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Judicial Process And Judicial Policymaking
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Book Synopsis Judicial Process and Judicial Policymaking by : G. Alan Tarr
Download or read book Judicial Process and Judicial Policymaking written by G. Alan Tarr and published by Routledge. This book was released on 2019-06-04 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: An excellent introduction to judicial politics as a method of analysis, the seventh edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: 1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; 2) Judicial policymaking is a distinctive activity; 3) Courts make policy in a variety of ways; and 4) Courts may be the objects of public policy, as well as creators. New to the Seventh Edition ■ New cases through the end of the Supreme Court’s 2018 term. ■ New case studies on the Garland-Gorsuch controversy; plea negotiation (of special relevance to the Trump administration); and the litigation over Obamacare, as well as brief coverage of the Kavanaugh confirmation. ■ Expanded coverage of the crisis in the legal profession, sentencing with attention to the rise of mass incarceration and the issue of race, constitutional interpretation and the rise of “originalism,” and same-sex marriage. ■ Updated tables and figures throughout. ■ A new online e-Resource including edited cases, a glossary of terms, and resources for further learning. This text is appropriate for all students of judicial process and policy.
Book Synopsis Judicial Process and Judicial Policymaking by : George Alan Tarr
Download or read book Judicial Process and Judicial Policymaking written by George Alan Tarr and published by Wadsworth Publishing Company. This book was released on 2003 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: JUDICIAL PROCESS AND JUDICIAL POLICYMAKING focuses on policy in its discussion of the judicial process. The author's approach is based on four major premises: 1) that courts in the U.S. have always played an important role in governing and that their role has increased in recent decades; 2) that judicial policymaking is a distinctive activity; 3) that courts make policy in a variety of ways; and 4) that courts may be the objects of public policy, as well as creators. Rather than limit the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government. Then he brings students into the debate by asking them to form their own evaluations of the organization, function, and impact of the courts on and within government.
Book Synopsis The Judicial Process by : Christopher P. Banks
Download or read book The Judicial Process written by Christopher P. Banks and published by CQ Press. This book was released on 2015-02-19 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
Book Synopsis Judicial Policy Making and the Modern State by : Malcolm M. Feeley
Download or read book Judicial Policy Making and the Modern State written by Malcolm M. Feeley and published by Cambridge University Press. This book was released on 2000-03-28 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates the role of federal judges in prison reform, and policy making in general.
Book Synopsis Judicial Process in America by : Robert A. Carp
Download or read book Judicial Process in America written by Robert A. Carp and published by CQ Press. This book was released on 2015-12-30 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Holmes 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 behavior of the Obama trial judges—which are unavailable anywhere else—ensure this text’s position as a standard bearer in the field.
Book Synopsis Courts and Judicial Policymaking by : Christopher P. Banks
Download or read book Courts and Judicial Policymaking written by Christopher P. Banks and published by Prentice Hall. This book was released on 2008 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: For courses in courts and the judicial process; and law and society. The scope of its coverage, and its high academic quality, makes it attractive for graduate courses as well. Christopher P. Banks and David M. O'Brien wrote Courts and Judicial Policymaking to fill a need for a comprehensive textbook on law and judicial policymaking. The text provides a fresh perspective on the contemporary politics of law, courts, the legal profession, and judicial policymaking, often with an underlying comparative judicial process perspective. It covers four distinct areas: 1) What is law?; 2) How are courts organized and how do they work procedurally?; 3) What influences court access and, ultimately, judicial decision-making?; and, 4) How do courts make policy, and how is judicial authority constrained? It has relevant and contemporary analyses of literature from the political science and legal fields; and analyses from scholars who argue from the quantitative (attitudinal and strategic models) and the qualitative (new institutionalism) perspectives. It contains up-to-date charts and graphs on the organization of courts and trends in litigation, caseloads, and opinion writing, and it is appropriate for undergraduate and graduate classes. Feedback includes: "The book is extremely well written and organized, one of the smoothest textbooks I have read in terms of readability. The tables provided are a major selling point for the book - nicely summarize complex and often confusing materials." - Roger Handberg, University of Central Florida "The best feature of this manuscript is its thorough coverage of the subject matter as well as the in-depth analysis of specific topics and questions addressed in the boxed material and sidebars. Adding a comparative dimension by looking at the judicial systems and procedures of other countries is also quite novel." - Susan Mezey, Loyola University, Chicago
Book Synopsis Judging Law and Policy by : Robert M. Howard
Download or read book Judging Law and Policy written by Robert M. Howard and published by Routledge. This book was released on 2012-03-22 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
Book Synopsis Judicial Politics in the United States by : Mark C. Miller
Download or read book Judicial Politics in the United States written by Mark C. Miller and published by Routledge. This book was released on 2018-09-03 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
Book Synopsis Judicial Behavior and Policymaking by : Robert J. Hume
Download or read book Judicial Behavior and Policymaking written by Robert J. Hume and published by Rowman & Littlefield Publishers. This book was released on 2018 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges as policymakers -- The attitudinal model -- The legal model -- The strategic model -- Judicial selection and retention -- Courts and the public -- The impact of courts
Book Synopsis American Judicial Politics by : Harry P. Stumpf
Download or read book American Judicial Politics written by Harry P. Stumpf and published by . This book was released on 1998 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Targeted to students and teachers who have a background in the basics of American government and constitutional law and who are ready to seriously address the roles of the judicial establishment, how the judiciary is structured, how judicial processes are played out, and the extent and nature of jud
Book Synopsis Courts and Social Policy by : Donald L. Horowitz
Download or read book Courts and Social Policy written by Donald L. Horowitz and published by Brookings Institution Press. This book was released on 2010-12-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests various improvements, but warns against changes that might impair the traditional strengths of the judicial process.
