalism | |
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| Strategic Choice Theory | |
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| Legal Reasoning and Interpretative Approaches | |
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| The Law and Politics of Legal Precedent | |
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| Statutory Interpretation | |
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| Statutory Construction and Administrative Regulation | |
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| Constitutional Interpretation | |
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| The Methods of Constitutional Interpretation | |
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| The Sources of Constitutional Interpretation | |
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| The Scope and Limits of Judicial Power | |
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| Federal Judicial Policymaking: Privacy Rights and Abortion Politics | |
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| In Comparative Perspective: The European Court of Justice and the Globalization of Judicial Power | |
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| The Impact of Judicial Decisions | |
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| The Politics of Gay Rights and Same Sex-Marriages: A Case Study | |
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| The Limitations of Judicial Power | |
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| Internal Constraints | |
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| External Restraints | |
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| Controversies Over Courts: Do Courts Forge Major Social Change? | |
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| Case Index | |
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| Index | |