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Judicial Process and Judicial Policymaking

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ISBN-10: 0534602436

ISBN-13: 9780534602437

Edition: 4th 2006 (Revised)

Authors: G. Alan Tarr

List price: $152.95
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JUDICIAL PROCESS AND JUDICIAL POLICYMAKING?a brief text, now with a lower price?focuses on policy in its discussion of the judicial process. The author's approach is based on four major premises: 1) that courts in the U.S. have always played an important role in governing and that their role has increased in recent decades; 2) that judicial policymaking is a distinctive activity; 3) that courts make policy in a variety of ways; and 4) that courts may be the objects of public policy, as well as creators. Rather than limit the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government. He then brings students into the debate by asking…    
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Book details

List price: $152.95
Edition: 4th
Copyright year: 2006
Publisher: Wadsworth
Publication date: 4/5/2005
Binding: Paperback
Pages: 416
Size: 6.25" wide x 9.00" long x 0.50" tall
Weight: 1.144
Language: English

Preface
Courts and Law
Legal Systems
The Common-Law Legal Family
The Civil-Law (Romano-Germanic) Legal Family
Civil Law versus Common Law
Law
Private Law and Public Law
Criminal Law and Civil Law
Substantive Law and Procedural Law
Law and Equity
Common Misconceptions about Law and Courts
Law and Uncertainty
Courts, Law, and Public Policy
Conclusions
Notes
Structures and Participants in the Judicial Process
The Federal and State Court Systems
The Federal Court System
Structure
The Development of the Federal Judicial System
Federal Jurisdiction
The Federal Courts Today
The District Courts
The Courts of Appeals
The United States Supreme Court
State Courts
The Structure of State Court Systems
The Development of State Court Systems
Conclusions
Notes
Judges
What Sort of Judges Do We Want?
Judicial Independence versus Accountability
Representativeness
Judicial Selection in the States
Modes of Judicial Selection
The Politics of Judicial Elections
The Politics of Merit Selection
What Effect Do Judicial Selection Systems Have?
Who Are the State Judges?
The Selection of Federal Judges
The Size of the Federal Judiciary
The Selection of District Court and Appeals Court Judges
Selection of Lower Court Judges from Carter to Clinton
The Selection of Supreme Court Justices
Criteria for Selection
Obstacles to Presidential Influence
What Do Judges Do?
From Advocate to Arbiter
The Work of the Trial Judge
The Work of the Appellate Judge
Conclusions
Notes
Lawyers
The Trouble with Lawyers
The Legal Profession
Becoming a Lawyer
A Portrait of the Legal Profession
The Organization of the Legal Profession
Practicing Law
An Overview of Legal Practice
Current Types of Legal Practice
The Divided Legal Profession
Access to Legal Services
Criminal Justice
Civil Law
Lawyers and Clients
The Transformation of the American Legal Profession
Notes
Judicial Process and Judicial Decision Making
Trials and Appeals
An Overview of the Chapter
Trials
Disputes and Fact-Finding
The Diversity of Trials
Rights at Trial
The Trial Process
The Jury in the United States
The Changing Jury
Jury Size and Jury Decision Making
Evaluating the Jury
Appeals
The Appellate Process
The United States Supreme Court
Other Appellate Courts
Beyond Trials and Appeals
Notes
Criminal Justice and the Courts
Prosecutors and Defense Attorneys
Prosecutors
Defense Attorneys
The Process of Criminal Justice
Crime and Arrest
Charges and Dismissals
Bail and Pretrial Release
Preliminary Hearings and Grand Juries
Plea Bargaining
The Process of Plea Bargaining
Why Plea Bargaining Occurs
Attacks on Plea Bargaining
Evaluating Plea Bargaining
Policy Issues in Criminal Justice
The Exclusionary Rule
The Insanity Defense
Crime and Punishment: Sentencing
Crime and Punishment: Drug Courts
Conclusions
Notes
Civil Justice and the Courts
How Cases Arise
Injuries and Grievances
Responses
Rules and Processes
Rules
The Process of Civil Litigation
Civil Cases and Their Outcomes
The Universe of Cases
Outcomes of Civil Cases
A Litigation Crisis?
The Indictment
Is the United States a Litigious Society?
Is There a Better Way?
Alternatives in Dispute Resolution
Does ADR Work?
Conclusions
Notes
Judicial Decision Making
The Legal Perspective
The Phases of Judicial Decision Making
The Tools of Judicial Decision Making
Legal Reasoning as Deductive Reasoning
Legal Reasoning as Reasoning by Example
Implications
The Political Perspective
Attitudes
Judicial Role Orientations
Institutional Factors
Analyzing the Two Perspectives
Notes
Judicial Policymaking
Judicial Policymaking: An Introduction
The Occasions of Judicial Policymaking
Judicial Review and Constitutional Policymaking
Remedial Policymaking
Statutory Interpretation and Judicial Policymaking
Oversight of Administrative Activity and Judicial Policymaking
The Common Law and Judicial Policymaking
Cumulative Policymaking
The Incidence of Judicial Policymaking
The Level of Judicial Policymaking
Historical Shifts in Judicial Policymaking
The Agenda of Judicial Policymaking
Assessing Judicial Policymaking
Criteria for Evaluation
Judicial Capacity and Policy Effectiveness
Legitimacy
Conclusions
Notes
Federal Court Policymaking
School Desegregation
The Road to Brown
Brown I and Brown II
The Response to Brown, 1954-1964
School Desegregation, 1964-1971
The Courts and School Desegregation, 1970-2000
The Legacy of Brown
Abortion
Abortion Becomes a Legal Issue
Roe v. Wade
The Response to Roe
The Effects of Roe
Brown, Roe, and Beyond
The Development of Legal Issues
Policy Change
Legal Obligation
Policy Effectiveness
Notes
State Court Policymaking
School Finance
The Development of School Finance Litigation
The Broader Context of State Constitutional Policymaking
The Tort Law Revolution and Products Liability Law
The Changing Face of Products Liability Law
The Consequences of Policy Change
Responses to the Products Liability "Crisis"
Conclusions
Notes
For Further Reading
Index