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Judicial Process in America, 8th Edition
by Carp, RobertEdition:
8th
ISBN13:
9781604266085
ISBN10:
1604266082
Format:
Paperback
Pub. Date:
2/1/2010
Publisher(s):
Cq Pr
List Price: $77.00
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Summary
The eighth edition of Judicial Process in America gives a thorough overview of the American judiciary at every level, paying particular attention to the link between the courts, public policy, and the political environment. In addition to comprehensive updates on such topics as the role of the courts in the war on terror, affirmative action, and business regulation, notable additions to this eighth edition include discussion of: the probable impact that President Obama will have on the composition of the federal judiciary and on subsequent judicial "output" the highly conservative impact that former President Bush had on the federal judiciary; Justice Sonia Sotomayor's appointment, as well as Chief Justice John Roberts's leadership on the Supreme Court; the role the courts are playing in the policy realm of same-gender marriages and discrimination based on sexual orientation; more comparative references and examples throughout the book. Adopters and students alike will also appreciate the new websites that the authors added to the end-of-chapter suggested resources, as well as the unique annotated U.S. Constitution found in the appendix. This extensive revision of a classic text brings new life to a standard-bearer for judicial process classes.
Author Biography
Robert A. Carp is professor of political science at the University of Houston. He is coauthor of Policymaking and Politics in the Federal Courts; Politics and Judgment in Federal District Courts; and The Federal Courts, Fourth Edition, with Ronald Stidham, as well as the author of forty-five peer-reviewed articles. Ronald Stidham is professor emeritus of government and justice studies, at Appalachian State University. He is coauthor with Robert A. Carp of The Federal Courts, Fourth Edition, and has written numerous articles on the federal courts. Kenneth L. Manning is associate professor of political science at the University of Massachusetts Dartmouth. He is coeditor of Political Perspectives: Essays on Government and Politics, and his works on the politics of judicial decision-making and federal judicial selection have been published in a variety of journals.
Table of Contents
| Tables and Figures | p. ix |
| Preface | p. xi |
| Foundations of Law in the United States | p. 1 |
| Definition of Law | p. 4 |
| Sources of Law in the United States | p. 4 |
| Types of Law | p. 7 |
| Functions of Law | p. 10 |
| The United States and the Rule of Law | p. 13 |
| A Litigious Society | p. 17 |
| Summary | p. 21 |
| Further Thought and Discussion Questions | p. 21 |
| Notes | p. 22 |
| Suggested Resources | p. 23 |
| The Federal Judicial System | p. 25 |
| The Historical Context | p. 26 |
| The U.S. Supreme Court | p. 27 |
| The U.S. Courts of Appeals | p. 34 |
| U.S. District Courts | p. 39 |
| Constitutional Courts, Legislative Courts, and Courts of Specialized Jurisdiction | p. 42 |
| Administrative and Staff Support in the Federal Judiciary | p. 43 |
| Federal Court Workload | p. 47 |
| Summary | p. 49 |
| Further Thought and Discussion Questions | p. 49 |
| Notes | p. 50 |
| Suggested Resources | p. 51 |
| State Judicial Systems | p. 53 |
| Historical Development of State Courts | p. 53 |
| State Court Organization | p. 57 |
| Norm Enforcement in the State Courts | p. 63 |
| The Courtroom Work Group | p. 64 |
| Administrative Hearings in the States | p. 65 |
| Policymaking in the State Courts | p. 66 |
| Innovation in State Courts | p. 67 |
| Administrative and Staff Support in the State Judiciary | p. 68 |
| State Court Workload | p. 70 |
| Summary | p. 70 |
| Further Thought and Discussion Questions | p. 72 |
| Notes | p. 73 |
| Suggested Resources | p. 74 |
| Jurisdiction and Policymaking Bondaries | p. 75 |
| Federal Courts | p. 75 |
| Jurisdiction of State Courts | p. 80 |
| Jurisdiction and Legislative Politics | p. 81 |
| Judicial Self-Restraint | p. 82 |
| Summary | p. 96 |
| Further Thought and Discussion Questions | p. 97 |
