American Judicial Process

Myth and Reality in Law and Courts

Author: Pamela C. Corley,Artemus Ward,Wendy L. Martinek

Publisher: Routledge

ISBN: 113628656X

Category: Political Science

Page: 474

View: 1003

DOWNLOAD NOW »

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.
Release

Courts on Trial

Myth and Reality in American Justice

Author: Jerome Frank

Publisher: Princeton University Press

ISBN: 9780691027555

Category: Law

Page: 441

View: 8912

DOWNLOAD NOW »

Provides an indepth analysis of the American legal system and proposes reforms in the workings of the court. Bibliogs
Release

A Functional Theory of Government, Law, and Institutions

Author: Kalu N. Kalu

Publisher: Rowman & Littlefield

ISBN: 1498587038

Category: Political Science

Page: 378

View: 7126

DOWNLOAD NOW »

This comprehensive analysis of functional theory and its applications in the analysis of states, governments, and institutions draws from an interdisciplinary orientation and creates a central premise of how systems seek the maintenance of stable states and how patterned orientations enable them to perform their functions
Release

Routledge Handbook of Judicial Behavior

Author: Robert M. Howard,Kirk A. Randazzo

Publisher: Routledge

ISBN: 1317430387

Category: Political Science

Page: 518

View: 9139

DOWNLOAD NOW »

Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.
Release

American Government

Constitutional Democracy Under Pressure

Author: Cal Jillson

Publisher: Routledge

ISBN: 1351239201

Category: Political Science

Page: 370

View: 2972

DOWNLOAD NOW »

American Government: Constitutional Democracy Under Pressure highlights the necessary tension between our constitutional principles and institutions and the populist heat that sometimes roils our national politics, especially at the current political moment. Our constitutional democracy has been under pressure for some time, but few would deny that fears for its fate have deepened in just the past few years. We assume that our political institutions will limit and contain contemporary populism, just as the Founders intended and as they have in the past, but will they? An increasingly polarized electorate, urging their representatives to fight and never to compromise, may be stressing Constitutional limits. This new, compact core text offers to help American government teachers lead their students to a nuanced theoretical and practical understanding of what is happening in the politics of their Constitutional democracy today. A new, brief edition of Jillson's American Government text that is compact yet comprehensive. The "Constitutional Democracy Under Pressure" theme is timely and provocative. Puts contemporary trends toward polarization and populism in context.
Release

Judicial Protection of Human Rights

Myth Or Reality?

Author: Mark Gibney,Stanislaw Frankowski

Publisher: Greenwood Publishing Group

ISBN: 9780275960117

Category: Law

Page: 207

View: 820

DOWNLOAD NOW »

Can judges serve as protectors for human rights? Have courts merely abided egregious practices or perhaps even provided some form of legitimation, or have they attempted to intercede to stem governmental abuses? This book examines judicial systems and explores these questions.
Release

The U.S. Supreme Court and the Modern Common Law Approach

Author: Simona Grossi

Publisher: Cambridge University Press

ISBN: 1107028051

Category: Law

Page: 422

View: 4612

DOWNLOAD NOW »

This book studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's modern approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, an approach that often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules and treats these principles and rules 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, beginning with established legal standards - but also including the insights derived from deductive and inductive reasoning, the lessons learned from history and custom - and ending with an examination of the social and economic consequences of the decision. Under this model, the considerations taken to reach a specific result should be articulated through a process that considers various hypotheses, arguments, confutations, and confirmations, and they should be shared with the public.
Release

May It Please the Court

Judicial Processes and Politics in America, Second Edition

Author: Brian L. Porto

Publisher: CRC Press

ISBN: 1420067699

Category: Law

Page: 380

View: 4669

DOWNLOAD NOW »

Despite their clarity and sophistication, most judicial process texts currently available have two significant limitations. First, they understate the effects of legal factors such as stare decisis on judicial decision-making and second, they fail to convey the human emotions involved in litigation. Reflecting the author’s experience as a political scientist, law student, judicial clerk, practicing attorney, and law professor, May It Please the Court: Judicial Processes and Politics in America, Second Edition redresses this imbalance by giving well-deserved attention to legal influences on judicial decisions and to the human drama of litigation. Each chapter reflects the book’s premise that the judicial process operates at the intersection of law and politics, and this theme guides the discussions. The coverage in the book is far-reaching, exploring numerous topics, including the structure of federal and state courts, the selection and removal of judges, and the legal profession’s history and culture. It discusses two hypothetical cases, outlining their trial and appellate proceedings. It also presents an engaging debate about the legitimacy and the utility of judicial policy making. New to this edition: Expanded appendices, including a discussion of computerized legal research New illustrative cases, documents, and web references All chapters updated to reflect changes since the first publication in 2001 The final chapter summarizes the theme of the book, noting that courts not only enforce norms and resolve disputes, but also, as a coequal branch of government, shape the fundamental power relationships that drive American politics. 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.
Release

The Legal Realism of Jerome N. Frank

A Study of Fact-Skepticism and the Judicial Process

Author: Julius Paul

Publisher: Springer

ISBN: 9401194939

Category: Law

Page: 177

View: 9074

DOWNLOAD NOW »

Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the most intractable. While most of the law in books may seem to center about abstract theories, doctrines, princi ples, and rules, the truth is that most of it is designed in some way to escape the painful examination of the facts which bring parties in a particular case to court. Frequently the emphasis is on the rule of law as it is with respect to the negotiable instru ment which forbids inquiry behind its face; sometimes the empha sis is on men as in the case of the wide discretion given a judge or administrator; sometimes on the process, as in pleading to a refined issue, summary judgment, pre-trial conference, or jury trial designed to impose the dirty work of fact finding on laymen. The minds of the men of law never cease to labor at im proving process in the hope that some less painful, more trustworthy and if possible automatic method can be found to lay open or force litigants to disclose what lies inside their quarrel, so that law can be administered with dispatch and de cisiveness in the hope that truth and justice will be served.
Release