Banks and David M. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
This book studies the US Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, which often leads to unfair and inefficient results.
This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules, using them as premises for developing consistent unitary theories to meet current social conditions.
This model requires that judicial opinions be informed by a wide range of considerations, including established legal standards, the insights derived from deductive and inductive reasoning, the lessons learned from history and custom, and an examination of the social and economic consequences of the decision.
Examining the Supreme Court's substantive due process cases, Phillips attacks long-held beliefs about the so-called Lochner Court. No society can function without judicial institutions. At a minimum, conflict must be regulated and the criminal law enforced.
Ironically, though, modern political science has tended to ignore the role of courts in advanced industrial societies, so much so that even basic information has often been unavailable. This book covers three important bases. First, it provides, for the first time, up-to-date material about the court systems - their structures, their personnel, their jurisdictions - of the major democratic nations. Second, it places the courts in their political context, eschewing legalism and stressing their linkages with other institutions and their role in the policy process.
Third, there is an attempt to assess the direction of contemporary change, especially how it relates to broader themes of other types of political change. Malcolm Feeley? He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards.
This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced.
The selections also reveal the full range of his interests and the way in which his research interests have developed. Indeed, in the s and s, with activist courts at the forefront of social reform, the field of law and social science came of age.
But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research the realm of social facts and judicial decision making the realm of social values.
An analysis of recent controversial Supreme Court decisions help students to identify with the content by exploring issues such as, citizenship rights for immigrants, gay and lesbian rights, and freedom of speech and religion.
New coverage of current topics help students see how the judicial process is applied. Featuring the insights of criminal justice scholars G. It examines the many elements of the U. This unique text also provides students with a practical perspective, discussing the contrast between the law and the rules as they are written and the ways in which they actually play out in the real world.
The book is enhanced by "In the News" boxes that discuss contemporary events and "World View" boxes covering international courts and legal systems. Known for shedding light on the link among the courts, public policy, and the political environment, Judicial Process in America provides a comprehensive overview of the American judiciary. In this Tenth Edition, authors Robert A. Carp, Ronald Stidham, Kenneth L. Manning, and Lisa M. An ideal supplement to texts on judicial processes, Real Law Stories: Inside the American Judicial Process is the only undergraduate text dedicated to the presentation of "real-world" interviews with lawyers, judges, and police officers.
Each law professional describes his or her job across a range of legal activities and offers insights into the legal process in the United States. Rather than focusing on exceptional or famous cases, authors Richard A. Brisbin Jr. Kilwein examine the routine, day-to-day functions of lawyers, courts, and the law in personal injury, divorce, employment relations, real estate, and commercial practice; criminal justice; and the appellate process.
This "real-world" approach helps students to grasp how law operates in the everyday world while encouraging them to look beyond the mass media's negative portrayals of lawyers, police, and litigants. In order to teach students how to conduct interviews, the authors provide succinct explanations of the judicial process, define legal terms, and provide references for further study.
What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. Carp, Ronald Stidham, Kenneth L. Manning, and Lisa M. Holmes examine the recent Supreme Court rulings on same-sex marriage and health care subsidies, the effect of three women justices on the The chapter ends by observing that the judicial process offers a window on the entire American political system.
This book clarifies the view from that window. With a stronger historical context, this text is a perfect complement to a text on Constitutional Law, Judicial Process, or a legal casebook, and will help students master the legal vocabulary with which they are confronted.
This is the first in-depth empirical and historical study of the use of law clerks by American judges. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
The Seventh Edition explains what courts do, how people within them behave, and how they relate to the rest of the political system.
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