Abstract
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?
Published Version
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