Courts, Judges, and Politics / Edition 6

by Lee Epstein Dr., C. Herman Pritchett, Jack Knight, Walter F Murphy

Overview

This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long: its effective structure, thorough coverage, narrative voice, choice of excerpts, and teaching flexibility.

Product Details

ISBN-13:	9780072977059
Publisher:	McGraw-Hill Higher Education
Publication date:	04/19/2005
Edition description:	New Edition
Pages:	816
Product dimensions:	6.40(w) x 9.10(h) x 1.10(d)

About the Author

Lee Epstein received her PhD from Emory University. She is the Edward Mallinckrodt Distinguished Professor of Political Science and Professor of Law at Washington University of St. Louis. She is the author of 'Conservatives in Court' (1985) and the co-author of 'The Supreme Court Compendium: Data, Decisions, and Developments' (1994); 'Constitutional Law for a Changing America: Institutional Powers and Constraints' (1992);'Constitutional Law for A Changing America: Rights, Liberties and Justice: A Short Course' (1996);'The Choices Justices Make' (1998);'The Supreme Court of the United States: An Introduction' (1993);'The Supreme Court and Legal Change: Abortion and the Death Penalty' (1992);'Public Interest Law Sourcebook: An Annotated Bibliography and Research Guide' (1992) and 'Public Interest Law Groups' (1989), as well as various journal articles and chapters in edited volumes. Epstein serves on the board of multiple Political Science Associations and has been awarded grants from the National Science Foundation, the Center for New Institutional Social Science, the Business, Law, and Economics Center at Washington University, Southern Methodist University, and the Earhart Foundation. Southern Methodist University awarded her the Margareta Deschner Teaching Award in 1988 and the Rotunda Teaching Award in 1988 and 1991.
She has also been named Professor of the Year, 2000 by Washington University's Undergraduate Political Science Association; Faculty of the Year, 2000 by the Washington University Student Union and Outstanding Faculty Member, 1999 by Washington University’s Women’s Panhellenic Association.
Walter F. Murphy is the McCormick Professor of Jurisprudence, Emeritus at Princeton University. Murphy was one of the creators of Courts, Judges, & Politics in 1961. His other books include Congress and the Court (1962), Elements of Judicial Strategy (1964); The Vicar of Christ (1979), and American Constitutional Interpretation (with James E. Fleming and Sotirios A. Barber, 2d ed. 1995). A former Commissioner of Civil Rights in New Jersey, Murphy served for 13 years as a member of that state's committee, monitoring judicial conduct.

Table of Contents

Part I "The Nature" of Judging

Chapter 1 Political Jurisprudence

Civil and Common Law Systems

Conceptualization of Law: School of Jurisprudence

*The Institutionalization of Declaratory Theory

*Emerging Challenges: Sociological Jurisprudence and Legal Realism

*Contemporary Scholarship: The Debate Continues

What Is to Come

Readings:

1.1 Sir William Blackstone, Commentaries on the Laws of England

1.2 Alexander Hamilton, The Fedaralist, No. 78

1.3 Alexis de Tocqueville, Judicial Power in the United States

1.4 Oliver Wendell Holmes, Jr., The Path of the Law

1.5 Banjamin N. Cardozo, The Nature of the Judicial Process

*1.6 Mary E. Becker, Obscuirng the Struggle: Sex Dsicrimination, Social Security, and Stone, Seidman, Sunstein, and Tushnet's Constituional Law

Chapter 2 Courts in Constitutional Democracies

The Origins of Courts

The Roles of Courts

The Expansion of Judicial Power?

Selected References

Readings:

2.1 Lynn Mather, The Fired Football Coach (Or, How Trial Courts Make Policy)

2.2 Marbury v. Madison (1803)

2.3 Eakin v. Raub (1825)

2.4 Robert A. Dahl, Decision Making in a Democracy: The Supreme Court as a National Policy Maker

2.5 D. Casper, The Supreme Court and National Policy Making

Part II The American Legal System

Chapter 3 Judicial Organization

Establishing the U.S. Legal System

Today's System of Federal Courts

State Courts

A New Judicial Federalism

Selected References

Readings:

3.1 Judiciary CAct of 1789, section 25

*3.2 Jonathan Matthew Lohen, Inside Appellate Courts

3.3 C.K. Rowland and Robert Carp, Politics and Judgement of the Federal District Courts

3.4 Charles E. Wyzanski, Jr., The Importance of the Trial Judge

3.5 J. Woodford Howard, Jr., Litigation Flow in Three United Stated Courts of Appeals

3.6 Victor Williams, Solutions to Federal Judicial Gridlock, and John O. Newman, 1,000 Judges--The Limit for an Effective Federal Judiciary