| Notes | p. 98 |
| Suggested Resources | p. 99 |
| State Judges | p. 100 |
| Qualifications and Backgrounds of State Judges | p. 101 |
| The Selection Process for State Judges | p. 103 |
| The Retirement and Removal of State Judges | p. 110 |
| Summary | p. 111 |
| Further Thought and Discussion Questions | p. 112 |
| Notes | p. 112 |
| Suggested Resources | p. 114 |
| Federal Judges | p. 115 |
| Background Characteristics of Federal Judges | p. 115 |
| Formal and Informal Qualifications of Federal Judges | p. 125 |
| The Federal Selection Process and Its Participants | p. 129 |
| The Judicial Socialization Process | p. 140 |
| The Retirement and Removal of Judges | p. 144 |
| Summary | p. 149 |
| Further Thought and Discussion Questions | p. 150 |
| Notes | p. 151 |
| Suggested Resources | p. 154 |
| Policy Links between the Citizenry, the President, and the Federal Judiciary | p. 156 |
| The President and the Composition of the Judiciary | p. 157 |
| Presidents' Values and Their Appointees' Decisions | p. 163 |
| President George W. Bush and the Federal Judiciary | p. 167 |
| President Barack Obama and the Federal Judiciary | p. 174 |
| Summary | p. 178 |
| Further Thought and Discussion Questions | p. 178 |
| Notes | p. 178 |
| Suggested Resources | p. 180 |
| Lawyers, Litigants, and Interest Groups in the Judicial Process | p. 181 |
| Lawyers and the Legal Profession | p. 182 |
| Litigants | p. 195 |
| Interest Groups in the Judicial Process | p. 197 |
| Summary | p. 202 |
| Further Thought and Discussion Questions | p. 202 |
| Notes | p. 203 |
| Suggested Resources | p. 204 |
| Crime and Procedures prior to a Criminal Trial | p. 206 |
| The Nature and Substance of Crime | p. 207 |
| Categories of Crime | p. 208 |
| Elements of a Crime | p. 213 |
| Procedures prior to a Criminal Trial | p. 217 |
| Summary | p. 235 |
| Further Thought and Discussion Questions | p. 235 |
| Notes | p. 236 |
| Suggested Resources | p. 237 |
| The Criminal Trial and Its Aftermath | p. 239 |
| Procedures during a Criminal Trial | p. 239 |
| Procedures after a Criminal Trial | p. 254 |
| Summary | p. 264 |
| Further Thought and Discussion Questions | p. 264 |
| Notes | p. 265 |
| Suggested Resources | p. 268 |
| The Civil Court Process | p. 269 |
| The Nature and Substance of Civil Law | p. 269 |
| The Main Categories of Civil Law | p. 270 |
| The Courts and Other Institutions Concerned with Civil Law | p. 274 |
| The Civil Trial Process | p. 279 |
| Summary | p. 287 |
| Further Thought and Discussion Questions | p. 288 |
| Notes | p. 288 |
| Suggested Resources | p. 289 |
| Decision Making by Trial Court Judges | p. 290 |
| The Legal Subculture | p. 292 |
| The Democratic Subculture | p. 298 |
| The Subcultures as Predictors | p. 321 |
| Summary | p. 328 |
| Further Thought and Discussion Questions | p. 328 |
| Notes | p. 329 |
| Suggested Resources | p. 334 |
| Decision Making in Collegial Courts | p. 336 |
| Cue Theory | p. 337 |
| Small-Group Analysis | p. 340 |
| Attitude Theory | p. 357 |
| Rational Choice Theory | p. 360 |
| Practical Applications of These Four Approaches | p. 361 |
| Summary | p. 366 |
| Further Thought and Discussion Questions | p. 367 |
| Notes | p. 367 |
| Suggested Resources | p. 372 |
| Implementation and Impact of Judicial Policies | p. 374 |
| The Impact of Higher Court Decisions on Lower Courts | p. 375 |
| Congressional Influences on the Implementation Process | p. 382 |
| Executive Branch Influences on the Implementation Process | p. 384 |
| Other Implementers | p. 386 |
| The Impact of Judicial Policies | p. 387 |
| Summary | p. 394 |
| Further Thought and Discussion Questions | p. 394 |
| Notes | p. 395 |
| Suggested Resources | p. 398 |
| Policymaking by American Judges: A Synthesis | p. 399 |
| The Nature of the Case or Issue | p. 400 |
| The Values and Orientations of the Judges | p. 403 |
| The Nature of the Judicial Decision-Making Process | p. 406 |
| The Impact of Extraneous Influences | p. 408 |
| Note | p. 410 |
| Glossary | p. 411 |
| Annotated Constitution | p. 419 |
| Subject Index | p. 457 |
| Case Index | p. 477 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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