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Preface | |
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Law, Courts, and Politics | |
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Courts and Government | |
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Law and Popular Culture: Overview | |
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Courts as Legal Institutions | |
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Case Close-Up: Overview | |
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Courts as Political Institutions | |
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Courts in Comparative Perspective: Overview | |
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Courts and Controversy | |
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Debating Law, Courts, and Politics: Overview | |
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Conclusion | |
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Institutions of Law | |
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Law and Legal Systems | |
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What Is Law? | |
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Legal Systems | |
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Civil Law | |
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Socialist Law | |
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Courts in Comparative Perspective: The French Republic and the Code Napoleon | |
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Islamic Law | |
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Common Law | |
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Key Characteristics of the Common Law | |
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The Adversary System | |
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Law and Popular Culture: Brokedown Palace (1999) | |
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The Major Components of U.S. Law | |
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Case Close-Up: McCreary v. ACLU (2005) | |
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Interpreting the Law | |
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Debating Law, Courts, and Politics: Can the Law Keep Up with Rapid Changes in Computer Technology? | |
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Conclusion | |
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Federal Courts | |
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Principles of Court Organization | |
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The History of the Federal Courts | |
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Case Close-Up: Marbury v. Madison (1803) | |
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United States District Courts | |
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United States Courts of Appeals | |
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Debating Law, Courts, and Politics: Should the Ninth Circuit Be Split? | |
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The United States Supreme Court | |
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Courts in Comparative Perspective: The Federal Republic of Germany | |
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Specialized Courts | |
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Law and Popular Culture: A Few Good Men (1992) | |
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Federal Judicial Administration | |
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Debating Law, Courts, and Politics: Are the Federal Courts Obstructing the War on Terrorism, or Are They Protecting Civil Liberties? | |
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The Ongoing Federal Courts Caseload Controversy | |
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Attacks on the Federal Judiciary | |
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Conclusion | |
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State Courts | |
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The History of State Courts | |
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Trial Courts of Limited Jurisdiction: Lower Courts | |
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Trial Courts of General Jurisdiction: Major Trial Courts | |
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Intermediate Courts of Appeals | |
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Courts of Last Resort: State Supreme Courts | |
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The Lower Courts: A Closer Look | |
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Justice of the Peace Courts | |
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Municipal Courts | |
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Juvenile Courts | |
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Court Unification | |
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Case Close-Up: Wachtler v. Cuomo (1991) | |
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The Politics of Court Reorganization | |
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Court Reform: The Next Steps | |
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Law and Popular Culture: Traffic (2000) | |
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Drug Courts | |
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Debating Law, Courts, and Politics: Should We End the War on Drugs? | |
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Consequences of Court Organization | |
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Courts in Comparative Perspective: The Federal Republic of Mexico | |
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Conclusion | |
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Interpreters of The Law | |
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Lawyers and Legal Representation | |
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Legal Education | |
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Law Schools Today | |
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Debating Law, Courts, and Politics: Thinking About Law School? | |
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Licensing Requirements | |
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Legal Ethics and Discipline | |
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Law and Popular Culture: Have You Heard the Latest Lawyer Joke? | |
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Bar Associations | |
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The Work of Lawyers | |
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Courts in Comparative Perspective: Australia | |
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Where Lawyers Work | |
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Diversity and Stratification of the Legal Profession | |
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Debating Law, Courts, and Politics: Does the United States Have Too Many Lawyers? | |
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Access to Legal Services | |
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Case Close-Up: Gideon v. Wainwright (1963) | |
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Law and Popular Culture: A Civil Action (1998) | |
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Conclusion | |
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Judges | |
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Judicial Selection | |
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Appointment of Federal Judges | |
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Law and Popular Culture: Judge Judy: Justice with an Attitude or Just Plain Nonsense? | |
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Debating Law, Courts, and Politics: Filibuster This? | |
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Judicial Elections | |
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Merit Selection | |
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Case Close-Up: Republican Party v. White (2002) | |
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Courts in Comparative Perspective: Judges in the United Kingdom | |
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Which System Is Best? | |
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Case Close-Up: Chisom v. Roemer (1991) | |
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Judges at Work | |
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Judging the Judges | |
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Conclusion | |
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Consumers of Law | |
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Mobilizing the Law: Litigants, Interest Groups, Court Cases, and the Media | |
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Legal Mobilization | |
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Court Caseloads | |
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Party Capability | |
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The Adjudicatory Process | |
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Courts in Comparative Perspective: The Federal Republic of Nigeria | |
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Traditional Versus Policy Lawsuits | |
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Case Close-Up: Brown v. Board of Education of Topeka, Kansas (1954) | |
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Debating Law, Courts, and Politics: Can Courts Bring About Social Change? | |
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Interest Groups in Court | |
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Debating Law, Courts, and Politics: Should Gun Manufacturers Be Sued? | |
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The Media and the Legal System | |
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Law and Popular Culture: Chicago (2002) | |
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Conclusion | |
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Trial Courts | |
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Trial Courts: The Preliminary Stages of Criminal Cases | |
