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Judicial Process in America
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Judicial Process in America

Eleventh Edition

Courses:
Judicial Process

February 2019 | 592 pages | CQ Press

Known for shedding light on the link between the courts, public policy, and the political environment, Judicial Process in America offers students a clear but comprehensive overview of today’s American judiciary. Considering the courts from every level, the authors thoroughly cover judges, lawyers, litigants, and the variables at play in judicial decision-making. The highly anticipated Eleventh Edition offers updated coverage of recent Supreme Court rulings, including 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 as they consider an increasing number of state programs and policies.

New to this Edition

  • Discussions of recent judicial appointments take a critical look at how President Trump’s victory has set the stage for moving the ideological direction of the Supreme Court and of the lower federal judiciary in a distinctly more conservative direction.  
  • An analysis of recent controversial Supreme Court decisions help students to identify with the content by exploring issues such as, citizenship rights for immigrants, gay and lesbian rights, and freedom of speech and religion.
  • Additional tables and graphs illustrate the patterns and trends that are occurring in today’s judicial process.
  • New coverage of current topics help students see how the judicial process is applied. These topics include:
    • the legality of Congress’ feeble attempts to “repeal and replace” the Affordable Care Act that affects millions of people; 
    • how to address the issues of immigration and deportations, including what to do about so-called Dreamers (children brought illegally to the United States by their parents without the children’s knowledge and who have spent much or all of their lives here); 
    • the status of abortion rights in America as more and more conservative states have sought to further restrict a woman’s right to such a procedure; 
    • the legal status of transgender persons in the armed forces; 
    • the degree to which severely gerrymandered legislative districts pass constitutional muster; and
    • the great changes in the issue of same-sex marriage, both among average Americans and within the state and federal court systems (including all the ancillary issues such as whether same-sex couples can adopt children and obtain government fringe benefits).
 

 
Preface
 
Acknowledgments
 
Publisher’s Acknowledgments
 
Chapter 1. Foundations of Law in the United States
Definition of Law  
Sources of Law in the United States  
Types of Law  
Functions of Law  
The United States and the Rule of Law  
A Litigious Society  
 
Chapter 2. The Federal Judicial System
The Historical Context  
The U.S. Supreme Court  
The U.S. Courts of Appeals  
U.S. District Courts  
Constitutional Courts, Legislative Courts, and Courts of Specialized Jurisdiction  
Administrative and Staff Support in the Federal Judiciary  
Federal Court Workload  
 
Chapter 3. State Judicial Systems
Historical Development of State Courts  
State Court Organization  
Norm Enforcement in the State Courts  
The Courtroom Work Group  
Administrative Hearings in the States  
Policymaking in the State Courts  
Innovation in State Courts  
Administrative and Staff Support in the State Judiciary  
State Court Workload  
 
Chapter 4. Jurisdiction and Policymaking Boundaries
Federal Courts  
Jurisdiction of State Courts  
Jurisdiction and Legislative Politics  
Judicial Self-Restraint  
 
Chapter 5. State Judges
Qualifications and Backgrounds of State Judges  
The Selection Process for State Judges  
The Retirement and Removal of State Judges  
Judicial Independence and State Courts  
 
Chapter 6. Federal Judges
Background Characteristics of Federal Judges  
Formal and Informal Qualifications of Federal Judges  
The Federal Selection Process and Its Participants  
The Judicial Socialization Process  
The Retirement and Removal of Judges  
 
Chapter 7. Policy Links among the Citizenry, the President, and the Federal Judiciary
The President and the Composition of the Judiciary  
Presidents’ Values and Their Appointees’ Decisions  
 
Chapter 8. Lawyers, Litigants, and Interest Groups in the Judicial Process
Lawyers and the Legal Profession  
Litigants  
Interest Groups in the Judicial Process  
 
Chapter 9. Crime and Procedures prior to a Criminal Trial
The Nature and Substance of Crime  
Categories of Crime  
Elements of a Crime  
Procedures prior to a Criminal Trial  
 
Chapter 10. The Criminal Trial and Its Aftermath
Procedures during a Criminal Trial  
Procedures after a Criminal Trial  
 
Chapter 11. The Civil Court Process
The Nature and Substance of Civil Law  
The Courts and Other Institutions Concerned with Civil Law  
The Civil Trial Process  
 
Chapter 12. Decision Making by Trial Court Judges
The Legal Subculture  
The Democratic Subculture  
The Subcultures as Predictors  
 
Chapter 13. Decision Making in Collegial Courts
Cue Theory  
Small-Group Analysis  
Attitude Theory  
Rational Choice Theory  
Practical Applications of These Four Approaches  
 
Chapter 14. Implementation and Impact of Judicial Policies
The Impact of Higher Court Decisions on Lower Courts  
Congressional Influences on the Implementation Process  
Executive Branch Influences on the Implementation Process  
Other Implementers  
The Impact of Judicial Policies  
 
Chapter 15. Policymaking by American Judges: A Synthesis
The Nature of the Case or Issue  
The Values and Orientations of the Judges  
The Nature of the Judicial Decision-Making Process  
The Impact of Extraneous Influences  
 
Appendix: Annotated Constitution
 
Glossary
 
Case Index
 
Subject Index
 
About the Authors

“Carp, et al provide a fairly comprehensive introduction to the study of the judicial branch and politics, with both a theoretical and evidence based approach which students can relate to. The material covers the majority of what I cover in my course and needs the supplementation of perhaps one additional text.”

Maryam Stevenson
Troy University
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Key features

NEW TO THIS EDITION: 

  • Discussions of recent judicial appointments take a critical look at how President Trump’s victory has set the stage for moving the ideological direction of the Supreme Court and of the lower federal judiciary in a distinctly more conservative direction.  
  • An analysis of recent controversial Supreme Court decisions help students to identify with the content by exploring issues such as, citizenship rights for immigrants, gay and lesbian rights, and freedom of speech and religion.
  • Additional tables and graphs illustrate the patterns and trends that are occurring in today’s judicial process.
  • New coverage of current topics help students see how the judicial process is applied. These topics include:
    • the legality of Congress’ feeble attempts to “repeal and replace” the Affordable Care Act that affects millions of people;
    • how to address the issues of immigration and deportations, including what to do about so-called Dreamers (children brought illegally to the United States by their parents without the children’s knowledge and who have spent much or all of their lives here);
    • the status of abortion rights in America as more and more conservative states have sought to further restrict a woman’s right to such a procedure;
    • the legal status of transgender persons in the armed forces;
    • the degree to which severely gerrymandered legislative districts pass constitutional muster; and
    • the great changes in the issue of same-sex marriage, both among average Americans and within the state and federal court systems (including all the ancillary issues such as whether same-sex couples can adopt children and obtain government fringe benefits).  

 KEY FEATURES:

  • The Annotated Constitution in the book’s appendix features the authors’ explanatory comments for each of the document’s articles and sections, offering context and references to landmark cases.
  • Chapter summaries help focus students’ study and review.
  • Further Thought and Discussion Questions promote critical thinking and reflection on key chapter points.
  • Annotated Suggested Resources list books, journal articles, and websites, offering students guidance for further research.

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