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| Preface | |
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| Courts and Law | |
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| Legal Systems | |
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| The Common-Law Legal Family | |
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| The Civil-Law Legal Family | |
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| Civil Law versus Common Law | |
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| Law | |
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| Private Law and Public Law | |
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| Criminal Law and Civil Law | |
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| Substantive Law and Procedural Law | |
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| Law and Equity | |
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| Common Misconceptions about Law and Courts | |
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| Law and Uncertainty | |
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| Courts, Law, and Public Policy | |
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| Conclusions | |
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| Notes | |
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| Structures and Participants in the Judicial Process | |
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| The Federal and State Court Systems | |
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| The Federal Court System | |
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| Structure | |
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| The Development of the Federal Judicial System | |
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| Federal Jurisdiction | |
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| The Federal Courts Today | |
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| The District Courts | |
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| The Courts of Appeals | |
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| The United States Supreme Court | |
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| State Courts | |
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| The Structure of State Court Systems | |
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| The Development of State Court Systems | |
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| Conclusions | |
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| Notes | |
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| Judges | |
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| What Sort of Judges Do We Want? | |
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| Judicial Independence versus Accountability | |
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| Representativeness | |
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| Judicial Selection in the States | |
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| Modes of Judicial Selection | |
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| The Politics of Judicial Elections | |
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| The Politics of Merit Selection | |
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| What Effect Do Judicial Selection Systems Have? | |
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| Who Are the State Judges? | |
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| The Selection of Federal Judges | |
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| The Size of the Federal Judiciary | |
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| The Selection of District Court and Appeals Court Judges | |
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| Selection of Lower Court Judges from Carter to George W. Bush | |
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| The Selection of Supreme Court Justices | |
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| Criteria for Selection | |
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| Obstacles to Presidential Influence | |
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| What Do Judges Do? | |
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| From Advocate to Arbiter | |
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| The Work of the Trial Judge | |
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| The Work of the Appellate Judge | |
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| Conclusions | |
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| Notes | |
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| Lawyers | |
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| The Trouble with Lawyers | |
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| The Legal Profession | |
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| Becoming a Lawyer | |
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| A Portrait of the Legal Profession | |
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| The Organization of the Legal Profession | |
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| Practicing Law | |
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| An Overview of Legal Practice | |
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| Current Types of Legal Practice | |
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| The Divided Legal Profession | |
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| Access to Legal Services | |
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| Criminal Justice | |
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| Civil Law | |
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| Lawyers and Clients | |
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| The Transformation of the American Legal Profession | |
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| Notes | |
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| Trials and Appeals | |
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| An Overview of the Chapter | |
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| Trials | |
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| Disputes and Fact Finding | |
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| The Diversity of Trials | |
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| Rights at Trial | |
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| The Trial Process | |
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| The Jury in the United States | |
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| The Changing Jury | |
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| Jury Size and Jury Decision Making | |
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| Evaluating the Jury | |
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| Appeals | |
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| The Appellate Process | |
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| The U.S. Supreme Court | |
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| Other Appellate Courts | |
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| Beyond Trials and Appeals | |
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| Notes | |
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| Criminal Justice and the Courts | |
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| Prosecutors and Defense Attorneys | |
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| Prosecutors | |
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| Defense Attorneys | |
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| The Process of Criminal Justice | |
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| Crime and Arrest | |
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| Charges and Dismissals | |
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| Bail and Pretrial Release | |
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| Preliminary Hearings and Grand Juries | |
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| Plea Bargaining | |
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| The Process of Plea Bargaining | |
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| Why Plea Bargaining Occurs | |
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| Attacks on Plea Bargaining | |
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| Evaluating Plea Bargaining | |
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| Policy Issues in Criminal Justice | |
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| The Exclusionary Rule | |
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| The Insanity Defense | |
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| Crime and Punishment: Sentencing | |
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| Crime and Punishment: Drug Courts | |
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| Conclusions | |
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| Notes | |
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| Civil Justice and the Courts | |
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| How Cases Arise | |
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| Injuries and Grievances | |
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| Responses | |
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| Rules and Processes | |
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| Rules | |
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| The Process of Civil Litigation | |
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| Civil Cases and Their Outcomes | |
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| The Universe of Cases | |
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| Outcomes of Civil Cases | |
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| A Litigation Crisis? | |
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| The Indictment | |
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| Is the United States a Litigious Society? | |
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| Is There a Better Way? | |
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| Alternatives in Dispute Resolutions | |
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| Does ADR Work? | |
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| Conclusions | |
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| Notes | |
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| Judicial Decision Making | |
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| The Legal Perspective | |
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| The Phases of Judicial Decision Making | |
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| The Tools of Judicial Decision Making | |
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| Legal Reasoning as Deductive Reasoning | |
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| Legal Reasoning as Reasoning by Example | |
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| Implications | |
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| The Political Perspective | |
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| Attitudes | |
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| Judicial Role Orientations | |
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| Institutional Factors | |
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| A Third Perspective | |
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| Analyzing the Perspectives | |
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| Notes | |
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| Judicial Policymaking: An Introduction | |
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| The Occasions of Judicial Policymaking | |
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| Judicial Review and Constitutional Policymaking | |
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| Remedial Policymaking | |
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| Statutory Interpretation and Judicial Policymaking | |
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| Oversight of Administrative Activity and Judicial Policymaking | |
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| The Common Law and Judicial Policymaking | |
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| Cumulative Policymaking | |
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| The Incidence of Judicial Policymaking | |
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| The Level of Judicial Policymaking | |
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| Historical Shifts in Judicial Policymaking | |
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| The Agenda of Judicial Policymaking | |
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| Assessing Judicial Policymaking | |
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| Criteria for Evaluation | |
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| Judicial Capacity and Policy Effectiveness | |
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| Legitimacy | |
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| Conclusions | |
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| Notes | |
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| Federal Court Policymaking | |
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| School Desegregation | |
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| The Road to Brown | |
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| Brown I and Brown II | |
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| The Response to Brown, 1954 to 1964 | |
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| School Desegregation, 1964 to 1971 | |
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| The Courts and School Desegregation, 1971 to 2009 | |
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| The Legacy of Brown | |
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| Abortion | |
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| Abortion Becomes a Legal Issue | |
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| Roe v. Wade | |
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| The Response to Roe | |
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| The Effects of Roe | |
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| Brown, Roe, and Beyond | |
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| The Development of Legal Issues | |
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| Policy Change | |
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| Legal Obligation | |
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| Policy Effectiveness | |
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| Notes | |
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| State Court Policymaking | |
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| School Finance | |
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| The Development of School Finance Litigation | |
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| The Broader Context of State Constitutional Policymaking | |
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| The Tort Law Revolution and Product Liability Law | |
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| The Changing Face of Product Liability Law | |
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| The Consequences of Policy Change | |
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| Responses to the Product Liability "Crisis" | |
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| Conclusions | |
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| Notes | |
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| Further Reading | |
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| Index | |