| List of Tables and Figures |
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xiv | |
| Preface |
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xvi | |
| Acknowledgments |
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xxii | |
| Publisher's Acknowledgments |
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xxiii | |
| Chapter 1 Foundations of Law in the United States |
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1 | (25) |
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4 | (1) |
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Sources of Law in the United States |
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4 | (3) |
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4 | (1) |
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Acts of Legislative Bodies |
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4 | (1) |
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Decisions of Quasi-Legislative and Quasi-Judicial Bodies |
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5 | (1) |
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Orders and Rulings of Political Executives |
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5 | (2) |
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7 | (1) |
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7 | (3) |
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7 | (1) |
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Statutory Law and Common Law |
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8 | (1) |
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Civil Law and Criminal Law |
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8 | (1) |
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8 | (1) |
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8 | (1) |
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9 | (1) |
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State Law and Federal Law |
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9 | (1) |
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10 | (3) |
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Providing Order and Predictability in Society |
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11 | (1) |
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11 | (1) |
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Protecting Individuals and Property |
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12 | (1) |
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Providing for the General Welfare |
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12 | (1) |
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Protecting Individual Liberties |
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12 | (1) |
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The United States and the Rule of Law |
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13 | (4) |
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13 | (1) |
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John Brown at Harpers Ferry |
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14 | (1) |
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The Civil Rights Movement |
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14 | (2) |
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Examples of Civil Disobedience in the United States |
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16 | (1) |
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Concluding Thoughts on the United States and the Rule of Law |
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17 | (1) |
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17 | (4) |
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21 | (1) |
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Further Thought and Discussion Questions |
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21 | (1) |
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22 | (4) |
| Chapter 2 The Federal Judicial System |
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26 | (28) |
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27 | (1) |
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The Constitutional Convention and Article III |
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28 | (1) |
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The Judiciary Act of 1789 |
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28 | (1) |
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28 | (7) |
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The Impact of Chief Justice Marshall |
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29 | (1) |
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The Supreme Court as a Policymaker |
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30 | (2) |
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The Supreme Court as Final Arbiter |
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32 | (1) |
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The Supreme Court at Work |
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32 | (3) |
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The U.S. Courts of Appeals |
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35 | (4) |
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The Review Function of the Courts of Appeals |
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35 | (2) |
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The Courts of Appeals as Policymakers |
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37 | (1) |
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The Courts of Appeals at Work |
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38 | (1) |
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39 | (3) |
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Current Organization of the District Courts |
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39 | (1) |
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The District Courts as Trial Courts |
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40 | (1) |
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Norm Enforcement by the District Courts |
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40 | (1) |
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Policymaking by the District Courts |
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41 | (1) |
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Three-Judge District Courts |
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42 | (1) |
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Constitutional Courts, Legislative Courts, and Courts of Specialized Jurisdiction |
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42 | (1) |
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Administrative and Staff Support in the Federal Judiciary |
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43 | (3) |
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United States Magistrate Judges |
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44 | (1) |
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44 | (2) |
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Administrative Office of the U.S. Courts |
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46 | (1) |
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The Federal Judicial Center |
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46 | (1) |
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46 | (3) |
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49 | (1) |
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Further Thought and Discussion Questions |
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49 | (1) |
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49 | (5) |
| Chapter 3 State Judicial Systems |
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54 | (24) |
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Historical Development of State Courts |
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54 | (4) |
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56 | (1) |
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56 | (1) |
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57 | (1) |
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58 | (6) |
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Trial Courts of Limited Jurisdiction |
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58 | (3) |
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Trial Courts of General Jurisdiction |
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61 | (1) |
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Intermediate Appellate Courts |
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62 | (1) |
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63 | (1) |
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63 | (1) |
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Norm Enforcement in the State Courts |
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64 | (1) |
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65 | (1) |
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Administrative Hearings in the States |
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66 | (1) |
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Policymaking in the State Courts |
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67 | (2) |
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Innovation in State Courts |
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69 | (1) |
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Administrative and Staff Support in the State Judiciary |
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70 | (1) |
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70 | (1) |
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70 | (1) |
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Administrative Office of the Courts |
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70 | (1) |
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Court Clerks and Court Administrators |
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71 | (1) |
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71 | (2) |
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73 | (1) |
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Further Thought and Discussion Questions |
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73 | (1) |
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73 | (5) |
| Chapter 4 Jurisdiction and Policymaking Boundaries |
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78 | (28) |
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78 | (6) |
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78 | (4) |
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82 | (1) |
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82 | (2) |
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Jurisdiction of State Courts |
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84 | (1) |
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Jurisdiction and Legislative Politics |
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84 | (2) |
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86 | (14) |
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A Definite Controversy Must Exist |
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87 | (3) |
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90 | (2) |
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Beneficiaries May Not Sue |
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92 | (1) |
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Appellate Courts Rule on Legal-Not Factual-Questions |
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92 | (1) |
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The Supreme Court Is Not Bound (Technically) by Precedents |
