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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 | |