The judicial process : law, courts, and judicial politics

著者

• Banks, Christopher P.
• O'Brien, David M.

書誌事項

The judicial process : law, courts, and judicial politics

Christopher P. Banks, David M. O'Brien

CQ Press, c2016

• : [pbk.]

注記

Includes bibliographical references and indexes

内容説明・目次

内容説明

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O'Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, "Contemporary Controversies over Courts" and "In Comparative Perspective," the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the "hardball politics" of judicial selection, plea bargaining trends, the right to counsel and "pay as you go" justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

目次

Part 1: Law and Political Jurisprudence in a Globalized Society Chapter 1: The Politics of Law and Courts in Society Legal Systems In Comparative Perspective: Major Global Legal Systems Legal Systems and Globalization The Nature and Sources of Law The Role of Courts in Contemporary Society Contemporary Controversies Over Courts: The Dispute Pyramid Chapter 2: The Politics of Law and Jurisprudence Classical Theories of Jurisprudence In Comparative Perspective: Law, Morality, and Same-Sex Marriages Contemporary Theories of Jurisprudence Contemporary Controversies over Courts: Is Cannibalism Ever Legally Justified? Part 2: Judicial Organization and Administrative Processes Chapter 3: Judicial Organization and Administration The Origins of U.S. Courts Contemporary Judicial Federalism: State and Federal Courts The Politics of Judicial Administration and Reform In Comparative Perspective: Constitutional Courts in Europe Contemporary Controversies Over Courts: Should the Public Finance State Judicial Elections? Chapter 4: Judicial Selection and Removal Staffing State Courts Staffing Federal Courts Contemporary Controversies Over Courts: The Hardball Politics of Filibusters, "Nuclear Options," and Recess Appointments in Federal Judicial Selection Toward a Representative Bench and a Career Judiciary? In Comparative Perspective: The Career Judiciary in Japan Part 3: Access to Courts and Judicial Decision Making Chapter 5: The Practice of Law The Rise of the American Legal Profession Contemporary Legal Education and Bar Admission In Comparative Perspective: Legal Education and Lawyers in Western Democracy The Business of Legal Practice Access to Lawyers and Equal Justice Contemporary Controversies Over Courts: The Right to Counsel and "Pay As You Go" Justice Chapter 6: Access to Courts and Justice Formal Barriers Discretionary Barriers Contemporary Controversies Over Courts: Tactics for Constitutional Avoidance: "Passive Virtues" or "Subtle Vices"? Organized Interests and Strategic Litigarion In Comparative Perspective: Comparative Constitutional Law, Interest Group Litigation, and Capital Punishment Chapter 7: Trial Courts: The Adversarial Process and Criminal Cases The Adversarial Process The Criminal Law and the Justice System Prosecutorial Discretion: From Arrest to Formal Arraignment Plea Bargaining Contemporary Controversies Over Courts: Plea Bargaining, the Right to Counsel, and Global Trends Trials and the Jury's Role In Comparative Perspective: Jury Systems Around the World The Politics of the Post-Trial Sentencing Process Chapter 8: Trial Courts: Civil Cases and Litigation Adversarial Civil Justice Civil Lawsuits: The Trial and Appeal Process The Politics of Tort and Civil Litigation Reform Contemporary Controversies Over Courts: The Roberts Court and Class Action Lawsuits Alternative Dispute Resolution In Comparative Perspective: The Global Expansion of ADR Part 4: Judicial Policymaking Chapter 9: Appellate Courts and Decision Making The Appellate Decision Making Process Studying Judicial Decision Making In Comparative Perspective: Are Judges "Politicians in Robes" or Not? Statutory Interpretation Constitutional Interpretation Contemporary Controversies Over Courts: How Should Judges Interpret the U.S. Constitution? Chapter 10: The Scope and Limits of Judicial Power Judicial Policymaking In Comparative Perspective: The European Court of Justice and The Globalization of Judicial Power The Impact of Judicial Decisions The Limitations of Judicial Power Contemporary Controversies Over Courts: Do Courts Forge Major Social Change?

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詳細情報

• NII書誌ID(NCID): BB18715601
• ISBN:
  • 9781483317014
• 出版国コード: us
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Thousand Oaks, Calif.
• ページ数/冊数: xvi, 379 p.
• 大きさ: 24 cm
• 分類:
  • DC23 : 347.01
• 件名:
  • LCSH : Judicial process