Inside the Judicial Process A Contemporary Reader in Law, Politics, and the Courts

by Segal Diascro, Jennifer; Ivers, Gregg

• ISBN13: 9780618391820
• ISBN10: 0618391827
• Format: Paperback
• Copyright: 2005-10-24
• Publisher: Cengage Learning

Summary

This unique collection of articles, case law excerpts, speeches, and primary source materials exposes students to the role of the judiciary and demonstrates how it works within American democracy. Major topics of judicial politics are covered across eleven chapters through selections that pique the imagination and interest of students. Traditional readings provide a foundation for each chapter and more contemporary ones reflect how participants and non-academic observers think about critical issues in judicial politics. Additional writings show how political scientists think about and study the field. Engaging, accessible selections, from sources such as contemporary court cases, diary entries, oral arguments, and articles written by judges, encourage students to read assignments thoroughly. Selections that represent the perspective of actors who work within the judicial process or engage it as participants, provide students an inside look at the field. The chapters and structure of the text complement most primary judicial politics and process texts.

Table of Contents

Note: Each chapter begins with an Introduction and concludes with For Further Reading

The Political Constitution Foundations and History

Federalist No. 78 (1788)

From The Common Law (1881)

From The Partial Constitution (1993), Cass Sunstein Contemporary Judicial Politics

Judicial Independence Through the Lens of Bush v. Gore: Four Lessons from Political Science (2002)

Bush v. Gore (2000) A View from the Inside

The Notion of a Living Constitution (1976)

Reflections on the Bicentennial of the United States Constitution (1987)

Lawrence v. Texas (2003) A Comparative Perspective

Judicial Independence in Comparative Perspective (2001)

Judicial Decision-Making Foundations and History

From The Nature of the Judicial Process (1921)

Ideologies and Attitudes, Academic, and Judicial (1958), Glendon Shubert Contemporary Judicial Politics

What's Law Got to Do with It? Judicial Behavioralists Test the "Legal Model" of Judicial Decision-Making (2001)

On the Nature of Supreme Court Decision-Making (1992)

Leaving Things Undecided (1999), Cass Sunstein A View from the Inside

Zelman v. Simmons-Harris (2002)

The Freedom of Speech (1993), John Paul Stevens A Comparative Perspective

Constitutional Interpretation and Original Intent: A Form of Ancestor Worship? (1999)

Politics of Judicial Structure and Organization Foundations and History

Federalist No. 82 (1788)

Martin v. Hunter's Lessee (1816) Contemporary Judicial Politics

Supreme Court Monitoring of State Courts in the Twenty-First Century (2002)

Memorandum Opinion (2002), United States Foreign Intelligence Surveillance Court

On Motions for Review of Orders of the United States Foreign Intelligence Surveillance Court (2002), United States Foreign Intelligence Surveillance Court of Review A View from the Inside

Ninth Circuit Court of Appeals Reorganization Act of 2002 (2002), House Subcommittee on Courts, the Internet, and Intellectual Property

Statements Concerning Ninth Circuit Court of Appeals Reorganization Act of 2003 (2003)Lisa Murkowski A Comparative Perspective

The European Preliminary Reference and U.S. Supreme Court Review of State Court Judgments: A Study in Comparative Judicial Federalism (1996)

Politics of Judicial Selection Foundations and History

Federalist No. 66 and Federalist No. 76 (1788)

Advice and Consent: A Historical Argument for Substantive Senatorial Involvement in Judicial Nominations (2001)

Unpicking Pickering in 2002: Some Thoughts on the Politics of Lower Federal Court Selection and Confirmation (2003)

Republican Party of Minnesota v. White (2002) A View from the Inside

Justice for Sale (1999), Interview with Justices

The Stealth Candidate (1994)

Statements by Sentators Orrin Hatch and Patrick Leahy, Judicial Confirmation Hearings (1999--2003) A Comparative Perspective

Thoughts on Goldilocks and Judicial Independence (2003)

Lawyers and Legal Representation Foundations and History

The Temper of the Legal Profession in the United States, and How It Serves as a Counterpoise to Democracy (1835)

Gideon v. Cochran, Petition for Writ of Certiorari to the Supreme Court of the State of Florida (1962)

Gideon v. Wainwright (1963) Contemporary Judicial Politics

The Profession and the Public Interest (2000)

From The Supreme Court Bar: Legal Elites in the Washington Community (1993)

Interview with Acting Solicitor General of the United States Walter Dellinger (1997)

Karen Swenson: Putting in the Hours (2000)

A Day in the Life of a Yolo County Deputy DA (2001), Dave Rosenberg A Comparative Perspective

The Role of Clinical Legal Education in Developing the Rule of Law in Russia (2002)

Litigation as Political Advocacy Foundations and History

Private Attorneys--General: Group Action in the Fight for Civil Liberties (1949) Yale Law Journal

Litigation as a Form of Pressure Group Activity (1958)

Amicus Curiae Participation in U.S. Supreme Court Litigation: An Appraisal of Hakman's "Folklore" (1982), Karen O'Connor and Lee Epstein Contemporary Judicial Politics

The Influence of Amicus Curiae Briefs on the Supreme Court (2000)

Grutter v. Bollinger (2003)

Brief of the Cato Institute as Amicus Curiae, Grutter v. Bollinger (2003) A Comparative Perspective

So Help Me God: A Comparative Study of Religious Interest Group Litigation (2002)

Brief of the Government of Canada as Amicus Curiae, Michigan v. United States Environmental Protection Agency (1999)

The Politics of Criminal Justice Foundations and History

From Of Crimes and Punishments (1764)

Trial by Jury in the United States Considered as a Political Institution (1835), Alexis de Tocqueville Contemporary Judicial Politics

Miller-El v. Cockrell (2003)

Under Suspicion: The Fugitive Science of Criminal Justice (2001), Atul Gawande A View from the Inside

The Federal Sentencing Guidelines and the Key Compromises Upon Which They Rest (1988)

United States v. Booker (2005) A Comparative Perspective

Reviving the Criminal Jury in Japan (1999)

Politics and Civil Justice Foundations and History

Why the "Haves" Come Out Ahead: Speculations on the Limits of Legal Change (1974)

From Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization (1994)

Fistful of Fees: The Hired Gun or Lawyer Is Due What He's Been Promised, But No More (2000)

Cipollone v. Liggett Group, Inc. (1992)

Greed on Trial (2004), Alex Beam A Comparative Perspective

Class Action Lawsuits (2004)

The Politics of Appellate Courts Foundations and History

The Evarts Act: Establishment of the U.S. Circuit Courts of Appeals (1891)

On the Road: The Supreme Court and the History of Circuit Riding (2003), Joshua Glick Contemporary Judicial Politics

Newdow v. U.S. Congress et al. (2002)

Do the "Haves" Come Out Ahead Over Time? Applying Galanter's Framework to Decisions of the U.S. Courts of Appeals (1999)

Judging by Where You Sit (2003)

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