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Judicial Process in America, 8th Edition,9781604266085

Judicial Process in America, 8th Edition

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Edition:
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 Figuresp. ix
Prefacep. xi
Foundations of Law in the United Statesp. 1
Definition of Lawp. 4
Sources of Law in the United Statesp. 4
Types of Lawp. 7
Functions of Lawp. 10
The United States and the Rule of Lawp. 13
A Litigious Societyp. 17
Summaryp. 21
Further Thought and Discussion Questionsp. 21
Notesp. 22
Suggested Resourcesp. 23
The Federal Judicial Systemp. 25
The Historical Contextp. 26
The U.S. Supreme Courtp. 27
The U.S. Courts of Appealsp. 34
U.S. District Courtsp. 39
Constitutional Courts, Legislative Courts, and Courts of Specialized Jurisdictionp. 42
Administrative and Staff Support in the Federal Judiciaryp. 43
Federal Court Workloadp. 47
Summaryp. 49
Further Thought and Discussion Questionsp. 49
Notesp. 50
Suggested Resourcesp. 51
State Judicial Systemsp. 53
Historical Development of State Courtsp. 53
State Court Organizationp. 57
Norm Enforcement in the State Courtsp. 63
The Courtroom Work Groupp. 64
Administrative Hearings in the Statesp. 65
Policymaking in the State Courtsp. 66
Innovation in State Courtsp. 67
Administrative and Staff Support in the State Judiciaryp. 68
State Court Workloadp. 70
Summaryp. 70
Further Thought and Discussion Questionsp. 72
Notesp. 73
Suggested Resourcesp. 74
Jurisdiction and Policymaking Bondariesp. 75
Federal Courtsp. 75
Jurisdiction of State Courtsp. 80
Jurisdiction and Legislative Politicsp. 81
Judicial Self-Restraintp. 82
Summaryp. 96
Further Thought and Discussion Questionsp. 97
Notesp. 98
Suggested Resourcesp. 99
State Judgesp. 100
Qualifications and Backgrounds of State Judgesp. 101
The Selection Process for State Judgesp. 103
The Retirement and Removal of State Judgesp. 110
Summaryp. 111
Further Thought and Discussion Questionsp. 112
Notesp. 112
Suggested Resourcesp. 114
Federal Judgesp. 115
Background Characteristics of Federal Judgesp. 115
Formal and Informal Qualifications of Federal Judgesp. 125
The Federal Selection Process and Its Participantsp. 129
The Judicial Socialization Processp. 140
The Retirement and Removal of Judgesp. 144
Summaryp. 149
Further Thought and Discussion Questionsp. 150
Notesp. 151
Suggested Resourcesp. 154
Policy Links between the Citizenry, the President, and the Federal Judiciaryp. 156
The President and the Composition of the Judiciaryp. 157
Presidents' Values and Their Appointees' Decisionsp. 163
President George W. Bush and the Federal Judiciaryp. 167
President Barack Obama and the Federal Judiciaryp. 174
Summaryp. 178
Further Thought and Discussion Questionsp. 178
Notesp. 178
Suggested Resourcesp. 180
Lawyers, Litigants, and Interest Groups in the Judicial Processp. 181
Lawyers and the Legal Professionp. 182
Litigantsp. 195
Interest Groups in the Judicial Processp. 197
Summaryp. 202
Further Thought and Discussion Questionsp. 202
Notesp. 203
Suggested Resourcesp. 204
Crime and Procedures prior to a Criminal Trialp. 206
The Nature and Substance of Crimep. 207
Categories of Crimep. 208
Elements of a Crimep. 213
Procedures prior to a Criminal Trialp. 217
Summaryp. 235
Further Thought and Discussion Questionsp. 235
Notesp. 236
Suggested Resourcesp. 237
The Criminal Trial and Its Aftermathp. 239
Procedures during a Criminal Trialp. 239
Procedures after a Criminal Trialp. 254
Summaryp. 264
Further Thought and Discussion Questionsp. 264
Notesp. 265
Suggested Resourcesp. 268
The Civil Court Processp. 269
The Nature and Substance of Civil Lawp. 269
The Main Categories of Civil Lawp. 270
The Courts and Other Institutions Concerned with Civil Lawp. 274
The Civil Trial Processp. 279
Summaryp. 287
Further Thought and Discussion Questionsp. 288
Notesp. 288
Suggested Resourcesp. 289
Decision Making by Trial Court Judgesp. 290
The Legal Subculturep. 292
The Democratic Subculturep. 298
The Subcultures as Predictorsp. 321
Summaryp. 328
Further Thought and Discussion Questionsp. 328
Notesp. 329
Suggested Resourcesp. 334
Decision Making in Collegial Courtsp. 336
Cue Theoryp. 337
Small-Group Analysisp. 340
Attitude Theoryp. 357
Rational Choice Theoryp. 360
Practical Applications of These Four Approachesp. 361
Summaryp. 366
Further Thought and Discussion Questionsp. 367
Notesp. 367
Suggested Resourcesp. 372
Implementation and Impact of Judicial Policiesp. 374
The Impact of Higher Court Decisions on Lower Courtsp. 375
Congressional Influences on the Implementation Processp. 382
Executive Branch Influences on the Implementation Processp. 384
Other Implementersp. 386
The Impact of Judicial Policiesp. 387
Summaryp. 394
Further Thought and Discussion Questionsp. 394
Notesp. 395
Suggested Resourcesp. 398
Policymaking by American Judges: A Synthesisp. 399
The Nature of the Case or Issuep. 400
The Values and Orientations of the Judgesp. 403
The Nature of the Judicial Decision-Making Processp. 406
The Impact of Extraneous Influencesp. 408
Notep. 410
Glossaryp. 411
Annotated Constitutionp. 419
Subject Indexp. 457
Case Indexp. 477
Table of Contents provided by Ingram. All Rights Reserved.


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