Full Description
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 EditionComprehensive 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. HodgesThe Hobby Lobby case and judicial lobbyingThe trial of the Boston Marathon bomberThe legality of the use of drones at home and abroadThe legal implications of disclosures by Edward Snowden via WikiLeaksThe Supreme Court decisions on the Affordable Care ActThe legal ramifications of the use of the Confederate battle flag by government entitiesIssues of immigration and deportations, including the so-called Dreamers
Contents
Chapter 1Definition of LawSources of Law in the United StatesTypes of LawFunctions of LawThe United States and the Rule of LawA Litigious SocietySummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 2: The Federal Judicial SystemThe Historical ContextThe U.S. Supreme CourtThe U.S. Court of AppealsU.S. District CourtsConstitutional Courts, Legislative Courts, and Courts of Specialized JurisdictionAdministrative and Staff Support in the Federal JudiciaryFederal Court WorkloadSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 3: State Judicial SystemsHistorical Development of State CourtsState Court OrganizationNorm Enforcement in the State CourtsThe Courtroom Work GroupAdministrative Hearings in the StatesPolicymaking in the State CourtsInnovation in State CourtsAdministrative and Staff Support in the State JudiciaryState Court WorkloadSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 4: Jurisdiction and Policymaking BoundariesFederal CourtsJurisdiction of State CourtsJurisdiction and Legislative PoliticsJudicial Self-RestraintSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 5: State JudgesQualifications and Backgrounds of State JudgesThe Selection Process for State JudgesThe Retirement and Removal of State JudgesSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 6: Federal JudgesBackground Characteristics of Federal JudgesFormal and Informal Qualifications of Federal JudgesThe Federal Selection Process and Its ParticipantsThe Judicial Socialization ProcessThe Retirement and Removal of JudgesSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 7: Policy Links between the Citizenry, the President, and the Federal JudiciaryThe President and the Composition of the JudiciaryPresidents' Values and Their Appointees' DecisionsPresident Barack Obama and the Federal JudiciarySummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 9: Crime and Procedures Prior to a Criminal TrialThe Nature and Substance of CrimeCategories of CrimeElements of a CrimeProcedures prior to a Criminal TrialSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 10: The Criminal Trial and Its AftermathProcedures during a Criminal TrialProcedures after a Criminal TrialSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 11: The Civil Court ProcessThe Nature and Substance of Civil LawThe Main Categories of Civil LawThe Courts and Other Institutions Concerned with Civil LawThe Civil Trial ProcessSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 12: Decision Making by Trial Court JudgesThe Legal SubcultureThe Democratic SubcultureThe Subcultures as PredictorsSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 13: Decision Making in Collegial CourtsCue TheorySmall-Group AnalysisSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 14: Implementation and Impact of Judicial PoliciesThe Impact of Higher Court Decisions on Lower CourtsCongressional Influences on the Implementation ProcessExecutive Branch Influences on the Implementation ProcessOther ImplementersThe Impact of Judicial PoliciesSummaryFurther Thought and Discussion QuestionsSuggested ResourcesChapter 15: Policymaking by American Judges: A SynthesisThe Nature of the Case or IssueThe Values and Orientations of the JudgesThe Nature of the Judicial Decision-Making ProcessThe Impact of Extraneous Influences
