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Illustrations | |
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Preface | |
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Acknowledgments | |
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About the Author | |
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Courts and Judges in the Political Process | |
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Law and Politics: Myth and Reality | |
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The Political Context of Judging | |
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Courts in the American Political System | |
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Links between Law and Politics | |
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The Differences between Law and Politics | |
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Reconciling Law and Politics | |
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Conclusion: Law, Politics, and Judicial Decisions | |
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Epilogue: The Law and Politics of Flag Burning | |
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American Courts-Structures and Procedures | |
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Federalism and the Judiciary | |
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State Court Systems | |
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Introduction | |
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Trial Courts of Limited Jurisdiction | |
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Trial Courts of General Jurisdiction | |
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Intermediate Appellate Courts | |
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Courts of Last Resort | |
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The Federal Court System | |
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Introduction | |
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Specialized Federal Courts | |
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U.S. District Courts | |
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U.S. Courts of Appeals | |
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The U.S. Supreme Court | |
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Federal Court Administration | |
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Relations between State and Federal Courts | |
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Conclusion | |
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Epilogue: The Roots of Judicial Federalism | |
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Lawyers and Lawyering | |
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Introduction | |
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A Brief History of the Legal Profession | |
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The Legal Profession Today | |
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Entry | |
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Culture | |
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Practice | |
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Challenges | |
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Conclusion | |
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Epilogue: Client Solicitation and Free Speech | |
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Judicial Selection and Removal | |
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Law, Politics, and Judicial Nominations | |
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Judicial Selection in the States | |
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Introduction | |
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Election | |
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Appointment | |
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Appointment-and-Election | |
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Legislative Selection | |
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Conclusion | |
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Discipline and Removal of State Judges | |
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Selection of Federal Judges | |
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Introduction | |
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The Lower Federal Courts | |
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The Supreme Court | |
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Discipline and Removal of Federal Judges | |
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Conclusion | |
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Epilogue: Free Speech and Judicial Elections | |
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Norm Enforcement-The Criminal Justice Process | |
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Introduction | |
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State v. Johnson: Facts | |
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State v. Johnson: Participants | |
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The Defendant | |
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The Defense Attorney | |
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The Prosecutor | |
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The Judge | |
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State v. Johnson: Process | |
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Pretrial | |
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Arraignment | |
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Preliminary Hearing | |
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Indictment | |
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Plea Bargain | |
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Motions | |
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Trial | |
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Defendant's Right to a Speedy Trial | |
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Jury Selection | |
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Opening Statements | |
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Presentation of Evidence | |
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Closing Arguments | |
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Jury Instructions | |
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Verdict | |
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Sentencing | |
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Conclusion | |
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Epilogue: Dr. Sheppard's Trial | |
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Dispute Resolution-The Civil Justice Process | |
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Introduction | |
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Peterson v. Big Pine Mountain Ski Corporation: Facts | |
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Participants | |
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The Plaintiff | |
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The Plaintiff's Lawyer | |
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The Defendant | |
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The Defense Lawyer | |
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The Judge | |
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Process | |
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Pretrial | |
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Complaint | |
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Answer/Motion to Dismiss | |
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Discovery | |
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ADR | |
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Summary Judgment | |
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Trial | |
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The Right to a Jury Trial | |
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Jury Selection | |
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Opening Statements | |
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Presentation of Evidence | |
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Closing Arguments | |
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Jury Instructions | |
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Verdict | |
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Conclusion | |
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Epilogue: Punishing Deceit | |
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Policy Making-The Appellate Process | |
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Introduction | |
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State v. Johnson on Appeal | |
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Post-Verdict Motions | |
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Notice of Appeal | |
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Briefs | |
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Appellant | |
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Appellee | |
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Reply | |
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Oral Argument | |
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Decision Conference | |
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Decision | |
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Peterson on Appeal | |
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Post-Verdict Motion | |
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Notice of Appeal | |
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Briefs | |
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Appellant | |
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Appellee | |
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Reply | |
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Oral Argument | |
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Decision Conference | |
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Decision | |
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Conclusion | |
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Epilogue: Open Fields and a "Tumbledown" House | |
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Open Fields | |
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"A Tumbledown" House | |
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Legal and Political Influences on Judicial Decision Making | |
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Introduction | |
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Legal Influences | |
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Procedural | |
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Substantive | |
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Political Influences | |
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Attitudinal | |
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Organizational | |
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Institutional | |
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Reconciling Legal and Political Perspectives | |
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Conclusion | |
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Epilogue: The Law and Politics of Abortion | |
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The Limits of Judicial Policy Making | |
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Introduction | |
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The Debate about Judicial Policy Making | |
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Overview | |
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Judicial Restraint versus Judicial Activism | |
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Judicial Restraint | |
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Judicial Activism | |
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Constrained Court versus Dynamic Court | |
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Constrained Court | |
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Dynamic Court | |
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An Assessment of Judicial Policy Making | |
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Legitimacy | |
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Capacity | |
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Impact | |
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Conclusion | |
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Epilogue: A School System Flunks Out | |
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Summary and Conclusion | |
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Summary | |
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Conclusion | |
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Researching the Law | |
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Documents of Litigation | |
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Criminal | |
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Application and Supporting Affidavit for Apartment Search | |
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Search Warrant | |
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Indictment | |
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Motion to Suppress Evidence | |
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Civil | |
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Complaint | |
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Answer | |
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Index | |