The Judicial Process Law Courts and Judicial Politics 2nd Edition by Christopher Banks, David O Brien ISBN 9781642422559 164242255X
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ISBN 10: 164242255X
ISBN 13: 9781642422559
Author: Christopher Banks, David O Brien
The Judicial Process Law Courts and Judicial Politics 2nd Edition Table of contents:
Part I Law and Political Jurisprudence in a Globalized Society
Chapter 1 The Politics of Law and Courts in Society
Legal Systems
Civil Law
In Comparative Perspective: Major Global Legal Systems
Common Law
Ideological Legal Systems
Religious Legal Systems
Customary and “Mixed” Legal Systems
In Comparative Perspective: China’s Written Constitution Without Constitutionalism
Legal Systems and Globalization
The Nature and Sources of Law
Public Law
Private Law
The Role of Courts in Contemporary Society
Mediators of Conflict
Creators of Legal Expectations
Guardians of Individual and Minority Rights
Contemporary Controversies over Courts: The Politics of Secret Foreign Intelligence Surveillance Court During the Trump Administration
Therapeutic (Problem-Solving) Agents
Contemporary Controversies over Courts: Veteran Treatment Courts
Policymakers
Chapter Summary
Key Questions for Review and Critical Analysis
Web Links
Chapter 2 The Politics of Law and Jurisprudence
Classical Theories of Jurisprudence
Natural Law
Legal Positivism
In Comparative Perspective: Law, Morality, and Same-Sex Marriages
Sociological Jurisprudence and Legal Realism
Contemporary Theories of Jurisprudence
Economics in Law and Pragmatism
Feminist Jurisprudence
Contemporary Controversies over Courts: The Politics of Title IX, Sexual Assault on Campus, and Feminist Legal Reform
Critical Legal Studies and Critical Race Theory
Contemporary Controversies over Courts: Is Cannibalism Ever Legally Justified?
Chapter Summary
Key Questions for Review and Critical Analysis
Web Links
Selected Readings
Part II Judicial Organization and Administrative Processes
Chapter 3 Judicial Organization and Administration
The Origins of U.S. Courts
The 1789 Judiciary Act
The Federal Judiciary’s Evolution
Contemporary Judicial Federalism: State and Federal Courts
State Trial and Tribal Courts
Intermediate State Appellate Courts
State Courts of Last Resort
Federal Courts
In Comparative Perspective: Constitutional Courts in Europe
State Court Administration
Federal Court Administration
Judicial Administration Reform
Chapter Summary
Key Questions for Review and Critical Analysis
Web Links
Selected Readings
Chapter 4 Judicial Selection and Removal
Staffing State Courts
Merit Judicial Selection Systems
Judicial Election and Appointment Systems
Staying on the Bench
The Politics of Judicial Campaigns
In Comparative Perspective: Are Judges “Politicians in Robes” or Not?
Staffing Federal Courts
The Framers and Judicial Selection
Ideology or Merit?
The Nomination Process
Contemporary Controversies over Courts: The Federalist Society’s Role in Federal Judicial Selection
The Confirmation Process
Contemporary Controversies over Courts: The (Constitutional) Hardball Politics of Federal Judicial Selection
The Politics of Organized Interests, the Media, and Public Hearings
Senate Confirmation Hearings and Reporting the Nomination
Is the Confirmation Process “Broken”?
Toward a Representative Bench and a Career Judiciary?
A Representative Bench?
