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Inside the Judicial Process: A Contemporary Reader in Law, Politics, and the Courts 1st Edition

Jennifer Segal Diascro, Gregg Ivers

  • Published
  • 528 Pages


This unique collection of articles, case law excerpts, speeches, and primary source materials exposes students to the role of the judiciary and demonstrates how it works within American democracy. Major topics of judicial politics are covered across eleven chapters through selections that pique the imagination and interest of students. Traditional readings provide a foundation for each chapter and more contemporary ones reflect how participants and non-academic observers think about critical issues in judicial politics. Additional writings show how political scientists think about and study the field.

Jennifer Segal Diascro, American University

Gregg Ivers, American University

Gregg Ivers is associate professor and chair of the Department of Government in the School of Public Affairs at American University, where he teaches constitutional law, civil rights and liberties, landmark law cases and numerous other courses that meet at the intersection of law, politics, and society. He received his Ph.D. from Emory University. He is author of To Build a Wall: American Jews and the Separation of Church and State (1995, University Press of Virginia) and numerous articles in professional journals and edited volumes. Professor Ivers has received the Excellence in Teaching Award from the School of Public Affairs.
  • Engaging, accessible selections, from sources such as contemporary court cases, diary entries, oral arguments, and articles written by judges, encourage students to read assignments thoroughly.
  • Selections that represent the perspective of actors who work within the judicial process or engage it as participants, provide students an inside look at the field.
  • The chapters and structure of the text complement most primary judicial politics and process texts.
Note: Each chapter begins with an Introduction and concludes with For Further Reading.
1. The Political Constitution
Foundations and History
1.1 Federalist No. 78 (1788), Alexander Hamilton
1.2 From The Common Law (1881), Oliver Wendell Holmes Jr.
1.3 From The Partial Constitution (1993), Cass Sunstein
Contemporary Judicial Politics
1.4 Judicial Independence Through the Lens of Bush v. Gore: Four Lessons from Political Science (2002), Howard Gillman
1.5 Bush v. Gore (2000)
A View from the Inside
1.6 The Notion of a Living Constitution (1976), William H. Rehnquist
1.7 Reflections on the Bicentennial of the United States Constitution (1987), Thurgood Marshall
1.8 Lawrence v. Texas (2003)
A Comparative Perspective
1.9 Judicial Independence in Comparative Perspective (2001), Peter H. Russell
2. Judicial Decision-Making
Foundations and History
2.1 From The Nature of the Judicial Process (1921), Benjamin Cardozo
2.2 Ideologies and Attitudes, Academic, and Judicial (1958), Glendon Shubert
Contemporary Judicial Politics
2.3 What''s Law Got to Do with It? Judicial Behavioralists Test the "Legal Model" of Judicial Decision-Making (2001), Howard Gillman
2.4 On the Nature of Supreme Court Decision-Making (1992), Tracey E. George and Lee Epstein
2.5 Leaving Things Undecided (1999), Cass Sunstein
A View from the Inside
2.6 Zelman v. Simmons-Harris (2002)
2.7 The Freedom of Speech (1993), John Paul Stevens
A Comparative Perspective
2.8 Constitutional Interpretation and Original Intent: A Form of Ancestor Worship? (1999), Michael Kirby
3. Politics of Judicial Structure and Organization
Foundations and History
3.1 Federalist No. 82 (1788), Alexander Hamilton
3.2 Martin v. Hunter''s Lessee (1816)