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93 | (1) |
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Other Remedies Must Be Exhausted |
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93 | (1) |
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Courts Do Not Decide "Political Questions" |
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94 | (2) |
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The Burden of Proof Is on the Petitioner |
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96 | (1) |
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Laws Are Overturned on the Narrowest Grounds Only |
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97 | (1) |
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No Rulings Are Made on the "Wisdom" of Legislation |
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98 | (2) |
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100 | (1) |
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Further Thought and Discussion Questions |
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100 | (1) |
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101 | (5) |
| Chapter 5 State Judges |
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106 | (26) |
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The Selection Process for State Judges |
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107 | (11) |
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Partisan and Nonpartisan Election of Judges |
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110 | (4) |
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114 | (2) |
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Gubernatorial Appointment and Legislative Appointment |
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116 | (1) |
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Selection of the Chief Justice: The Cautionary Tale of the Wisconsin Supreme Court |
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117 | (1) |
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The Retirement and Removal of State Judges |
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118 | (3) |
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Judicial Independence and State Courts |
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121 | (3) |
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124 | (1) |
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Further Thought and Discussion Questions |
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125 | (1) |
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125 | (7) |
| Chapter 6 Federal Judges |
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132 | (60) |
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Background Characteristics of Federal Judges |
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132 | (13) |
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134 | (4) |
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138 | (4) |
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142 | (2) |
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An Appraisal of the Statistics |
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144 | (1) |
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Formal and Informal Qualifications of Federal Judges |
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145 | (4) |
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145 | (1) |
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146 | (3) |
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The Federal Selection Process and Its Participants |
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149 | (16) |
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150 | (5) |
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The Department of Justice |
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155 | (1) |
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State and Local Party Leaders |
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156 | (1) |
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156 | (1) |
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The American Bar Association |
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157 | (2) |
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159 | (1) |
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The Senate Judiciary Committee |
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160 | (3) |
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163 | (2) |
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The Judicial Socialization Process |
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165 | (4) |
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The Retirement and Removal of Judges |
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169 | (8) |
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Disciplinary Action Against Federal Judges |
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169 | (4) |
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Disability of Federal Judges |
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173 | (4) |
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177 | (1) |
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Further Thought and Discussion Questions |
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178 | (1) |
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178 | (14) |
| Chapter 7 Policy Links Among the Citizenry, the President, and the Federal Judiciary |
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192 | (31) |
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The President and the Composition of the Judiciary |
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193 | (5) |
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Presidential Support for Ideologically Based Appointments |
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193 | (1) |
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The Number of Vacancies to Be Filled |
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194 | (1) |
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The President's Political Clout |
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195 | (2) |
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The Judicial Climate the New Judges Enter |
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197 | (1) |
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Presidents' Values and Their Appointees' Decisions |
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198 | (19) |
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President Barack Obama and the Federal Judiciary |
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203 | (9) |
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President Donald Trump and the Federal Judiciary |
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212 | (5) |
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217 | (1) |
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Further Thought and Discussion Questions |
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217 | (1) |
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217 | (6) |
| Chapter 8 Lawyers, Litigants, and Interest Groups in the Judicial Process |
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223 | (32) |
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Lawyers and the Legal Profession |
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224 | (15) |
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Development of the Legal Profession |
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224 | (3) |
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Law School Growth and the "Great Recession" |
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227 | (2) |
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Stratification in the Legal Profession |
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229 | (3) |
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Government Attorneys in the Judicial Process |
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232 | (5) |
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Private Lawyers in the Judicial Process |
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237 | (1) |
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Legal Services for the Poor |
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238 | (1) |
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239 | (1) |
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Interest Groups in the Judicial Process |
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240 | (6) |
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242 | (1) |
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243 | (3) |
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246 | (1) |
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Further Thought and Discussion Questions |
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246 | (1) |
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247 | (8) |
| Chapter 9 Crime and Procedures Prior to a Criminal Trial |
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255 | (38) |
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The Nature and Substance of Crime |
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255 | (3) |
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258 | (5) |
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258 | (1) |
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259 | (2) |
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Syndicated, or Organized, Crimes |
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261 | (1) |
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261 | (2) |
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263 | (1) |
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263 | (4) |
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A Law Defining the Crime and the Punishment |
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263 | (2) |
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265 | (1) |
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265 | (1) |
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266 | (1) |
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A Causal Relationship Between the Action and the Resultant Injury |
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266 | (1) |
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Procedures Prior to a Criminal Trial |
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267 | (19) |
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267 | (5) |
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Appearance Before a Magistrate |
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272 | (2) |
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The Grand Jury Process or the Preliminary Hearing |
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274 | (3) |
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277 | (1) |
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The Possibility of a Plea Bargain |
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277 | (7) |
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The Adversarial Process as Contrasted With the Inquisitorial Method |
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284 | (2) |
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286 | (1) |
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Further Thought and Discussion Questions |
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286 | (1) |
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286 | (7) |
| Chapter 10 The Criminal Trial and Its Aftermath |
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293 | (39) |
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Procedures During a Criminal Trial |