3.7 Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedmna, and Stanton Wheeler, The Evolution of State Supreme Courts

3.8 William J. Brennan, Guardians of our Liberties--State Courts No Less Than Federal

*3.9 Goodrich v. Department of Public Health

Chapter 4 Judicial Selection and Retention

Selection of Federal Judges

Judicial Selection in the States

Disciplining Judges

Selected References

Readings:

4.1 Sheldon Goldman, Ellieot Slotnick, Gerard Gryski, Gary Zuk, and Sara Schiavoni, The Composition of the Federal Judiciary

4.2 Sheldon Goldman, Picking Federal Judges

*4.3 Neil Lewis, Partisanship and the Appointment of Federal Judges (With a Postscript on the George W. Bush Administration)

4.4 Jason M. Roberts, Parties, Presidents, and Procedures

4.5 Gregory A. Caldeira and John R. Wright, Lobbying for Justice

*4.6 Jeffrey A. Segal, Richard J. Timpone, Robert M. Howard, Buyer Beware? Presidential Success Through Supreme Court Appointments

4.7 Thomas G. Walker and Deborah J. Barrow, The Diversification of the Federal Bench: Policy and Process Ramifications

4.8 Thurgood Marshall, Comments on the Missouri Plan

4.9 John T. Wold and John H. Culver, The Defeat of the California Justices

Chapter 5 The Bar

Becoming An Attorney

The Lawyer's Work

Challenges Confronting the Legal Profession

Selected References

Readings:

5.1 Scott Turow, One L: An Inside Account of Life in the First Year at Harvard Law School

5.2 Austin Sarat and William L.F. Felstiner, Law and Strategy in the Divorce Lawyer's Office

5.3 Abraham S. Blumberg, The Practice of Law as a Confidence Game

5.4 F. Lee Bailey, The Defense Never Rests

5.5 Sandra Day O'Connor, Professionalism,

Part III Judicial Power

Chapter 6 Access to Judicial Power

Formal Barriers to Entry in the American Legal System

Informal Barriers to Entry

Accessing the Legal System: Who Uses the Courts?

Selected References

Readings:

6.1 The Washington Administration's Request for an Advisory Opinion and the Justice's Response

6.2 Roe v. Wade (1973) Versus DeFunis v. Odegaard (1974)

6.3 Baker v. Carr (1962)

6.4 Marc Galanter, Why the "Haves" Come Out Ahead: Speculations on the Limits of Social Change

6.5 Clement E. Vose, Litigation as a Form of PRessure Group Activity

6.6 Gregory A. Caldeira and John R. Wright, Organized Interests and Agenda Setting in the U.S. Supreme Court

Chapter 7 Instruments of Judicial Power

Writs of Certiorari

Decisions, Opinions, and Orders

The Injunction

The Contempt Power

The Writ of Habeas Corpus

Selected References

Readings:

7.1 Texas v. Hopwood (1996)

7.2 Madsen v. Women's Health Center, Inc. (1994)

7.3 Wyatt v. Stickney (1971) and Wyatt v. Stickney (1972)

7.4 Illinois v. Allen (1970)

Chapter 8 Limitations on Judicial Power

Internal Checks

Institutional Checks

Checks Imposed by the American System of Separated Institutions

Checks From the States

Checks From the People

Selected References

Readings:

8.1 Wbster v. Reproductive Health Services (1989)

8.2 Lee Epstein and Jack Knight, The Choices Justices Make

8.3 Jeffrey A. Segal, Donald R. Songer, and Charles M. Cameron, Decision Making on the U.S. Courts of Appeals

8.4 Andrew Jackson's Veto of the Bank Bill

8.5 Abraham Lincoln's First Inaugural Address, March 4, 1861

8.6 Franklin D. Roosevelt, Reorganizing the Federal Judiciary

*8.7 George W. Bush's Statement on Same-Sex Marriages (2004)

*8.8 Ex parte McCardle (1869)

8.9 James H. Kuklinksi and John E. Stanga, Political Participation and Government Responsiveness: The Behavior of California Superior Courts

8.10 James L. Gibson, Gregory A. Caldeira, and Vanessa Baird, On the Legitimacy of National High Courts

Part IV Judicial Decision Making

Chapter 9 Fact Finding in the Courts

The Adversarial Process

Juries

Selected References

Readings:

9.1 Marvin E. Frankel, The Adversary Judge: The Experience of the Trial Judge

9.2 Hans Zeisel and Harry Kalven, Jr., The American Experiment

9.3 Geoffrey Norman, Juror Furor

9.4 Darrow, How to Pick a Jury

9.5 Amitai Etzioni, Science: Threatening the Jury Trial

9.6 Michael Saks, The Limits of Scientific Jury Selection

9.7 Paul Butler, Black Jurors: Right to Acquit?

9.8 Tracey Gilstrap Weiss, The Great Democratizing Principle: The Effect on South Africa of Planning a Democracy Wihtout a Jury System