Contemporary Judicial Politics
3.3 Supreme Court Monitoring of State Courts in the Twenty-First Century (2002), Michael E. Solimine
3.4 Memorandum Opinion (2002), United States Foreign Intelligence Surveillance Court
3.5 On Motions for Review of Orders of the United States Foreign Intelligence Surveillance Court (2002), United States Foreign Intelligence Surveillance Court of
A View from the Inside
3.6 Ninth Circuit Court of Appeals Reorganization Act of 2002 (2002), House Subcommittee on Courts, the Internet, and Intellectual Property
3.7 Statements Concerning Ninth Circuit Court of Appeals Reorganization Act of 2003 (2003), Lisa Murkowski
A Comparative Perspective
3.8 The European Preliminary Reference and U.S. Supreme Court Review of State Court Judgments: A Study in Comparative Judicial Federalism (1996),
Jeffrey C. Cohen
4. Politics of Judicial Selection
Foundations and History
4.1 Federalist No. 66 and Federalist No. 76 (1788), Alexander Hamilton
4.2 Advice and Consent: A Historical Argument for Substantive Senatorial Involvement in Judicial Nominations (2001), Matthew D. Marcotte
Contemporary Judicial Politics
4.3 Unpicking Pickering in 2002: Some Thoughts on the Politics of Lower Federal Court Selection and Confirmation (2003), Sheldon Goldman
4.4 Republican Party of Minnesota v. White (2002)
A View from the Inside
4.5 Justice for Sale (1999), Interview with Justices Stephen Breyer and Anthony Kennedy
4.6 The Stealth Candidate (1994), Jane Mayer and Jill Abramson
4.7 Statements by Sentators Orrin Hatch and Patrick Leahy, Judicial Confirmation Hearings (1999--2003)
A Comparative Perspective
4.8 Thoughts on Goldilocks and Judicial Independence (2003), Frank B. Cross
5. Lawyers and Legal Representation
Foundations and History
5.1 The Temper of the Legal Profession in the United States, and How It Serves as a Counterpoise to Democracy (1835), Alexis de Toqueville
5.2 Gideon v. Cochran, Petition for Writ of Certiorari to the Supreme Court of the State of Florida (1962)
5.3 Gideon v. Wainwright (1963)
Contemporary Judicial Politics
5.4 The Profession and the Public Interest (2000), Deborah L. Rhode
5.5 From The Supreme Court Bar: Legal Elites in the Washington Community (1993), Kevin T. McGuire
A View from the Inside
5.6 Interview with Acting Solicitor General of the United States Walter Dellinger (1997)
5.7 Karen Swenson: Putting in the Hours (2000), Paul B. Boynton
5.8 A Day in the Life of a Yolo County Deputy DA (2001), Dave Rosenberg
A Comparative Perspective
5.9 The Role of Clinical Legal Education in Developing the Rule of Law in Russia (2002), John M. Burman
6. Litigation as Political Advocacy
Foundations and History
6.1 Private Attorneys--General: Group Action in the Fight for Civil Liberties (1949), Yale Law Journal
6.2 Litigation as a Form of Pressure Group Activity (1958), Clement E. Vose
6.3 Amicus Curiae Participation in U.S. Supreme Court Litigation: An Appraisal of Hakman''s "Folklore" (1982), Karen O''Connor and Lee Epstein
Contemporary Judicial Politics
6.4 The Influence of Amicus Curiae Briefs on the Supreme Court (2000), Joseph D. Kearney and Thomas W. Merrill
A View from the Inside
6.5 Grutter v. Bollinger (2003)
6.6 Brief of the Cato Institute as Amicus Curiae, Grutter v. Bollinger (2003)
A Comparative Perspective
6.7 So Help Me God: A Comparative Study of Religious Interest Group Litigation (2002), Jayanth K. Krishnan and Kevin R. den Dulk
6.8 Brief of the Government of Canada as Amicus Curiae, Michigan v. United States Environmental Protection Agency (1999)
7. The Politics of Criminal Justice
Foundations and History
7.1 From Of Crimes and Punishments (1764), Cesare Beccaria
7.2 Trial by Jury in the United States Considered as a Political Institution (1835), Alexis de Tocqueville
