Courts and judicial policymaking

著者

書誌事項

Courts and judicial policymaking

Christopher P. Banks, David M. O'Brien

Pearson/Prentice Hall, c2008

大学図書館所蔵 件 / 全2件

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

For courses in courts and the judicial process; and law and society. The scope of its coverage, and its high academic quality, makes it attractive for graduate courses as well. Christopher P. Banks and David M. O'Brien wrote Courts and Judicial Policymaking to fill a need for a comprehensive textbook on law and judicial policymaking. The text provides a fresh perspective on the contemporary politics of law, courts, the legal profession, and judicial policymaking, often with an underlying comparative judicial process perspective. It covers four distinct areas: 1) What is law?; 2) How are courts organized and how do they work procedurally?; 3) What influences court access and, ultimately, judicial decision-making?; and, 4) How do courts make policy, and how is judicial authority constrained? It has relevant and contemporary analyses of literature from the political science and legal fields; and analyses from scholars who argue from the quantitative (attitudinal and strategic models) and the qualitative (new institutionalism) perspectives. It contains up-to-date charts and graphs on the organization of courts and trends in litigation, caseloads, and opinion writing, and it is appropriate for undergraduate and graduate classes. Feedback includes: "The book is extremely well written and organized, one of the smoothest textbooks I have read in terms of readability. The tables provided are a major selling point for the book - nicely summarize complex and often confusing materials." - Roger Handberg, University of Central Florida "The best feature of this manuscript is its thorough coverage of the subject matter as well as the in-depth analysis of specific topics and questions addressed in the boxed material and sidebars. Adding a comparative dimension by looking at the judicial systems and procedures of other countries is also quite novel." - Susan Mezey, Loyola University, Chicago

