May It Please the Court : Judicial Processes and Politics in America Book

(Each chapter contains a Conclusion before the Epilogue.)

Figures.

Preface.

1. Courts and Judges in the Political Process.

Law and Politics: Myth and Reality.

The Political Context of Judging.

Courts in the American Political System.

Links Between Law and Politics.

The Differences Between Law and Politics.

Reconciling Law and Politics.

Conclusion: Law, Politics, and Judicial Decisions.

Epilogue: The Law and Politics of Flag Burning: United States v. Eichman, 496 U.S. 310 (1990).

2. American CourtsñStructures and Procedures.

Federalism and the Judiciary.

State Court Systems.

Introduction.

Trial Courts of Limited Jurisdiction.

Trial Courts of General Jurisdiction.

Intermediate Appellate Courts.

Courts of Last Resort.

The Federal Court System.

Introduction.

Specialized Federal Courts.

U.S. District Courts.

U.S. Courts of Appeals.

U.S. Supreme Court.

Federal Court Administration.

Relations Between State and Federal Courts.

Epilogue: The Roots of Judicial Federalism: Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304 (1816).

3. Lawyers and Lawyering.

Introduction.

A Brief History of the Legal Profession.

The Legal Profession Today.

Entry.

Culture.

Practice.

Challenges.

Epilogue: Client Solicitation and Free Speech: Florida Bar v. Went For It, Inc., 115 S.Ct. 2371 (1995).

4. Judicial Selection and Removal.

Law, Politics, and Judicial Nominations.

Judicial Selection in the States.

Introduction.

Election.

Appointment.

Appointment-and-Election.

Legislative Selection.

Conclusion.

Discipline and Removal of State Judges.

Selection of Federal Judges.

Introduction.

The Lower Federal Courts.

The Supreme Court.

Discipline and Removal of Federal Judges.

Epilogue: Voting Rights and Judicial Elections: Chisom v. Roemer, 501 U.S. 380 (1991).

5. Norm Enforcement: The Criminal Justice Process.

Introduction.

State v. Johnson: Facts.

State v. Johnson: Participants.

The Defendant.

The Defense Attorney.

The Prosecutor.

The Judge.

State v. Johnson: Process.

Pretrial.

Trial.

Epilogue: Dr. Sheppard's Trial: Sheppard v. Maxwell, 384 U.S. 333 (1966).

6. Dispute ResolutionñThe Civil Justice Process.

Introduction.

Peterson v. Big Pine Mountain Ski Corporation: Facts.

Participants.

The Plaintiff.

The Plaintiff's Attorney.

The Defendant.

The Defense Attorney.

The Judge.

Process.

Pretrial.

Trial.

Epilogue: Dr. Gore's Windfall: B.M.W. of North America, Inc. v. Gore, 517 U.S. 559 (1996).

7. Policy MakingñThe Appellate Process.

Introduction.

State v. Johnson on Appeal.

Post-Verdict Motions.

Notice of Appeal.

Briefs.

Oral Argument.

Decision Conference.

Decision.

Peterson On Appeal.

Post-Verdict Motion.

Notice of Appeal.

Briefs.

Oral Argument.

Decision Conference.

Decision.

Epilogue: Open Fields and a “Tumbledown” House: State v. Kirchoff, 156 Vt. 1, 587 A.2d 988 (1991); Pines v. Perssion, 14 Wis.2d 590, 111 N.W.2d 409 (1961).

8. Legal and Political Influences on Judicial Decision Making.

Introduction.

Legal Influences.

Procedural.

Substantive.

Political Influences.

Attitudinal.

Organizational.

Institutional.

Reconciling Legal and Political Perspectives.

Epilogue: The Law and Politics of Abortion: Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992).

9. The Limits of Judicial Policy Making.

Introduction.

The Debate About Judicial Policy Making.

Overview.

Judicial Restraint v. Judicial Activism.

Constrained Court v. Dynamic Court.

An Assessment of Judicial Policy Making.

Legitimacy.

Capacity.

Impact.

Epilogue: A School System Flunks Out: Rose v. Council for Better Education, Inc., 790 S.W.2d 186 (Ky. 1989).

10. Summary and Conclusion.

Summary.

Conclusion.

Appendix A: Researching The Law.

Appendix B: Documents of Litigation.

Criminal.

Application and Supporting Affidavit for Apartment Search.

Search Warrant.

Indictment.

Motion to Suppress Evidence.

Civil.

Complaint.

Answer.