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293 | (15) |
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Basic Rights Guaranteed During the Trial Process |
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294 | (3) |
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297 | (2) |
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299 | (1) |
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299 | (2) |
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301 | (1) |
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Role of the Judge During the Trial |
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302 | (2) |
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Role of the Jury During the Trial |
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304 | (1) |
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305 | (1) |
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306 | (2) |
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Conviction Rates and the Likelihood of Being Sent to Prison |
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308 | (1) |
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Procedures After a Criminal Trial |
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308 | (12) |
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309 | (7) |
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316 | (4) |
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320 | (1) |
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Further Thought and Discussion Questions |
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320 | (1) |
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321 | (11) |
| Chapter 11 The Civil Court Process |
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332 | (27) |
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The Nature and Substance of Civil Law |
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332 | (6) |
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The Main Categories of Civil Law |
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334 | (1) |
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334 | (1) |
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334 | (3) |
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337 | (1) |
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337 | (1) |
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337 | (1) |
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The Courts and Other Institutions Concerned With Civil Law |
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338 | (7) |
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Deciding Whether to Go to Court |
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338 | (2) |
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Alternative Dispute Resolution |
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340 | (4) |
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344 | (1) |
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345 | (1) |
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345 | (8) |
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346 | (1) |
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347 | (2) |
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349 | (4) |
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353 | (1) |
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Further Thought and Discussion Questions |
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353 | (1) |
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354 | (5) |
| Chapter 12 Decision Making by Trial Court Judges |
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359 | (52) |
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361 | (6) |
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The Nature of Legal Reasoning |
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361 | (1) |
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362 | (1) |
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Constraints on Trial Judge Decision Making |
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363 | (1) |
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The Impact of the Legal Subculture: An Example |
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364 | (1) |
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Wellsprings of the Legal Subculture |
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365 | (1) |
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The Limits of the Legal Subculture |
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366 | (1) |
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The Democratic Subculture |
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367 | (24) |
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The Influence of Political Party Affiliation |
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368 | (8) |
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376 | (7) |
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The Impact of Public Opinion |
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383 | (5) |
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The Influence of the Legislative and Executive Branches |
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388 | (3) |
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The Subcultures as Predictors |
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391 | (7) |
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When the Legal Evidence Is Contradictory |
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392 | (2) |
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When a Case Concerns New Areas of the Law |
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394 | (3) |
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The Judge's Role Conception |
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397 | (1) |
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398 | (1) |
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Further Thought and Discussion Questions |
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398 | (1) |
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399 | (12) |
| Chapter 13 Decision Making in Collegial Courts |
|
411 | (44) |
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413 | (2) |
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415 | (19) |
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417 | (1) |
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418 | (2) |
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420 | (7) |
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The Special Role of the U.S. Chief Justice, the U.S. Chief Judges, and State Supreme Court Chief Justices |
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427 | (6) |
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Evidence of Small-Group Interaction |
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433 | (1) |
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434 | (3) |
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437 | (1) |
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Practical Applications of These Four Approaches |
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438 | (6) |
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439 | (1) |
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440 | (1) |
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440 | (2) |
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442 | (2) |
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444 | (1) |
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Further Thought and Discussion Questions |
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444 | (1) |
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445 | (10) |
| Chapter 14 Implementation and Impact of Judicial Policies |
|
455 | (29) |
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The Impact of Higher Court Decisions on Lower Courts |
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456 | (7) |
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457 | (2) |
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Interpretation by Lower Courts |
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459 | (1) |
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Strategies Used by Lower Courts |
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460 | (2) |
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Influences on Lower Court Judges |
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462 | (1) |
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Congressional Influences on the Implementation Process |
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463 | (3) |
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Executive Branch Influences on the Implementation Process |
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466 | (1) |
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467 | (1) |
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The Impact of Judicial Policies |
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468 | (8) |
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471 | (1) |
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472 | (2) |
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Concluding Comments on the Impact of Judicial Policies |
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474 | (2) |
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476 | (1) |
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Further Thought and Discussion Questions |
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476 | (1) |
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477 | (7) |
| Chapter 15 Policymaking by American Judges: A Synthesis |
|
484 | (12) |
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The Nature of the Case or Issue |
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485 | (3) |
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485 | (1) |
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486 | (1) |
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Norm Enforcement Versus Policymaking |
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486 | (1) |
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Concluding Remarks About the Nature of the Case or Issue |
|
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487 | (1) |
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The Values and Orientations of the Judges |
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488 | (3) |
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Judges as a Socioeconomic Elite |
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488 | (1) |
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Judges as Representatives of Their Political Parties |
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488 | (1) |
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Judges as Manifestations of Localism |
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489 | (1) |
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Judges' Conceptions of Their Role |
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490 | (1) |
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Concluding Remarks on the Values and Orientations of the Judges |
|
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490 | (1) |
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The Nature of the Judicial Decision-Making Process |
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491 | (2) |
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The Impact of Extraneous Influences |
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493 | (3) |
| Appendix: Annotated Constitution |
|
496 | (33) |
| Glossary |
|
529 | (6) |
| Case Index |
|
535 | (3) |
| Subject Index |
|
538 | (27) |
| About the Authors |
|
565 | |
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