目次

Illustrations Tables Sidebars Section I: The Nature of Law CHAPTER 1. Legal Systems and Sources of Law Legal Systems Civil Law, Common Law, Ideological Legal Systems, Religious Legal Systems, Customary and "Mixed" Legal Systems The Nature and Sources of Law Public Law, Private Law CHAPTER 2. The Politics of Law and Jurisprudence Classical Theories of Jurisprudence Natural Law, Legal Positivism, Sociological Jurisprudence and Legal Realism Contemporary Theories of Jurisprudence Economics in Law and Pragmatism, Feminist Jurisprudence, Critical Legal and Race Perspectives Controversies Over Courts: How Should Judges Interpret the Constitution? The Rule of Law and the Judicial Process In Comparative Perspective: Constitutional Courts in Europe Section II: Court Organization and Operation CHAPTER 3. Judicial Organization, Structure, and Administration The Origins of U.S. Courts The 1798 Judiciary Act, The Growth of the Federal Judiciary Contemporary Judicial Federalism: State and Federal Courts State Judiciaries, The Federal Judiciary In Comparative Perspective: Courts in South and Southeast Asia The Politics of Judicial Administration State Court Administration, The Administration of the Federal Judiciary The Politics of Judicial Reform in the 21st Century Controversies over Courts: Should the Public Finance State Judicial Elections? Chapter 4. Judicial Recruitment, Retention, and Removal State Judicial Selection Controversies over Courts: Are State Judicial Campaigns and Elections Too Partisan? Federal Judicial Selection The Framers and Judicial Selection, Ideology or Merit?, The Nomination Process, The Confirmation Process Towards A Representative Bench and a Career Judiciary? A Representative Bench?, Leaving the Bench In Comparative Perspective: The Career Judiciary in Japan Section III: Influences on Judicial Access and Decision-Making Chapter 5. The Practice of Law The Rise of the American Legal Profession Contemporary Legal Education and Bar Admission The Business of Legal Practice Private Practice, Government Attorneys, Corporate Legal Practice, Public Interest Lawyers and Legal Academia Access to Lawyers and Equal Justice The Right to Counsel in Criminal Cases, Legal Representation in Civil Litigation, Government Subsidized Legal Aid, Pro Se Representation, Pro Bono Legal Services Chapter 6. Access to Courts Formal Barriers Discretionary Barriers The Law of Standing, Mootness and Ripeness, The Political Question Doctrine Controversies Over Courts: Is the Federal Judiciary Too Small to Provide Equal Access to Justice? Organized Interests and Strategic Litigation Interest Group Politics and Litigation Strategies In Comparative Perspective: Comparative Constitutional Law and Capital Punishment Chapter 7. The Adversarial Process and Criminal Procedure The Adversarial Process Trials: Truth or Fight Theory? Prosecutorial Discretion: From Arrest to Trial Initial Appearance, Preliminary Hearings and Grand Jury Indictments, Formal Arraignment, Plea Bargaining The Jury's Role The Democratic Politics of Citizen-Juries In Comparative Perspective: Jury Systems Around the World Controversies Over Courts: What is the Role of Courts in Times of Crisis and Wartime? The Politics of the Post-Trial Sentencing Process The Growth of Determinate Structured Sentencing Chapter 8. Civil Litigation The Civil Trial Process The Nature of Civil Litigation, Civil Procedure Alternative Dispute Resolution In Comparative Perspective: Transnational Courts - Quasi-Judicial Tribunals Under NAFTA Section IV: Judicial Policymaking Chapter 9. Judicial Decision-Making and Behavior The Appellate Decision-Making Process Agenda Setting, Oral Argument, Judicial Conferences, Opinion Writing Controversies Over Courts: Should Unpublished Judicial Opinions Count as Precedents? Studying Judicial Decision-Making The Attitudinal Model, New Institutionalism, Strategic Choice Theory, Legal Reasoning and Interpretative Approaches, The Law and Politics of Legal Precedent Statutory Interpretation Statutory Construction and Administrative Regulation Constitutional Interpretation The Methods of Constitutional Interpretation, The Sources of Constitutional Interpretation Chapter 10. The Scope and Limits of Judicial Power Judicial Policy-Making State Judicial Policymaking: Equality in Educational Financing Cases, Federal Judicial Policymaking: Privacy Rights and Abortion Politics In Comparative Perspective: The European Court of Justice and The Globalization of Judicial Power The Impact of Judicial Decisions The Politics of Gay Rights and Same Sex Marriages: A Case Study The Limitations of Judicial Power Internal Constraints, External Restraints Controversies Over Courts: Do Courts Forge Major Social Change? ILLUSTRATIONS 3.1. The United States Court System 3.2. State Court Organization 3.3. California's Unified Court System 3.4. Ohio's Non-Unified Court System 3.5. Geographical Boundaries of the U.S. Court System 3.6. The Organization of Judicial Administration in the United States 4.1. The Nomination and Confirmation Process for Federal Judges 7.1. The Stages of Trial and the Presentation of Evidence 7.2. The Criminal Trial and Appeal Process 8.1. The Civil Trial and Appeal Process 9.1. The Process of Appellate Decision-Making 9.2. Research Methodologies for Studying Judicial Politics 10.1. Judicial Compliance and Impact TABLES 1.1. Major Global Legal Systems 1.2. Types of Law 3.1. Landmark Judicial Administration Legislation 3.2. A Comparison of the State and Federal Judiciary 3.3. Type of State Courts 3.4. State Trial Court Docket 3.5. U.S. District Court Caseload and Docket Composition, 1960-2004 3.6. Nature of Civil Actions and Criminal Offenses in U.S. District Court, 2000-2004 3.7. U.S. Courts of Appeals Docket Composition and Source of Appeals, 1988-2004 4.1. Judicial Selection Methods in the States 4.2. Federal Judicial Selection Methods During Modern Presidencies 4.3. Unsuccessful U.S. Supreme Court Nominations 4.4. The Duration of the Confirmation Process in Lower Federal Court Nominations 4.5. Demographic Characteristics of U.S. District Court Appointees 4.6. Demographic Characteristics of U.S. Court of Appeals' Appointees 4.7. Judicial Salaries of State and Federal Judges 5.1. Demand for Legal Education, 1964-2005 5.2. Legal Profession Occupations, By Gender and Position 5.3. Top "Megafirms" in the United States 5.4. Salient Differences in Legal Representation in Indigent Criminal Cases 7.1. Trial Court Characteristics in Adversary and Inquisitorial Legal Systems 7.2. Constitutional Protections in Criminal Cases 7.3. Criminal Convictions Resulting from Trials and Pleas in State Felony Cases 7.4. Sentencing Typologies and Practices 8.1. Number of Tort and Contract Trials and Median Jury Awards to Plaintiffs 8.2. Alternative Dispute Resolution and Settlement Practices 9.1. Appeals Terminated After Oral Hearing in U.S. Courts of Appeals 9.2. Types of Judicial Opinions 9.3. Appeals Terminated Without Published Opinion in U.S. Courts of Appeals 9.4. Select Categories of Legal or Political Variables Used to Explain or Predict Judicial Decisions 9.5. Voting Alignments in the Rehnquist Court, 1986-2004 9.6. Rehnquist Court Voting Blocs, By Natural Court, 1994-2004 9.7. Interpretative Methods of Statutory Construction 10.1. Constitutional Amendments Overturning Unpopular U.S. Supreme Court Decisions SIDEBARS 1.1. Inquisitorial and Adversarial Systems 1.2. Researching the Law and Judicial Decisions 3.1. Tribal Courts 3.2. United States Magistrates 4.1. Should Judges Make Direct Appeals to Voters During Judicial Campaigns? 4.2. The Federalist Society's Role in the Modern Confirmation Process 5.1. The Poor State of Indigent Defense Systems in the States 6.1. The Ashwander Rules of Constitutional Avoidance 6.2. "Public Interest" Lawsuits in the United States and Abroad 7.1. Plea Bargaining Practices in the United States and Continental Europe 7.2. Jury Nullification 8.1. The Politics of Class Actions 9.1. The U.S. Solicitor General 10.1. Judicial Activism and Restraint 10.2. The Battle over School Funding in the States

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