The Judicial Process

Law, Courts, and Judicial Politics
Christopher P. Banks - Kent State University, USA
David M. O'Brien - University of Virginia, USA
The Judicial Process
February 2015 | 400 pages | CQ Press
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Description

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

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?

Additional materials

Description

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

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?

Additional materials

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The Judicial Process

Law, Courts, and Judicial Politics

Christopher P. Banks , David M. O'Brien
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February 2015 | 400 pages | CQ Press

Format Published Date ISBN Price

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.


Table Of 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?

Recent Product Reviews:

This is the text that previous professor utilized and it met my needs.
Professor Arthur Melton, Sociology Dept, Alice Lloyd College
“This book is simultaneously deep and comprehensive. It covers every topic that is appropriate for a judicial process course. Although courts are legal institutions, and students must learn basic elements of the law, courts are largely political in nature. Professors Banks and O’Brien do an outstanding job explaining both the legal and political elements of the judicial process.”
Steven Tauber, University of South Florida
“In addition to the standard topics, Banks and O’Brien also cover jurisprudence, which is a very welcome addition in a judicial process text.”
John Gruhl, University of Nebraska
“A very clear and well developed organization to the book that addresses major components of the study of the courts; one of the real strengths is the comparative approach to garner a better understanding of how the American judicial system compares to other judicial systems.”
Michael J. Bitzer, Catawba College

Recommendations