9.9 McCleskey v. Kemp (1987)

9.10 David C. Baldus, The Death Penalty Dialogue Between Law and Social Science

9.11 John C. Jeffries, Jr., Lewis F. Powell, Jr.

Chapter 10 Precedents and Legal Reasoning

Reasoning by Example

Ration Decidendi Versus Dicta

Treatment of Precedent

Precedents and Decision Making

Selected References

Readings:

10.1 Edward H. Levi, An Introduction to Legal Reasoning

10.2 Lief H. Carter, Reason in Law

10.3 MacPherson v. Buick Motor Co. (1916)

10.4 Briefs Filed in U.S. Term Limits v. Thornton (1995)

10.5 Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

10.6 Jeffrey A. Segal and Harold J. Spaeth, The Influence of Stare Decisis on the Votes of United States Supreme Court Justices, versus Jack Knight and Lee Epstein, The Norm of State Decisis

10.7 Lewis F. Powell, Jr., Stare Decisis and Judicial Restraint

10.8 Ronald Kahn, Institutional Norms and Supreme Court Decision Making: The Rehnquist Court on Privacy and Religion

Chapter 11 Statutory Interpretation

Plain Meaning and the Problem of Ambiguity

Dealing with Ambiguity: Theories of Statutory Interpretation

Practical Matters in Statutory Interpretation

Statutory Law and Judicial Law Making

Selected References

Readings:

11.1 Felix Frankfurter, Some Reflections on the Reading of Statutes

11.2 Smith v. Unites States (1993)

11.3 United Steelworkers v. Weber (1979)

11.4 Richard A. Posner, The Federal Courts

11.5 Henry M. Hart, Jr., and Albert M. Sachs, The Legal Process

11.6 Conroy v. Aniskoff (1993)

11.7 Frank Easterbrook, Statutes' Domains

11.8 William N. Eskridge, Jr., Dynamic Statutory Interpretation

Chapter 12 Constitutional Interpretation

Constitutional Texts, Constitutions, and Constitutionalism

What Is to be Interpreted

Who Shall Interpret?

How Should Judges Interpret the Constitution? Interpretive Style in the United States

Modes of Interpretation

Constitutional Interpretation as a Form of Statecraft

Selected References

Readings:

12.1 United States v. Nixon (1974)

12.2 Anotnin Scalia, Orginalism: The Lesser Eye

12.3 Robert H. Bork, The Tempting of America

12.4 Thurgood Marshall, Relfections on the Bicentennial of the United States Constitution

12.5 The State v. Makwanyane (1995)

12.6 United States v. Leon (1984)

12.7 Laurence H. Tribe v. Frank H. Easterbrook, Economic Reasoning and Constitutional Interpretation

12.8 William Rehnquist, The Notion of a Living Constitution

12.9 Ronald Dworkin, Taking Rights Seriously

Chapter 13 The Processes of Judicial Decision Making

Trial Courts

Intermediate Appellate Courts

State Supreme Courts

The U.S. Supreme Court

Selected References

Readings:

13.1 Charles Nesson and Associates, Critical Issues in the Courtroom: Exploring a Hypothetical Case

13.2 James Eisentstein and Herbert Jacob, Felony Justice

13.3 Frank B. Cross and Emerson H. Tiller, Judicial Partisanship and Obediance to Legal Doctrine: Whistleblowing on the Federal Courts of Appeals

13.4 Melinda Gann Hall, Constituent Influence in State Supreme Courts

13.5 H.W. Perry, Deciding to Decide

13.6 David J. Danelski, The Influece of the Chief Justice in the Decisional Process

13.7 Paul J. Wahlbeck, James F. spriggs, and Forrest Maltzman, Marshalling the Court: Bargaining and Accomodation on the United States Supreme Court

Chapter 14 The Impact of Judicial Decisions

Compliance and Impact

Anticipated Consequences

Actual Consequences

Explaining and Assessing Effects

Selected References

Readings:

14.1 Bradley C. Canon and Charles A. Johnson, Judicial Policies: Implementation and Impact

14.2 Elliot E. Slotnick and Jennifer A. Segal, Television News and the Supreme Court: All the News That's Fit to Air?

14.3 baker v. Carr (1962)

14.4 Louis Fisher, Legislative Vetoes, Phoneix Style

14.5 Gerald N. Rosenberg, The Hollow Hope: Can Courts Generate Social Change?

14.6 Michael McCann, Reform Litigation on Trial: Review of The Hollow Hope

14.7 Valeria J. Hoekstra, Public Reaction to Supreme Court Decisions
* marks a new addition to this edition