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The Supreme Court in the American Legal System - Jeffrey Allan Segal

The Supreme Court in the American Legal System

Hardcover

Published: 1st August 2005
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This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.

"The Supreme Court in the American Legal System is a distinct contribution from the existing texts -- unlike its competitors, it has a perspective and uses data to back it up. Unabashedly political in orientation, while rich in detail and facts, SCALS provides all the makings for lively class discussions. It stands as an important work for students in politics, legal studies, and those interested in the development and history of the court system." Lee Epstein, Washington University in St. Louis "The Supreme Court and the American Legal System is an outstanding text -- comprehensive, well-written, and student-friendly. The authors are to be commended for writing such an accessible judicial process and politics book. This book can be read with profit by not only students, but also laypersons, and scholars alike." Sheldon Goldman, University of Massachusetts "The Supreme Court in the American Legal System offers fresh insight into American courts and the judicial process. Segal, Spaeth, and Benesh provide extensive coverage of all the standard topics covered in judicial process classes but do so in a distinctively engaging manner. The depth and breadth of the authorsa knowledge, as well as their keen wit, is amply evidence throughout the text, making for informative and genuinely pleasurable reading. What makes this book so unique (and very appealing) is the careful attention given to introducing readers to, not only what we know about law and courts, but also how we know it. The authors make the social science research regarding the various aspects of the judicial process eminently accessible. This book will surely become a standard. " Wendy L. Martinek, State University of New York at Binghamton "From the rules that govern civil and criminal trials to the impact of Supreme Court decisions, Segal, Spaeth and Benesh thoroughly explain the American legal system. The authors expertly combine empirical data with historical analysis and legal information to provide a comprehensive look at how courts operate and the ways in which the judiciary influences public policy. The result is an exceptionally useful and well-crafted volume." Thomas Walker, Emory University Writing for a sophisticated audience and drawing on the latest political science literature, the authors occasionally have an irreverent approach to the topic. A nice addition to collections on the Supreme Court, law, and judicial politics...Highly recommended. CHOICE, D. Schultz, Hamline University "This book is a far-ranging examination of the American legal system... It relies heavily on the multifaceted and voluminous research of the three authors and includes new findings. The book combines an historical and analytical perspective that will be a welcome addition for those who teach judicial process, for those outside the academy who want a systematic analysis of the Court, and for prelaw students who want to understand civil procedure. The discussion of the relationships between state and federal courts and jurisdiction is especially strong. The book is engaging and very well written... No one is spared their strong opinions or rapier wit." Perspectives on Politics "At its core (it) is a forceful argument targeted at academic specialists and backed by sophisticated empirical analysis...the book is a rousing success...One could hardly as for a more engaging, provocative, and challenging book on judicial behavior for a general audience." David Klein, University of Virginia, Law and Politics Book Review

List of Illustrationsp. viii
List of Tablesp. x
Prefacep. xiii
Introduction
Judicial Policy Makingp. 3
Policy Makingp. 4
The Mythology of Judgingp. 16
Summary and Conclusionsp. 17
Approaches to Judicial Decision Makingp. 19
Modelsp. 20
The Legal Approachp. 22
Extralegal or Policy-Based Approachesp. 34
Summary and Conclusionsp. 39
The Supreme Court in American Legal Historyp. 41
Before the Constitutionp. 41
The New Constitutionp. 43
The Marshall Courtp. 44
The Civil War Erap. 47
Economic Regulationp. 51
Changes in the State Courtsp. 53
The New Dealp. 54
Supreme Court Supervision of State Courtsp. 55
First Amendment Freedomsp. 57
Criminal Procedurep. 59
Equal Protectionp. 60
The Right to Privacyp. 62
The Supreme Court and the Distribution of Powerp. 64
Summary and Conclusionsp. 70
Judicial Process
Civil Procedurep. 75
The Adversary Systemp. 76
Jurisdictionp. 80
Pleadingsp. 85
Discoveryp. 88
Trial Procedurep. 89
Multiparty and Multiclaim Litigationp. 94
Summary and Conclusionsp. 96
Evidencep. 97
The Genesis of Evidence Lawp. 97
Relevancep. 98
Hearsayp. 103
Circumstantial Evidencep. 105
Constitutional Provisions Impacting the Production of Evidencep. 106
Privilegesp. 108
Expert Testimonyp. 112
Eyewitness Testimonyp. 115
Summary and Conclusionsp. 117
Criminal Procedurep. 119
Crimep. 121
Prearrest Investigationsp. 124
From Arrest to Trialp. 128
Trialp. 133
Appealsp. 140
Conclusionsp. 141
Lower Courts in the American Legal System
State Courtsp. 147
The State Courtsp. 148
The Selection of State Court Judgesp. 149
Accessing State Courtsp. 160
Caseloadp. 171
State Court Decision Makingp. 172
Summary and Conclusionsp. 185
The U.S. District Courtsp. 187
Originsp. 190
Growthp. 190
Appointment Processp. 191
Jurisdictionp. 194
Caseloadp. 196
Proceduresp. 199
Decision Makingp. 200
Conclusionp. 211
The U.S. Courts of Appealsp. 213
The U.S. Courts of Appealsp. 215
Originsp. 216
Growthp. 217
Appointment Processp. 218
Jurisdictionp. 220
Caseloadp. 221
Proceduresp. 226
Decision Makingp. 230
Conclusionp. 241
The Supreme Court
Staffing the Courtp. 245
Presidential Selectionp. 248
Senate Confirmationp. 252
Summary and Conclusionsp. 273
Getting into Courtp. 275
Case Selectionp. 275
The Supreme Court's Caseloadp. 281
Which Cases for Decision?p. 285
Future Changes?p. 296
Summary and Conclusionsp. 297
Supreme Court Decision Makingp. 299
Processp. 301
The (Final) Vote on the Merits: Legal Approachesp. 305
The Decision on the Merits: Extralegal Approachesp. 318
Conclusionsp. 329
Opinions and Assignmentsp. 332
Voting and Opinion Optionsp. 332
Opinion Assignmentp. 337
Opinion Assignments and Opinion Coalitionsp. 348
The Politics of Coalition Formationp. 349
Who Influences Whom?p. 354
Summary and Conclusionsp. 358
Impact
The Impact of Judicial Decisionsp. 363
The Impact of Courts in Americap. 364
A Framework for Understanding Impactp. 365
Compliancep. 370
Impactp. 380
The Courts and Public Opinionp. 388
Summary and Conclusionsp. 389
Case Indexp. 393
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521780384
ISBN-10: 0521780381
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 424
Published: 1st August 2005
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 2.4
Weight (kg): 0.77