Judicial Politics: Readings from Judicature

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Rowman & Littlefield, 1999 - 648 páginas
This anthology of more than seventy articles, published by the American Judicature Society, is distributed by Rowman & Littlefield Publishers.
 

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Índice

The American Constitutional System and the Role of the Supreme Court in the American Polity
1
the emergence of an eclectic power
2
the usurpation and democracy questions
18
the case for judicial restraint
30
the Supreme Courts proper and historic function
35
Judges Judicial Selection Systems and Their Consequences
41
a special report
44
how voters explain their decisions
47
Some thoughts on judicial restraint
302
Some thoughts on the Supreme Courts workload
308
does the Supreme Court need help?
313
The Rehnquist Courts shrinking plenary docket
330
Federal court reform should start at the top
336
Internal Court Processes and Decisions on the Merits
343
some views of lawyers and federal judges
348
Justice Brennan and the institutionalization of dissent assignment
359

How minority judges fare in retention elections
60
picking judges under fire
68
The voting behavior of President Clintons judicial appointees
85
Magistrates Clerks and Judicial Support Staff
89
developments affecting the federal district courts lower tier of judicial officers
91
their roles and relationships with their judges
99
is there a monster in the judicial closet?
106
rebutting a presumption of sloth
114
Lawyers and Legal Practices
119
a critical evaluation
121
Can the lawyer serve all three?
129
Contingency fee lawyers as gatekeepers in the civil justice system
132
Interest Groups
140
constraints and choices
142
amici curiae and Webster v Reproductive Health Services
154
The amicus briefs in Webster v Reproductive Health Services
167
Juries
171
the decline of the American jury
173
what social scientists know and do not know
188
is it tilted toward death?
196
Is the grand jury worth keeping?
201
Curbing abuse of the grand jury
208
The American Judiciary and the Politics of Representation
210
the plaintiffs perspective
212
the defendant states perspective
218
whom does the Court represent best?
221
Voting behavior and gender on the US courts of appeals
230
The decision making of Clintons nontraditional judicial appointees
237
Should there be affirmative action for the judiciary?
239
Civil and Criminal Justice Processes
244
exploring a hypothetical case
246
the uses of discretion in regulating plea bargaining
260
steps forward steps backward
269
Are repeat offender laws having their anticipated effects?
274
what evidence is there that race influences results in the criminal justice system?
280
The impact of the Civil Justice Reform Act of 1990
283
Appellate Court Processes Access and Docketing Decisions
288
how the Supreme Court sets its agenda
291
The spirit of dissent
368
an analysis of natural courts and reversal trends
374
friendship and lobbying on the Court
383
Freshman opinion writing on the US Supreme Court 19211991
394
affirmation not reversal
401
Assessing the conservatism of the Rehnquist Court
407
Explaining transformations in Supreme Court policy
415
The Courts and Their Publics Public Opinion and the Media
422
a historical perspective
424
Shall we dance? The courts the community and the news media
432
The Supreme Court decided today or did it?
445
Supreme Court and public support for rights claims
454
Public perception of the Supreme Court in the 1990s
462
The cornerstone of judicial independence
466
Courts Congress and the Presidency
473
The Senates confirmation role in Supreme Court nominations and the politics of ideology versus impartiality
475
too much advice and too little consent
490
a view from the Senate
493
the unforeseen impact on courts and Congress
508
the view from the Hill and the federal bench
513
States and State Courts
521
state constitutions and state courts
523
State supreme court commitment to state law
538
Alternatives to Traditional Litigation
548
Arbitration vs mediationexplaining the differences
550
looking to the future
559
Rethinking barriers to legal practice
572
How are courts handling pro se litigants?
577
Judicial Policy Making and Judicial Independence in the United States
587
stability and change in 200 years
590
judicial imperialism revisited
600
The Judge Baer controversy
610
Political attacks on the judiciary
617
Reining in the federal judiciary
626
Why they fail
633
Contributors
640
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