Search Results: american-courts-process-and-policy

American Courts: Process and Policy

Author: Lawrence Baum

Publisher: Cengage Learning

ISBN: 0495916374

Category: Political Science

Page: 368

View: 7856

The highly respected AMERICAN COURTS: PROCESS AND POLICY, by top Courts scholar Lawrence Baum, provides clear descriptions of the courts and the activities of the various courts. The Seventh Edition explains what courts do, how people within them behave, and how they relate to the rest of the political system. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

American Courts: Process and Policy

Author: Lawrence Baum

Publisher: Cengage Learning

ISBN: 1133709427

Category: Political Science

Page: 368

View: 9033

The highly respected AMERICAN COURTS: PROCESS AND POLICY, by top Courts scholar Lawrence Baum, provides clear descriptions of the courts and the activities of the various courts. The Seventh Edition explains what courts do, how people within them behave, and how they relate to the rest of the political system. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

American Courts: Process and Policy

Author: Lawrence Baum

Publisher: Nelson Education

ISBN: 1133709427

Category: Education

Page: 368

View: 6614

The highly respected AMERICAN COURTS: PROCESS AND POLICY, by top Courts scholar Lawrence Baum, provides clear descriptions of the courts and the activities of the various courts. The Seventh Edition explains what courts do, how people within them behave, and how they relate to the rest of the political system. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

America's Courts and the Criminal Justice System

Author: David W. Neubauer,Henry F. Fradella

Publisher: Cengage Learning

ISBN: 1337557897

Category: Education

Page: 648

View: 3681

The premier choice for Courts courses for decades, this popular text offers a comprehensive explanation of the courts and the criminal justice system, presented in a streamlined, straightforward manner that appeals to instructors and students alike. Neubauer and Fradella's crisp and clear writing, characterized by the organization of material into brief sections within chapters, ensures that readers gain a firm handle on the material. At the same time, the text's innovative courtroom workhouse model -- which focuses on the interrelationships among the judge, prosecutor, and defense attorney -- brings the courtroom to life. AMERICA'S COURTS AND THE CRIMINAL JUSTICE SYSTEM has long been known for the way it gives students an accurate glimpse of what it is like to work within the American criminal justice system, and the thirteenth edition is no exception. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

American Courts , Process and Policy

Author: CTI Reviews

Publisher: Cram101 Textbook Reviews

ISBN: 1467285579

Category: Education

Page: 46

View: 810

Facts101 is your complete guide to American Courts , Process and Policy. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.

American Courts and the Judicial Process

Author: G. Larry Mays

Publisher: Oxford University Press, USA

ISBN: 9780199738854

Category: Law

Page: 422

View: 1033

American Courts and the Judicial Process examines the many elements of the U.S. court system--its structure, function, and key actors. Author G. Larry Mays discusses the contrast between the law and rules as they are written and the way they play out in the real world. Concise and accessible, American Courts and the Judicial Process is ideal for undergraduate courts courses. SUPPORT PACKAGE: * Instructor's Resource CD containing a Test Bank, sample syllabi, chapter outlines, and PowerPoint-based lecture slides * Companion Website (www.oup.com/us/mays) featuring a downloadable Student Study Guide, a variety of self-quizzes, and brief chapter summaries

The Politics of Precedent on the U.S. Supreme Court

Author: Thomas G. Hansford,James F. Spriggs II

Publisher: Princeton University Press

ISBN: 0691188041

Category: Law

Page: N.A

View: 8140

The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

The Supreme Court

Author: Lawrence Baum

Publisher: CQ Press

ISBN: 1483376133

Category: Political Science

Page: 264

View: 9063

The Supreme Court, Twelfth Edition, examines all major aspects of the highest court in the nation, from the selection of justices and agenda creation to the decision-making process and the Court’s impact on government and U.S. society. Delving deeply into personalities and procedures, author Lawrence Baum provides a balanced explanation of the Court’s actions and the behavior of its justices as he reveals its complexity, reach, and influence. This new edition gives particular attention to current developments such as the impact of political polarization on the Court, the justices’ increasingly public roles, and recent rulings on same-sex marriage and health care.

American Courts Explained

A Detailed Introduction to the Legal Process Using Real Cases

Author: Gregory Mitchell,David Klein

Publisher: West Academic Publishing

ISBN: 9781634598798

Category:

Page: N.A

View: 5807

American Courts Explained (?ACE?) takes students on a detailed tour of American courts by following two real cases?one criminal, one civil?from the events that gave rise to them, through pre-trial proceedings, jury trials, and appeals. Along the way there are stops in state and federal trial and appellate courts, as well as the U.S. Supreme Court. ACE introduces readers to major debates relating to the courts: How "political" are judges? How well do different methods of selecting judges work? Do ordinary people have adequate access to lawyers? Should we trust jurors to decide complex and emotional cases? But it presents these debates in the context of actual cases so that readers can see why these debates matter to the parties, lawyers, judges, and jurors. The conviction behind this approach is that students learn best when engaged by vivid, interesting cases with details that make abstract debates and difficult legal concepts meaningful and easier to understand. By the end of ACE, readers will find that the judicial process has been demystified. They will have a firm understanding of what litigants, lawyers and judges do, will understand the structure and procedure of American civil and criminal courts, will see the purposes served by judicial rules and procedures, and will see what effect these rules, and procedures have on the outcomes of cases. Readers will have acquired the knowledge needed to critically evaluate the legal institutions we have and proposals for changing them. ACE can serve as a stand-alone text or as a supplement to a textbook that takes a more thematic and less detailed approach to the American judicial process. An accompanying website provides teachers and students with the many legal documents discussed in ACE. These materials may be used for extended study of topics, for class exercises or assignments, or just to provide more detail on the many legal procedures and concepts discussed in ACE. ACE will give students contemplating law school or a career in criminal justice a realistic understanding of what those careers would involve and a head start on the deeper study of American courts required for those career paths.

