Judicial Process in America (eBook)

Robert A. Carp, Lisa M. Holmes, Kenneth L. Manning, Ronald Stidham (Autoren)

eBook Download: PDF

2019 | 11., Eleventh Edition
592 Seiten
Sage Publications (Verlag)
978-1-5443-1672-7 (ISBN)

Infos

Known for shedding light on the link between the courts, public policy, and the political environment, Judicial Process in America offers students a clear but comprehensive overview of todays American judiciary. Considering the courts from every level, the authors thoroughly cover judges, lawyers, litigants, and the variables at play in judicial decision-making. The highly anticipated Eleventh Edition offers updated coverage of recent Supreme Court rulings, including same-sex marriage and health care subsidies; the effect of three women justices on the Courtas patterns of decision; and the policy-making role of state tribunals as they consider an increasing number of state programs and policies.New to this Edition Discussions of recent judicial appointments take a critical look at how President Trumps victory has set the stage for moving the ideological direction of the Supreme Court and of the lower federal judiciary in a distinctly more conservative direction.A A 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. Additional tables and graphs illustrate the patterns and trends that are occurring in todays judicial process. New coverage of current topics help students see how the judicial process is applied. These topics include: the legality of Congress feeble attempts to "e;repeal and replace"e; the Affordable Care Act that affects millions of people;A how to address the issues of immigration and deportations, including what to do about so-called Dreamers (children brought illegally to the United States by their parents without the childrens knowledge and who have spent much or all of their lives here);A the status of abortion rights in America as more and more conservative states have sought to further restrict a womans right to such a procedure;A the legal status of transgender persons in the armed forces;A the degree to which severely gerrymandered legislative districts pass constitutional muster; and the great changes in the issue of same-sex marriage, both among average Americans and within the state and federal court systems (including all the ancillary issues such as whether same-sex couples can adopt children and obtain government fringe benefits). A

Inhalt

Preface
Acknowledgments
Publisher’s Acknowledgments
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
Chapter 2. The Federal Judicial System
The Historical Context
The U.S. Supreme Court
The U.S. Courts 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
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
Chapter 4. Jurisdiction and Policymaking Boundaries
Federal Courts
Jurisdiction of State Courts
Jurisdiction and Legislative Politics
Judicial Self-Restraint
Chapter 5. State Judges
Qualifications and Backgrounds of State Judges
The Selection Process for State Judges
The Retirement and Removal of State Judges
Judicial Independence and State Courts
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
Chapter 7. Policy Links among the Citizenry, the President, and the Federal Judiciary
The President and the Composition of the Judiciary
Presidents’ Values and Their Appointees’ Decisions
Chapter 8. Lawyers, Litigants, and Interest Groups in the Judicial Process
Lawyers and the Legal Profession
Litigants
Interest Groups in the Judicial Process
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
Chapter 10. The Criminal Trial and Its Aftermath
Procedures during a Criminal Trial
Procedures after a Criminal Trial
Chapter 11. The Civil Court Process
The Nature and Substance of Civil Law
The Courts and Other Institutions Concerned with Civil Law
The Civil Trial Process
Chapter 12. Decision Making by Trial Court Judges
The Legal Subculture
The Democratic Subculture
The Subcultures as Predictors
Chapter 13. Decision Making in Collegial Courts
Cue Theory
Small-Group Analysis
Attitude Theory
Rational Choice Theory
Practical Applications of These Four Approaches
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
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
Appendix: Annotated Constitution
Glossary
Case Index
Subject Index
About the Authors

Produkt-Details

• Erscheint lt. Verlag: 20.2.2019
• Verlagsort: Washington DC
• Sprache: englisch
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Sozialwissenschaften ► Politik / Verwaltung
• Schlagworte: American Government • Carp • constitutional law • Judicial process • Judicial Process in America, Eleventh Edition • Law & Society
• ISBN-10: 1-5443-1672-0 / 1544316720
• ISBN-13: 978-1-5443-1672-7 / 9781544316727