Book Synopsis Electing Judges by : James L. Gibson
Download or read book Electing Judges written by James L. Gibson and published by University of Chicago Press. This book was released on 2012-09-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revealing and provocative study of the effects of judicial elections on state courts and public perceptions of impartiality. In Electing Judges, leading judicial politics scholar James L. Gibson responds to the growing concern that the realities of campaigning are undermining judicial independence and even the rule of law. Armed with empirical evidence, Gibson offers the most systematic and comprehensive study to date of the impact of judicial elections on public perceptions of fairness, impartiality, and the legitimacy of state courts—and his findings are both counterintuitive and controversial. Gibson finds that ordinary Americans do not conclude from campaign promises that judges are incapable of making impartial decisions. Instead, he shows, they understand the process of deciding cases to be an exercise in policy making, rather than of simply applying laws to individual cases—and consequently think it’s important for candidates to reveal where they stand on important issues. Negative advertising also turns out to have a limited effect on perceptions of judicial legitimacy, though certain kinds of campaign contributions can create the appearance of improper bias. Taking both the good and bad into consideration, Gibson argues persuasively that elections are ultimately beneficial in boosting the institutional legitimacy of courts, despite the slight negative effects of some campaign activities
Book Synopsis Judicial Politics by : Elliot E. Slotnick
Download or read book Judicial Politics written by Elliot E. Slotnick and published by . This book was released on 1992 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lighting the Way written by Douglas Rice and published by University of Virginia Press. This book was released on 2020-03-03 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do our federal courts, including the Supreme Court, lead or merely implement public policy? This is a critical question in the study and practice of law, with a long history of continued dispute and contradictory evidence. In Lighting the Way, Douglas Rice systematically examines both sides of this debate. Introducing compelling new data on the policy focuses of federal courts, Rice presents the first long-term, comprehensive consideration of the judicial agenda. In doing so, he details the essential role of the Supreme Court and other federal courts in directing attention to issues in American politics through influential relationships with Congress, the presidency, and the public. The dynamics Rice illustrates grow from the strengths of political constituencies in various policy areas and the constitutional powers accorded to the courts. Lighting the Way provides strong evidence that, as long argued but never empirically demonstrated, the courts systematically lead the attention of other institutions on civil rights. The research speaks to a broad and growing literature in political science and sociolegal research on the interactive nature of policymaking and the critical role of legal institutions and social movements in shaping policy agendas.
Book Synopsis Judicial Process in America by : Robert A. Carp
Download or read book Judicial Process in America written by Robert A. Carp and published by CQ Press. This book was released on 2019-02-20 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 today’s 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 Court′s 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 Trump’s 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. 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 today’s 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 "repeal and replace" the Affordable Care Act that affects millions of people; 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 children’s knowledge and who have spent much or all of their lives here); the status of abortion rights in America as more and more conservative states have sought to further restrict a woman’s right to such a procedure; the legal status of transgender persons in the armed forces; 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).
Book Synopsis The Legal Process and the Promise of Justice by : Rosann Greenspan
Download or read book The Legal Process and the Promise of Justice written by Rosann Greenspan and published by Cambridge University Press. This book was released on 2019-06-13 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.
Book Synopsis Judging Policy by : Matthew M. Taylor
Download or read book Judging Policy written by Matthew M. Taylor and published by Stanford University Press. This book was released on 2008-02-26 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts? Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes. Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.
