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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 | |