The judicial process : law, courts, and judicial politics /: law, courts, and judicial politics. ([2016])

• Record Type: Book
• Further Information: Note: Christopher P. Banks, Kent State University; David M. O'Brien, University of Virginia.
• Authors: Banks, Christopher P; O'Brien, David M
• Contents: Part 1: Law and Political Jurisprudence in a Globalized Society; Chapter 1: The Politics of Law and Courts in Society; Legal Systems; In Comparative Perspective: Major Global Legal Systems; Legal Systems and Globalization; The Nature and Sources of Law; The Role of Courts in Contemporary Society; Contemporary Controversies Over Courts: The Dispute Pyramid; Chapter 2: The Politics of Law and Jurisprudence; Classical Theories of Jurisprudence; In Comparative Perspective: Law, Morality, and Same-Sex Marriages; Contemporary Theories of Jurisprudence; Contemporary Controversies over Courts: Is Cannibalism Ever Legally Justified?; Part 2: Judicial Organization and Administrative Processes; Chapter 3: Judicial Organization and Administration; The Origins of U.S. Courts; Contemporary Judicial Federalism: State and Federal Courts; The Politics of Judicial Administration and Reform; In Comparative Perspective: Constitutional Courts in Europe; Contemporary Controversies Over Courts: Should the Public Finance State Judicial Elections?; Chapter 4: Judicial Selection and Removal; Staffing State Courts; Staffing Federal Courts; Contemporary Controversies Over Courts: The Hardball Politics of Filibusters, "Nuclear Options, " and Recess Appointments in Federal Judicial Selection; Toward a Representative Bench and a Career Judiciary?; In Comparative Perspective: The Career Judiciary in Japan; Part 3: Access to Courts and Judicial Decision Making; Chapter 5: The Practice of Law; The Rise of the American Legal Profession; Contemporary Legal Education and Bar Admission; In Comparative Perspective: Legal Education and Lawyers in Western Democracy; The Business of Legal Practice; Access to Lawyers and Equal Justice; Contemporary Controversies Over Courts: The Right to Counsel and "Pay As You Go" Justice; Chapter 6: Access to Courts and Justice; Formal Barriers; Discretionary Barriers; Contemporary Controversies Over Courts: Tactics for Constitutional Avoidance: "Passive Virtues" or "Subtle Vices"?; Organized Interests and Strategic Litigarion; In Comparative Perspective: Comparative Constitutional Law, Interest Group Litigation, and Capital Punishment; Chapter 7: Trial Courts: The Adversarial Process and Criminal Cases; The Adversarial Process; The Criminal Law and the Justice System; Prosecutorial Discretion: From Arrest to Formal Arraignment; Plea Bargaining; Contemporary Controversies Over Courts: Plea Bargaining, the Right to Counsel, and Global Trends; Trials and the Jury's Role; In Comparative Perspective: Jury Systems Around the World; The Politics of the Post-Trial Sentencing Process; Chapter 8: Trial Courts: Civil Cases and Litigation; Adversarial Civil Justice; Civil Lawsuits: The Trial and Appeal Process; The Politics of Tort and Civil Litigation Reform; Contemporary Controversies Over Courts: The Roberts Court and Class Action Lawsuits; Alternative Dispute Resolution; In Comparative Perspective: The Global Expansion of ADR; Part 4: Judicial Policymaking; Chapter 9: Appellate Courts and Decision Making; The Appellate Decision Making Process; Studying Judicial Decision Making; In Comparative Perspective: Are Judges "Politicians in Robes" or Not?; Statutory Interpretation; Constitutional Interpretation; Contemporary Controversies Over Courts: How Should Judges Interpret the U.S. Constitution?; Chapter 10: The Scope and Limits of Judicial Power; Judicial Policymaking; In Comparative Perspective: The European Court of Justice and The Globalization of Judicial Power; The Impact of Judicial Decisions; The Limitations of Judicial Power; Contemporary Controversies Over Courts: Do Courts Forge Major Social Change?;
• Publisher Details: Los Angeles : CQ Press
• Publication Date: 2016
• Extent: 1 online resource (xvi, 379 pages), illustrations
• Subjects: 340; Judicial process -- United States; Law -- Interpretation and construction; Courts -- United States; Administration of justice; Law -- United States; Courts -- United States
• Languages: English
• ISBNs: 9781483317007; 1483317005
• Related ISBNs: 9781483317014
• Notes: Note: Includes bibliographical references and index.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.