May It Please the Court - Brian L. Porto

May It Please the Court

Judicial Processes and Politics in America, Second Edition

(Autor)

Buch | Softcover
380 Seiten
2008 | 2nd New edition
Crc Press Inc (Verlag)
978-1-4200-6767-5 (ISBN)
84,75 inkl. MwSt
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Explores topics that include the structure of federal and state courts, the selection and removal of judges, and the legal profession's history and culture. This book also discusses two hypothetical cases, outlining their trial and appellate proceedings. It also presents a debate about the legitimacy and the utility of judicial policy making.
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.

Vermont Law School, Windsor, USA

Courts and Judges in the Political Process


Law and Politics: Myth and Reality


The Political Context of Judging


Reconciling Law and Politics


Conclusion: Law, Politics, and Judicial Decisions


Epilogue: The Law and Politics of Flag Burning


American Courts—Structures and Procedures


Federalism and the Judiciary


State Court Systems


The Federal Court System


Federal Court Administration


Relations between State and Federal Courts


Conclusion


Epilogue: The Roots of Judicial Federalism


Lawyers and Lawyering


Introduction


A Brief History of the Legal Profession


The Legal Profession Today


Conclusion


Epilogue: Client Solicitation and Free Speech


Judicial Selection and Removal


Law, Politics, and Judicial Nominations


Judicial Selection in the States


Discipline and Removal of State Judges


Selection of Federal Judges


Discipline and Removal of Federal Judges


Conclusion


Epilogue: Free Speech and Judicial Elections


Norm Enforcement—The Criminal Justice Process


Introduction


State v. Johnson: Facts


State v. Johnson: Participants


State v. Johnson: Process


Conclusion


Epilogue: Dr. Sheppard’s Trial


Dispute Resolution—The Civil Justice Process


Introduction


Peterson v. Big Pine Mountain Ski Corporation: Facts


Participants


Process


Conclusion


Epilogue: Punishing Deceit


Policy Making—The Appellate Process


Introduction


State v. Johnson On Appeal


Peterson On Appeal


Conclusion


Epilogue: Open Fields and a "Tumbledown" House


Legal and Political Influences on Judicial Decision Making


Introduction


Legal Influences


Political Influences


Reconciling Legal and Political Perspectives


Conclusion


Epilogue: The Law and Politics of Abortion


The Limits of Judicial Policy Making


Introduction


The Debate about Judicial Policy Making


An Assessment of Judicial Policy Making


Conclusion


Epilogue: A School System Flunks Out


Summary and Conclusion


Summary


Conclusion


Appendix A: Researching the Law


Appendix B: Documents of Litigation


Index

Erscheint lt. Verlag 17.11.2008
Zusatzinfo 11 Tables, black and white; 11 Illustrations, black and white
Verlagsort Bosa Roca
Sprache englisch
Maße 156 x 234 mm
Gewicht 528 g
Themenwelt Recht / Steuern Allgemeines / Lexika
Recht / Steuern EU / Internationales Recht
ISBN-10 1-4200-6767-2 / 1420067672
ISBN-13 978-1-4200-6767-5 / 9781420067675
Zustand Neuware
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