Judicial Process in America

Tenth Auflage
ISBN: 978-1-4833-7825-1
Verlag: CQ Press

Buch, Englisch, 488 Seiten, Format (B × H): 152 mm x 226 mm, Gewicht: 528 g

The book considers judges, lawyers, and litigants, as well as the variables at play in judicial decision making. In this Tenth Edition, the authors examine the recent Supreme Court rulings on same-sex marriage and health care subsidies, the effect of three women justices on the Court’s patterns of decision, and the policy-making role of state tribunals. Original data on the decision-making behaviour of the Obama trial judges—which are unavailable anywhere else—ensure this text’s position as a standard bearer in the field.

New to This Edition

- Comprehensive analysis of court dynamics, including the impact of three women on the U.S. Supreme Court; Chief Justice John G. Roberts’ leadership on the Supreme Court; the new Attorney General of the United States, Loretta Lynch; the voting patterns of Democrats and Republicans on the trial court bench; and the decisional patterns of the Obama appointees.

- New coverage of current topics:

- Gay and lesbian rights, including analysis of Obergefell v. Hodges

- The Hobby Lobby case and judicial lobbying

- The trial of the Boston Marathon bomber

- The legality of the use of drones at home and abroad

- The legal implications of disclosures by Edward Snowden via WikiLeaks

- The Supreme Court decisions on the Affordable Care Act

- The legal ramifications of the use of the Confederate battle flag by government entities

- Issues of immigration and deportations, including the so-called Dreamers

Autoren/Hrsg.

Carp, Robert A.

Stidham, Ronald C.

Manning, Kenneth L.

Holmes, Lisa M.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

Chapter 1: Foundations of Law in the United States
Definition of Law
Sources of Law in the United States
Types of Law
Functions of Law
The United States and the Rule of Law
A Litigious Society
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 2: The Federal Judicial System
The Historical Context
The U.S. Supreme Court
The U.S. Court of Appeals
U.S. District Courts
Constitutional Courts, Legislative Courts, and Courts of Specialized Jurisdiction
Administrative and Staff Support in the Federal Judiciary
Federal Court Workload
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 3: State Judicial Systems
Historical Development of State Courts
State Court Organization
Norm Enforcement in the State Courts
The Courtroom Work Group
Administrative Hearings in the States
Policymaking in the State Courts
Innovation in State Courts
Administrative and Staff Support in the State Judiciary
State Court Workload
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 4: Jurisdiction and Policymaking Boundaries
Federal Courts
Jurisdiction of State Courts
Jurisdiction and Legislative Politics
Judicial Self-Restraint
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 5: State Judges
Qualifications and Backgrounds of State Judges
The Selection Process for State Judges
The Retirement and Removal of State Judges
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 6: Federal Judges
Background Characteristics of Federal Judges
Formal and Informal Qualifications of Federal Judges
The Federal Selection Process and Its Participants
The Judicial Socialization Process
The Retirement and Removal of Judges
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 7: Policy Links between the Citizenry, the President, and the Federal Judiciary
The President and the Composition of the Judiciary
Presidents' Values and Their Appointees' Decisions
President Barack Obama and the Federal Judiciary
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 9: Crime and Procedures Prior to a Criminal Trial
The Nature and Substance of Crime
Categories of Crime
Elements of a Crime
Procedures prior to a Criminal Trial
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 10: The Criminal Trial and Its Aftermath
Procedures during a Criminal Trial
Procedures after a Criminal Trial
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 11: The Civil Court Process
The Nature and Substance of Civil Law
The Main Categories of Civil Law
The Courts and Other Institutions Concerned with Civil Law
The Civil Trial Process
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 12: Decision Making by Trial Court Judges
The Legal Subculture
The Democratic Subculture
The Subcultures as Predictors
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 13: Decision Making in Collegial Courts
Cue Theory
Small-Group Analysis
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 14: Implementation and Impact of Judicial Policies
The Impact of Higher Court Decisions on Lower Courts
Congressional Influences on the Implementation Process
Executive Branch Influences on the Implementation Process
Other Implementers
The Impact of Judicial Policies
Summary
Further Thought and Discussion Questions
Suggested Resources
Chapter 15: Policymaking by American Judges: A Synthesis
The Nature of the Case or Issue
The Values and Orientations of the Judges
The Nature of the Judicial Decision-Making Process
The Impact of Extraneous Influences

Über Autor(innen)

Carp, Robert A.
Robert A. Carp is professor of political science at the University of Houston. He is coauthor of Policymaking and Politics in the Federal Courts; Politics and Judgment in Federal District Courts; the Federal Courts, fourth edition, with Ronald Stidham; and numerous articles on judicial process.

Holmes, Lisa M.
Professor Holmes specializes in judicial politics, constitutional law, gender and law, and American politics. Her research focuses on various issues surrounding the politics of appointing federal and state court judges. Her recent work on how presidents use judicial nominees to court favor with their partisan supporters and interested groups has been published in Presidential Studies Quarterly, American Politics Research, and the Drake Law Review. Her current project examines the implications of politicized appointment politics on the careers and attitudes of judicial nominees.

Stidham, Ronald C.
Ronald Stidham is professor emeritus of Government and Justice Studies at Appalachian State University. He is coauthor of The Federal Courts, Fifth Edition, with Robert A. Carp and Kenneth L. Manning; The State Courts, with Robert A. Carp and Kenneth L. Manning; and numerous articles in legal, social science, and criminal justice journals.

Manning, Kenneth L.
Kenneth L. Manning is professor of political science at the University of Massachusetts Dartmouth. He is coauthor with Robert A. Carp and Ronald Stidham of The Federal Courts (Fifth Edition) and The State Courts, and coeditor of Political Perspectives: Essays on Government and Politics. Manning's work on the politics of judicial decision-making and federal judicial selection have been published in a variety of journals.