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Crime | |
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Courts in Comparative Perspective: The Kingdom of Saudi Arabia: Pure Islamic Law | |
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Policing | |
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Arrests | |
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The Defendant | |
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Prosecution | |
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Law and Popular Culture: Law & Order | |
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Grand Juries | |
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Exclusionary Rules | |
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Case Close-Up: Miranda v. Arizona (1966) | |
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Case Attrition | |
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Debating Law, Courts, and Politics: Should the Exclusionary Rule Be Abolished? | |
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The Criminal Justice Wedding Cake | |
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Conclusion | |
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Trial Courts: How Criminal Cases End: Bargaining and Sentencing | |
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The Courtroom Work Group | |
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The Many Faces of Plea Bargaining | |
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Plea Bargaining and Courtroom Work Groups | |
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Forms of Punishment | |
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Law and Popular Culture: The Shawshank Redemption (1994) | |
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Normal Penalties and Sentencing Decisions | |
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The Fairness of Sentencing | |
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Courts in Comparative Perspective: The People's Republic of China | |
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The Severity of the Penalty | |
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Sentencing Guidelines | |
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Case Close-Up: Roper v. Simmons (2005) | |
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The Death Penalty | |
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Debating Law, Courts, and Politics: Should the Death Penalty Be Abolished? | |
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Conclusion | |
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Trial Courts: How Civil Cases Begin | |
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The Disputing Pyramid | |
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Resolution Without Filing a Lawsuit | |
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Law and Popular Culture: The Insider (1999) | |
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The Litigation Explosion Argument | |
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Courts in Comparative Perspective: The Republic of India: The World's Largest Democracy | |
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Tort Reform | |
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Case Close-Up: Liebeck v. McDonald's Corporation (1995) | |
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Debating Law, Courts, and Politics: Should Limits Be Placed on Punitive Damages? | |
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The Complex World of Torts | |
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Alternative Dispute Resolution | |
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Conclusion | |
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Trial Courts: How Civil Cases End | |
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Civil Procedure | |
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Steps in a Civil Lawsuit | |
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Courts in Comparative Perspective: The State of Israel | |
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Negotiations, Settlements, and Dispositions | |
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Debating Law, Courts, and Politics: Who Should Be Held Responsible for Tobacco-Related Deaths? | |
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Dynamics of Trial Court Dispositions: Three Case Studies | |
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Settling Tort Cases | |
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Case Close-Up: Rodriguez v. Firestone (2001) | |
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Negotiating Small Claims | |
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Bargaining Divorce Cases | |
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Law and Popular Culture: Kramer vs. Kramer (1979) | |
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Winners and Losers | |
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Conclusion | |
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Trials and Juries | |
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History and Function | |
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Courts in Comparative Perspective: Russia | |
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Jury Selection | |
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Law and Popular Culture: Runaway Jury (2003) | |
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The Moving Party Presents Its Case | |
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The Defense Presents Its Case | |
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Rebuttal | |
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The End of the Trial | |
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The Jury Decides | |
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Debating Law, Courts, and Politics: Should Cameras Be Allowed in the Courtroom? | |
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Prejudicial Pretrial Publicity | |
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Case Close-Up: Sheppard v. Maxwell (1966) | |
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Trials as Balancing Wheels | |
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Debating Law, Courts, and Politics: Should Jurors Engage in Jury Nullification? | |
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Conclusion | |
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Appellate Review | |
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The Appellate Process | |
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The Nature of the Appellate Process | |
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Law and Popular Culture: The Hurricane (1999) | |
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The Business of the Appellate Courts | |
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Caseloads and Expedited Processing Techniques | |
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Post-Conviction Remedies | |
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Explaining Decision Making on Appellate Courts | |
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Debating Law, Courts, and Politics: Innocents on Death Row? | |
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Courts in Comparative Perspective: Canada | |
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Explaining Decision Making on Appellate Courts Today | |
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State Supreme Courts | |
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Case Close-Up: Goodridge v. Department of Public Health (2003) | |
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U.S. Courts of Appeals | |
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Conclusion | |
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The Supreme Court: Deciding What to Decide | |
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Jurisdiction of the Supreme Court | |
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Courts in Comparative Perspective: The International Court of Justice | |
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Doctrines of Access | |
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Case Close-Up: Roe v. Wade (1973) | |
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Mobilizing the Law to Reach the Supreme Court | |
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Law and Popular Culture: The Cider House Rules (1999) | |
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Case Selection | |
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The Court's Docket | |
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Debating Law, Courts, and Politics: Should Congress or the Court Decide Who Decides? | |
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Conclusion | |
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The Supreme Court: The Justices and their Decisions | |
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Selecting the Justices | |
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Senate Confirmation | |
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Debating Law, Courts, and Politics: The Rejection of Robert Bork | |
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The Decision-Making Process | |
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The Justices' Policy Preferences | |
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Law and Popular Culture: The People vs. Larry Flynt (1996) | |
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From Warren to Roberts | |
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Impact and Implementation | |
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Case Close-Up: Reno v. American Civil Liberties Union (1997) | |
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Courts in Comparative Perspective: Japan | |
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Conclusion | |
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Glossary | |
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Case Index | |
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Name Index | |
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Subject Index | |