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图书目录：Preface
Chapter 1 Courts, Politics, and the Judicial Process The Image of Law and Justice Judicial Functions Law as Politics The Power of American Judges Courts and the Political System Conclusion Notes Chapter 2 Court Organization The "Dual Court System" The Hierarchy of State Courts The Politics of Court Reform The Organization of the Federal Courts Historical Background The Contemporary Federal Courts Court Administration Issues Facing Courts Bureaucratization The Caseload "Crisis" Judicial Malapportionment Conclusion Notes Chapter 3 The Legal Profession The Role of Lawyers in American Society Historical Development of the American Legal Profession The Development of Professional Stratification The Contemporary Legal Profession The Working Lives of Lawyers Within the stratified Profession Legal Education and Entry into the Profession The Distribution of Legal Services Redressing the Inequitable Distribution of Legal Services Pro Bono Cases Legal Services Agencies Legal Services and Social Reform Litigation Conclusion Notes Chapter 4 Criminal Justice Processes Criminal Law and Politics The Politics of Law Enforcement The Criminal Justice System Characteristics of the Criminal Justice System The Federal Criminal Justice System Stages in the Criminal Justice Process Police Relationships with Political Institutions Arrests Bail Prosecution Defense Attorneys Indigent Defense Systems Attorney-Client Relationships and Plea Bargaining Trials Juries Sentencing Courts and Corrections Conclusion Notes Chapter 5 Civil Justice Processes Civil Cases Types of Cases From Disputes to Litigation: Initiating the Civil Judicial Process The Role of Lawyers The Dispute Pyramid Civil Litigation in American Society The Processes of Civil Litigation Discovery and Strategic Interactions The Nature of Civil Litigation Alternative Dispute Resolution (ADR) External Alternatives Small Claims Courts Court-Annexed Alternatives Criticisms of Alternative Dispute "Resolution Trials Jury Trials Conclusion Notes Chapter 6 Judicial Selection Underlying Issues and Problems The Accountability and Independence of Judges The Qualifications of Judicial Candidates Demographic Representation Judicial Selection in the State Courts And Overview of Selection Procedures Partisan Elections Nonpartisan Elections Gubernatorial and Legislative Appointments Merit Selection The Results of Judicial Selection Systems Judicial Selection in the Lower Federal Courts The Selection of Nominees Judicial Selection in the Carter Era Judicial Selection in the Reagan Era Judicial Selection in the Bush Era Judicial Selection in the Clinton Era Federal Judicial Selection and the Possibility of Reform Alternative Judicial Selection Procedures United States Magistrate Judges Administrative Law Judges Lay Judges Judicial Salaries The Attractiveness of Judicial Office Implications for Judicial Behavior Conclusion Notes Chapter 7 Judicial Decision Making Legal Reasoning and Case Precedents Avoiding Precedents Limitations on Judicial Decision Making Social Science Research on Judicial Decision Making Judges' Personal Attributes Judges' Attitudes and Values Legal Factors and Facts in Cases Small Groups Processes Role Orientations An Example of Empirical Research: Justice Stephen Breyer's First Term Conclusion Notes Chapter 8 Appellate Processes The Functions of Appeals The Nature of Appeals The Decision to Appeal Coping with Rising Caseloads in Appellate Courts Additional Appellate Judges Creating Intermediate Appellate Courts Dividing Appellate Courts into Panels Adding Law Clerks and Staff Attorneys Modified Appellate Processes Appellate Decision Making Panel Assignments En Banc Hearings Opinion Assignments Conclusion Notes Chapter 9 United States Supreme Court The Supreme Court in American Political History Institutional Definition: 1790 to 1865 Commerce and Social Welfare: 1865 to 1937 Civil Rights and Liberties: 1937 to the 1990s The Selection of Justices Actors in the Process Selection, Court Composition, and Judicial Policy Making Cases Before the Supreme Court The Selection of Cases Jurisdictional Rules Empirical Research on Case Selection Deciding the Cases Oral Arguments Decision-Making Processes The Role of the Supreme Court in the American Governing System Conclusion Notes Chapter 10 Courts and Policy Making Interest Group Litigation Litigation Strategies Judicial Policy Making The Legitimacy of Judicial Policy Making Judicial Policy Making and the Concept of Democracy The Legitimacy Issue: Prisoner Litigation Limitations on Judicial Policy Making Judges' Role Conceptions and Self-Restraint The Structure of Courts External Constraints Concerns About Compliance Implementation of Judicial Decisions Interpreters Implementers Consumers Secondary Groups The Consequences of the Implementation Process The Capacity of Judges for Effective Policy Making Arguments Favoring Judges as Effective Policy Makers Arguments Opposing Judges as Effective Policy Makers Difficulties in Assessing Judicial Capacity The Inevitability of Politics and Policy Making Judicial Policy Making and the American Public Civil Liability and Public Policy Conclusion Notes Chapter 11 Judicial Process: A Comparative Perspective Too Many Lawyers? Too Much Litigation? Achieving "Justice"? The Active Trial Judge Judicial Selection Distriuting Legal Services? Conclusion Notes Selected Bibliography Index |
