May It Please the Court - Judicial Processes and Politics in America, Second Edition

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 researchNew illustrative cases, documents, and web referencesAll 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 ContentCourts 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 Biographical NoteVermont Law School, Windsor, USA