Judging Law and Policy

Courts and Policymaking in the American Political System

Author: Robert M. Howard,Amy Steigerwalt

Publisher: Routledge

ISBN: 1136887601

Category: Law

Page: 224

View: 7011

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.

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: 7419

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.

Making Policy, Making Law

An Interbranch Perspective

Author: Mark C. Miller

Publisher: Georgetown University Press

ISBN: 1589010256

Category: Political Science

Page: 244

View: 3409

The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.

Courts and Social Policy

Author: Donald L. Horowitz

Publisher: Brookings Institution Press

ISBN: 9780815707318

Category: Law

Page: 309

View: 7422

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.

American Criminal Courts

Legal Process and Social Context

Author: Casey Welch,John Randolph Fuller

Publisher: Routledge

ISBN: 145572811X

Category: Law

Page: 614

View: 1065

American Criminal Courts: Legal Process and Social Context provides a complete picture of both the theory and day-to-day reality of criminal courts in the United States. The book begins by exploring how democratic processes affect criminal law, the documents that define law, the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying philosophies of various types of courts. In practice, criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. Thus, this book includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys, etc.) as well as those outside the court who seek to influence it, including advocacy groups, the media, and politicians. It is the interplay between the court's legal processes and the social actors in the courtroom that makes the application of criminal law fascinating. By focusing on the tension between the law and the actors inside of it, American Criminal Courts: Legal Process and Social Context demonstrates how the courts are a product of "law in action" and presents content in a way that enables you to understand not only the "how" of the U.S. criminal court system, but also the "why." Clearly explains both the principles underlying the development of criminal law and the practical reality of the court system in action A complete picture of the criminal justice continuum, including prosecution, defense, judges, juries, sentencing, and pre-trial and appeals processes Feature boxes look at how courts are portrayed in the media; identify landmark due-process cases; illustrate the pros and cons of the courts’ discretionary decision-making; examine procedures and the goals of justice; and highlight the various types of careers available within the criminal courts

Controversies in American Federalism and Public Policy

Author: Christopher P. Banks

Publisher: Routledge

ISBN: 1351713388

Category: Law

Page: 200

View: 445

This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.

Law and Policy in Latin America

Transforming Courts, Institutions, and Rights

Author: Pedro Rubim Borges Fortes,Larissa Verri Boratti,Andrés Palacios Lleras,Tom Gerald Daly

Publisher: Springer

ISBN: 1137566949

Category: Political Science

Page: 354

View: 6696

This book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.

Courts and Power in Latin America and Africa

Author: B. Wilson,S. Gloppen,R. Gargarella,Morten Kinander,E. Skaar

Publisher: Springer

ISBN: 113710029X

Category: Political Science

Page: 231

View: 4644

Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others? And, why do some courts remain very timid while others - under seemingly similar circumstances - become 'hyper-active'? This is valuable contribution to the ongoing debate over the issue of democratic accountability.

Judicial Process in America

Author: Robert A. Carp,Ronald Stidham,Kenneth L. Manning,Lisa M. Holmes

Publisher: CQ Press

ISBN: 1483378276

Category: Political Science

Page: 488

View: 7682

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.

Unfit for Democracy

The Roberts Court and the Breakdown of American Politics

Author: Stephen E. Gottlieb

Publisher: NYU Press

ISBN: 0814733018

Category: Law

Page: 416

View: 4860

Asked if the country was governed by a republic or a monarchy, Benjamin Franklin replied, “A republic, if you can keep it.” Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America’s survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent—illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy. A senior scholar of constitutional law, Gottlieb brings a pioneering will to his theoretical and comparative criticism of the Roberts Court. The Roberts Court decisions are not examined in a vacuum but instead viewed in light of constitutional politics in India, South Africa, emerging Eastern European nations, and others. While constitutional decisions abroad have contributed to both the breakdown and strengthening of democratic politics, decisions in the Roberts Court have aggravated the potential destabilizing factors in democratic governments. Ultimately, Unfit for Democracy calls for an interpretation of the Constitution that takes the future of democracy seriously. Gottlieb warns that the Roberts Court’s decisions have hurt ordinary Americans economically, politically, and in the criminal process. They have damaged the historic American melting pot, increased the risk of anti-democratic paramilitaries, and clouded the democratic future.

Judges and Their Audiences

A Perspective on Judicial Behavior

Author: Lawrence Baum

Publisher: Princeton University Press

ISBN: 140082754X

Category: Law

Page: 240

View: 8744

What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.

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