Contemporary Judicial Politics
7.3 Miller-El v. Cockrell (2003)
7.4 Under Suspicion: The Fugitive Science of Criminal Justice (2001), Atul Gawande
A View from the Inside
7.5 The Federal Sentencing Guidelines and the Key Compromises Upon Which They Rest (1988), Stephen Breyer
7.6 United States v. Booker (2005)
A Comparative Perspective
7.7 Reviving the Criminal Jury in Japan (1999), Lester W. Kiss
8. Politics and Civil Justice
Foundations and History
8.1 Why the "Haves" Come Out Ahead: Speculations on the Limits of Legal Change (1974), Marc Galanter
8.2 From Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization (1994), Michael W. McCann
Contemporary Judicial Politics
8.3 Fistful of Fees: The Hired Gun or Lawyer Is Due What He''s Been Promised, But No More (2000), Richard Zitrin and Carol M. Langford
A View from the Inside
8.4 Cipollone v. Liggett Group, Inc. (1992)
8.5 Greed on Trial (2004), Alex Beam
A Comparative Perspective
8.6 Class Action Lawsuits (2004), Ian Bell
9. The Politics of Appellate Courts
Foundations and History
9.1 The Evarts Act: Establishment of the U.S. Circuit Courts of Appeals (1891)
9.2 On the Road: The Supreme Court and the History of Circuit Riding (2003), Joshua Glick
Contemporary Judicial Politics
9.3 Newdow v. U.S. Congress et al. (2002)
9.4 Do the "Haves" Come Out Ahead Over Time? Applying Galanter''s Framework to Decisions of the U.S. Courts of Appeals (1999), Donald R. Songer,
Reginald S. Sheehan, and Susan B. Haire
9.5 Judging by Where You Sit (2003), David A. Schkade and Cass R. Sunstein
A View from the Inside
9.6 Speaking in a Judicial Voice (1992), Ruth Bader Ginsburg
9.7 The Work of Appellate Judges (2001), Dennis J. Sweeney
9.8 First Arguments at the Supreme Court of the United States: A Rarefied Kind of Dread (2003), David. I. Bruck
9.9 First Arguments at the Supreme Court of the United States: Twice Grilled (2003), J. Thomas Sullivan
A Comparative Perspective
9.10 Judicial Decisionmaking and the Use of Panels in the Canadian Supreme Court and the South African Appellate Division (2003), Lori Hausegger and
Stacia Haynie
10. Courts and Public Opinion
Foundations and History
10.1 The Court and American Life (2003), David M. O''Brien
10.2 The Supreme Court and Critical Elections (1975), Richard Funston
Contemporary Judicial Politics
10.3 The Presidency and the Supreme Court After Bush v. Gore: Implications for Institutional Legitimacy and Effectiveness (2002), Jeffrey L. Yates and
Andrew B. Whitford
10.4 Television News and the Supreme Court: Opportunities and Constraints (1998), Elliot E. Slotnick and Jennifer A. Segal
A View from the Inside
10.5 Sheppard v. Maxwell (1966)
10.6 Atkins v. Virginia (2002)
A Comparative Perspective
10.7 Defenders of Democracy? Legitimacy, Popular Acceptance, and the South African Constitutional Court (2003), James. L. Gibson and Gregory A. Caldeira
11. Judicial Impact
Foundations and History
11.1 The Law of the Land: Myth and Reality (1971), Kenneth M. Dolbeare and Phillip E. Hammond
11.2 Supreme Court Impact on Compliance and Outcomes: Miranda and New York Times in the United States Courts of Appeals (1990), Donald R. Songer and
Reginald S. Sheehan
Contemporary Judicial Politics
11.3 Responses to Judicial Policies (1998), Bradley C. Canon and Charles A. Johnson
11.4 The Dynamic and the Constrained Court (1991), Gerald Rosenberg
A View from the Inside
11.5 Benched: The Pros and Cons of Having Judges Make the Law (2000), Peter H. Schuck
11.6 Goodridge v. Department of Public Health (2003)
A Comparative Perspective
11.7 From The Rights Revolution: Lawyers, Activists and Supreme Courts in Comparative Perspective (1998), Charles R. Epp