Courts and Judicial Policymaking

ISBN-10: 0131443496

ISBN-13: 9780131443495

Edition: 2008

List price: $90.80
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Description:

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. nbsp; Courts and Judicial Policymakingis the only comprehensive textbook on courts, law, and judicial policymaking. nbsp; The authors wrote this book to fillnbsp;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.
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Book details

List price: $90.80
Copyright year: 2008
Publisher: Prentice Hall PTR
Publication date: 12/18/2006
Binding: Paperback
Pages: 384
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 1.100
Language: English

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