In Comparative Perspective: The Career Judiciary in Japan
Leaving the Bench
Chapter Summary
Key Questions for Review and Critical Analysis
Web Links
Selected Readings
Part III 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
U.S. Law School Education
In Comparative Perspective: Legal Education and Lawyers in Western Democracies
Professional Ethics
Bar Admissions
After Bar Passage: Trends in Diversity and Employment Inequality
The Business of Legal Practice
Lawyers as Counselors and Advocates
Legal Employment Trends and Salaries
Legal Practice Areas
Access to Lawyers and Equal Justice
The Right to Counsel in Criminal Cases
Legal Representation in Civil Litigation
Contemporary Controversies over Courts: The Right to Counsel and “Pay-as-You-Go” Justice
Government-Subsidized Legal Aid
Pro Se Representation
Pro Bono Legal Services
Chapter Summary
Key Questions for Review and Critical Analysis
Web Links
Selected Readings
Chapter 6 Access to Courts and Justice
Formal Barriers
The Constitution’s Article III “Cases” or “Controversies” Requirement
The Procedural Rules of Courts
Discretionary Barriers
Contemporary Controversies over Courts: Tactics for Constitutional Avoidance: “Passive Virtues” or “Subtle Vices”?
The Standing Doctrine
Contemporary Controversies over Courts: Animal Rights, Standing & Justice
The Timing Doctrines: Mootness and Ripeness
The Political Question Doctrine
Organized Interests and Strategic Litigation
Interest Group Politics and Litigation Strategies
Chapter Summary
Key Questions for Review and Critical Analysis
Web Links
Selected Readings
Chapter 7 Trial Courts: The Criminal Justice System
The Adversarial Process
“Truth” or “Fight” Theory?
Adversarial or Inquisitorial Justice?
The “Crime Control” and “Due Process” Models of Criminal Justice
Criminal Law and the Justice System
The Criminal Trial and Appeal Process
Prosecutorial Discretion: From Arrest to Formal Arraignment
Initial Appearance
Preliminary Hearings and Grand Jury Indictments
Formal Arraignment
Plea Bargaining
Contemporary Controversies over Courts: Plea Bargaining, the Right to Counsel, and Global Trends
The Jury’s Role
The Democratic Politics of Citizen Juries
In Comparative Perspective: The Evolution of the Common Law Jury Across the Globe
The Politics of the Post-Trial Sentencing Process
The Growth of Determinate Sentencing
Post-Trial Motions and Appeals
Chapter Summary
Key Questions for Review and Critical Analysis
Web Links
Selected Readings
Chapter 8 Trial Courts: The Civil Justice System
Adversarial Civil Justice
A “Litigation Explosion”?
Types of Civil Cases
The Parties to Civil Actions
Burden of Proof, Legal Remedies, and Damages
Contemporary Controversies over Courts: The Dispute Pyramid
The Decision to Litigate
Filing Civil Actions: Pleadings and Motion Practice
Motions of Dismissal and Summary Judgment
The Discovery Process and Pretrial Conferences
Trial, Judgment, and Appeal
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
Chapter Summary
Key Questions for Review and Critical Analysis
Web Links
Selected Readings
Part IV Judicial Policymaking
Chapter 9 The Appellate Court Process
The Appellate Court Decision-Making Process
Agenda Setting
Oral Argument
Judicial Conferences
Opinion Writing
Studying Judicial Decision-Making
The Attitudinal Model
New Institutionalism
Strategic Choice Theory
Legal Formalism and Traditional Legal Reasoning
The Law and Politics of Legal Precedent
Contemporary Controversies over Courts: Law, Precedent and Courts
Statutory and Constitutional Interpretation
Statutory Construction
Constitutional Interpretation
Contemporary Controversies over Courts: How Should Judges Interpret the U.S. Constitution?
Chapter Summary
Key Questions for Review and Critical Analysis
Web Links
Chapter 10 The Scope and Limits of Judicial Power
Judicial Policymaking
“Judicial Activism” and “Judicial Restraint”
In Comparative Perspective: The European Court of Justice and the Globalization of Judicial Power
State Judicial Policymaking
Federal Judicial Policymaking
The Impact of Judicial Decisions
Brown v. Board of Education (1954) and School Desegregation Politics
The Politics of LGBT Rights and Same-Sex Marriages
The Limitations of Judicial Power
Internal Constraints
External Restraints
Contemporary Controversies over Courts: Do Courts Forge Major Social Change?
Concluding Thoughts
Chapter Summary
Key Questions for Review and Critical Analysis
Web Links
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Tags: Christopher Banks, David O Brien, Judicial Process, Judicial Politics
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