Judicial Process and Judicial Policymaking

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  • Edition: 5th
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  • Copyright: 2009-03-03
  • Publisher: Wadsworth Publishing
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Table of Contents

Prefacep. xv
Courts and Lawp. 1
Legal Systemsp. 3
The Common-Law Legal Familyp. 4
The Civil-Law Legal Familyp. 6
Civil Law versus Common Lawp. 7
Lawp. 8
Private Law and Public Lawp. 8
Criminal Law and Civil Lawp. 10
Substantive Law and Procedural Lawp. 10
Law and Equityp. 11
Common Misconceptions about Law and Courtsp. 12
Law and Uncertaintyp. 12
Courts, Law, and Public Policyp. 13
Conclusionsp. 15
Notesp. 16
Structures and Participants in the Judicial Processp. 21
The Federal and State Court Systemsp. 23
The Federal Court Systemp. 25
Structurep. 25
The Development of the Federal Judicial Systemp. 27
Federal Jurisdictionp. 28
The Federal Courts Todayp. 32
The District Courtsp. 32
The Courts of Appealsp. 35
The United States Supreme Courtp. 37
State Courtsp. 37
The Structure of State Court Systemsp. 39
The Development of State Court Systemsp. 41
Conclusionsp. 43
Notesp. 44
Judgesp. 48
What Sort of Judges Do We Want?p. 51
Judicial Independence versus Accountabilityp. 51
Representativenessp. 51
Judicial Selection in the Statesp. 52
Modes of Judicial Selectionp. 52
The Politics of Judicial Electionsp. 56
The Politics of Merit Selectionp. 59
What Effect Do Judicial Selection Systems Have?p. 61
Who Are the State Judges?p. 62
The Selection of Federal Judgesp. 63
The Size of the Federal Judiciaryp. 64
The Selection of District Court and Appeals Court Judgesp. 65
Selection of Lower Court Judges from Carter to George W. Bushp. 67
The Selection of Supreme Court Justicesp. 71
Criteria for Selectionp. 71
Obstacles to Presidential Influencep. 75
What Do Judges Do?p. 76
From Advocate to Arbiterp. 76
The Work of the Trial Judgep. 79
The Work of the Appellate Judgep. 80
Conclusionsp. 82
Notesp. 83
Lawyersp. 88
The Trouble with Lawyersp. 90
The Legal Professionp. 92
Becoming a Lawyerp. 92
A Portrait of the Legal Professionp. 97
The Organization of the Legal Professionp. 99
Practicing Lawp. 101
An Overview of Legal Practicep. 101
Current Types of Legal Practicep. 101
The Divided Legal Professionp. 105
Access to Legal Servicesp. 106
Criminal Justicep. 106
Civil Lawp. 108
Lawyers and Clientsp. 112
The Transformation of the American Legal Professionp. 114
Notesp. 115
p. 121
Trials and Appealsp. 123
An Overview of the Chapterp. 125
Trialsp. 126
Disputes and Fact Findingp. 126
The Diversity of Trialsp. 127
Rights at Trialp. 128
The Trial Processp. 130
The Jury in the United Statesp. 137
The Changing Juryp. 137
Jury Size and Jury Decision Makingp. 138
Evaluating the Juryp. 139
Appealsp. 141
The Appellate Processp. 141
The U.S. Supreme Courtp. 142
Other Appellate Courtsp. 151
Beyond Trials and Appealsp. 152
Notesp. 153
Criminal Justice and the Courtsp. 157
Prosecutors and Defense Attorneysp. 158
Prosecutorsp. 158
Defense Attorneysp. 159
The Process of Criminal Justicep. 160
Crime and Arrestp. 160
Charges and Dismissalsp. 163
Bail and Pretrial Releasep. 165
Preliminary Hearings and Grand Juriesp. 166
Plea Bargainingp. 168
The Process of Plea Bargainingp. 168
Why Plea Bargaining Occursp. 171
Attacks on Plea Bargainingp. 173
Evaluating Plea Bargainingp. 174
Policy Issues in Criminal Justicep. 176
The Exclusionary Rulep. 177
The Insanity Defensep. 181
Crime and Punishment: Sentencingp. 183
Crime and Punishment: Drug Courtsp. 187
Conclusionsp. 189
Notesp. 191
Civil Justice and the Courtsp. 198
How Cases Arisep. 201
Injuries and Grievancesp. 202
Responsesp. 202
Rules and Processesp. 204
Rulesp. 204
The Process of Civil Litigationp. 205
Civil Cases and Their Outcomesp. 208
The Universe of Casesp. 208
Outcomes of Civil Casesp. 211
A Litigation Crisis?p. 213
The Indictmentp. 213
Is the United States a Litigious Society?p. 214
Is There a Better Way?p. 217
Alternatives in Dispute Resolutionsp. 217
Does ADR Work?p. 219
Conclusionsp. 221
Notesp. 222
Judicial Decision Makingp. 227
The Legal Perspectivep. 229
The Phases of Judicial Decision Makingp. 229
The Tools of Judicial Decision Makingp. 229
Legal Reasoning as Deductive Reasoningp. 234
Legal Reasoning as Reasoning by Examplep. 235
Implicationsp. 238
The Political Perspectivep. 239
Attitudesp. 241
Judicial Role Orientationsp. 244
Institutional Factorsp. 245
A Third Perspectivep. 246
Analyzing the Perspectivesp. 248
Notesp. 249
p. 253
Judicial Policymaking: An Introductionp. 255
The Occasions of Judicial Policymakingp. 256
Judicial Review and Constitutional Policymakingp. 256
Remedial Policymakingp. 260
Statutory Interpretation and Judicial Policymakingp. 261
Oversight of Administrative Activity and Judicial Policymakingp. 263
The Common Law and Judicial Policymakingp. 264
Cumulative Policymakingp. 265
The Incidence of Judicial Policymakingp. 267
The Level of Judicial Policymakingp. 267
Historical Shifts in Judicial Policymakingp. 267
The Agenda of Judicial Policymakingp. 268
Assessing Judicial Policymakingp. 269
Criteria for Evaluationp. 269
Judicial Capacity and Policy Effectivenessp. 270
Legitimacyp. 273
Conclusionsp. 275
Notesp. 276
Federal Court Policymakingp. 280
School Desegregationp. 280
The Road to Brownp. 281
Brown I and Brown IIp. 282
The Response to Brown, 1954 to 1964p. 284
School Desegregation, 1964 to 1971p. 285
The Courts and School Desegregation, 1971 to 2009p. 287
The Legacy of Brownp. 290
Abortionp. 291
Abortion Becomes a Legal Issuep. 291
Roe v. Wadep. 294
The Response to Roep. 296
The Effects of Roep. 298
Brown, Roe, and Beyondp. 299
The Development of Legal Issuesp. 299
Policy Changep. 300
Legal Obligationp. 301
Policy Effectivenessp. 303
Notesp. 305
State Court Policymakingp. 311
School Financep. 311
The Development of School Finance Litigationp. 312
The Broader Context of State Constitutional Policymakingp. 318
The Tort Law Revolution and Product Liability Lawp. 321
The Changing Face of Product Liability Lawp. 322
The Consequences of Policy Changep. 328
Responses to the Product Liability "Crisis"p. 332
Conclusionsp. 333
Notesp. 334
Further Readingp. 340
Indexp. 351
Table of Contents provided by Ingram. All Rights Reserved.

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