May It Please the Court: Judicial Processes and Politics in America, Second Edition
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Features
- Captures the essence of the legal and political issues that are fundamental to understanding our judicial system
- Explores both criminal and civil cases
- Contains a unique chapter on the legal profession that examines its history and culture, the challenges it faces, and the nature of modern legal training and practice
- Provides discussion questions at the end of each chapter and reprints of appellate court opinions
- Includes web references and replicas of actual court documents
Summary
Despite their clarity and sophistication, most judicial process texts currently available have two significant limitations. First, they understate the effects of legal factors such as stare decisis on judicial decision-making and second, they fail to convey the human emotions involved in litigation. Reflecting the author’s experience as a political scientist, law student, judicial clerk, practicing attorney, and law professor, May It Please the Court: Judicial Processes and Politics in America, Second Edition redresses this imbalance by giving well-deserved attention to legal influences on judicial decisions and to the human drama of litigation.
Each chapter reflects the book’s premise that the judicial process operates at the intersection of law and politics, and this theme guides the discussions. The coverage in the book is far-reaching, exploring numerous topics, including the structure of federal and state courts, the selection and removal of judges, and the legal profession’s history and culture. It discusses two hypothetical cases, outlining their trial and appellate proceedings. It also presents an engaging debate about the legitimacy and the utility of judicial policy making.
New to this edition:
- Expanded appendices, including a discussion of computerized legal research
- New illustrative cases, documents, and web references
- All chapters updated to reflect changes since the first publication in 2001
The final chapter summarizes the theme of the book, noting that courts not only enforce norms and resolve disputes, but also, as a coequal branch of government, shape the fundamental power relationships that drive American politics. The chapter ends by observing that the judicial process offers a window on the entire American political system. This book clarifies the view from that window.
Table of Contents
Courts and Judges in the Political Process
Law and Politics: Myth and Reality
The Political Context of Judging
Reconciling Law and Politics
Conclusion: Law, Politics, and Judicial Decisions
Epilogue: The Law and Politics of Flag Burning
American Courts—Structures and Procedures
Federalism and the Judiciary
State Court Systems
The Federal Court System
Federal Court Administration
Relations between State and Federal Courts
Conclusion
Epilogue: The Roots of Judicial Federalism
Lawyers and Lawyering
Introduction
A Brief History of the Legal Profession
The Legal Profession Today
Conclusion
Epilogue: Client Solicitation and Free Speech
Judicial Selection and Removal
Law, Politics, and Judicial Nominations
Judicial Selection in the States
Discipline and Removal of State Judges
Selection of Federal Judges
Discipline and Removal of Federal Judges
Conclusion
Epilogue: Free Speech and Judicial Elections
Norm Enforcement—The Criminal Justice Process
Introduction
State v. Johnson: Facts
State v. Johnson: Participants
State v. Johnson: Process
Conclusion
Epilogue: Dr. Sheppard’s Trial
Dispute Resolution—The Civil Justice Process
Introduction
Peterson v. Big Pine Mountain Ski Corporation: Facts
Participants
Process
Conclusion
Epilogue: Punishing Deceit
Policy Making—The Appellate Process
Introduction
State v. Johnson On Appeal
Peterson On Appeal
Conclusion
Epilogue: Open Fields and a "Tumbledown" House
Legal and Political Influences on Judicial Decision Making
Introduction
Legal Influences
Political Influences
Reconciling Legal and Political Perspectives
Conclusion
Epilogue: The Law and Politics of Abortion
The Limits of Judicial Policy Making
Introduction
The Debate about Judicial Policy Making
An Assessment of Judicial Policy Making
Conclusion
Epilogue: A School System Flunks Out
Summary and Conclusion
Summary
Conclusion
Appendix A: Researching the Law
Appendix B: Documents of Litigation
Index
