Courts, Judges, and Politics - Brossura

Part I "The Nature" of Judging

Chapter 1 Political Jurisprudence

Civil and Common Law Systems

Conceptualization of Law: School of Jurisprudence

*The Institutionalization of Declaratory Theory

*Emerging Challenges: Sociological Jurisprudence and Legal Realism

*Contemporary Scholarship: The Debate Continues

What Is to Come

Readings:

1.1 Sir William Blackstone, Commentaries on the Laws of England

1.2 Alexander Hamilton, The Fedaralist, No. 78

1.3 Alexis de Tocqueville, Judicial Power in the United States

1.4 Oliver Wendell Holmes, Jr., The Path of the Law

1.5 Banjamin N. Cardozo, The Nature of the Judicial Process

*1.6 Mary E. Becker, Obscuirng the Struggle: Sex Dsicrimination, Social Security, and Stone, Seidman, Sunstein, and Tushnet's Constituional Law

Chapter 2 Courts in Constitutional Democracies

The Origins of Courts

The Roles of Courts

The Expansion of Judicial Power?

Selected References

Readings:

2.1 Lynn Mather, The Fired Football Coach (Or, How Trial Courts Make Policy)

2.2 Marbury v. Madison (1803)

2.3 Eakin v. Raub (1825)

2.4 Robert A. Dahl, Decision Making in a Democracy: The Supreme Court as a National Policy Maker

2.5 D. Casper, The Supreme Court and National Policy Making

Part II The American Legal System

Chapter 3 Judicial Organization

Establishing the U.S. Legal System

Today's System of Federal Courts

State Courts

A New Judicial Federalism

Selected References

Readings:

3.1 Judiciary CAct of 1789, section 25

*3.2 Jonathan Matthew Lohen, Inside Appellate Courts

3.3 C.K. Rowland and Robert Carp, Politics and Judgement of the Federal District Courts

3.4 Charles E. Wyzanski, Jr., The Importance of the Trial Judge

3.5 J. Woodford Howard, Jr., Litigation Flow in Three United Stated Courts of Appeals

3.6 Victor Williams, Solutions to Federal Judicial Gridlock, and John O. Newman, 1,000 Judges--The Limit for an Effective Federal Judiciary

3.7 Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedmna, and Stanton Wheeler, The Evolution of State Supreme Courts

3.8 William J. Brennan, Guardians of our Liberties--State Courts No Less Than Federal

*3.9 Goodrich v. Department of Public Health

Chapter 4 Judicial Selection and Retention

Selection of Federal Judges

Judicial Selection in the States

Disciplining Judges

Selected References

Readings:

4.1 Sheldon Goldman, Ellieot Slotnick, Gerard Gryski, Gary Zuk, and Sara Schiavoni, The Composition of the Federal Judiciary

4.2 Sheldon Goldman, Picking Federal Judges

*4.3 Neil Lewis, Partisanship and the Appointment of Federal Judges (With a Postscript on the George W. Bush Administration)

4.4 Jason M. Roberts, Parties, Presidents, and Procedures

4.5 Gregory A. Caldeira and John R. Wright, Lobbying for Justice

*4.6 Jeffrey A. Segal, Richard J. Timpone, Robert M. Howard, Buyer Beware? Presidential Success Through Supreme Court Appointments

4.7 Thomas G. Walker and Deborah J. Barrow, The Diversification of the Federal Bench: Policy and Process Ramifications

4.8 Thurgood Marshall, Comments on the Missouri Plan

4.9 John T. Wold and John H. Culver, The Defeat of the California Justices

Chapter 5 The Bar

Becoming An Attorney

The Lawyer's Work

Challenges Confronting the Legal Profession

Selected References

Readings:

5.1 Scott Turow, One L: An Inside Account of Life in the First Year at Harvard Law School

5.2 Austin Sarat and William L.F. Felstiner, Law and Strategy in the Divorce Lawyer's Office

5.3 Abraham S. Blumberg, The Practice of Law as a Confidence Game

5.4 F. Lee Bailey, The Defense Never Rests

5.5 Sandra Day O'Connor, Professionalism,

Part III Judicial Power

Chapter 6 Access to Judicial Power

Formal Barriers to Entry in the American Legal System

Informal Barriers to Entry

Accessing the Legal System: Who Uses the Courts?

Selected References

Readings:

6.1 The Washington Administration's Request for an Advisory Opinion and the Justice's Response

6.2 Roe v. Wade (1973) Versus DeFunis v. Odegaard (1974)

6.3 Baker v. Carr (1962)

6.4 Marc Galanter, Why the "Haves" Come Out Ahead: Speculations on the Limits of Social Change

6.5 Clement E. Vose, Litigation as a Form of PRessure Group Activity

6.6 Gregory A. Caldeira and John R. Wright, Organized Interests and Agenda Setting in the U.S. Supreme Court

Chapter 7 Instruments of Judicial Power

Writs of Certiorari

Decisions, Opinions, and Orders

The Injunction

The Contempt Power

The Writ of Habeas Corpus

Selected References

Readings:

7.1 Texas v. Hopwood (1996)

7.2 Madsen v. Women's Health Center, Inc. (1994)

7.3 Wyatt v. Stickney (1971) and Wyatt v. Stickney (1972)

7.4 Illinois v. Allen (1970)

Chapter 8 Limitations on Judicial Power

Internal Checks

Institutional Checks

Checks Imposed by the American System of Separated Institutions

Checks From the States

Checks From the People

Selected References

Readings:

8.1 Wbster v. Reproductive Health Services (1989)

8.2 Lee Epstein and Jack Knight, The Choices Justices Make

8.3 Jeffrey A. Segal, Donald R. Songer, and Charles M. Cameron, Decision Making on the U.S. Courts of Appeals

8.4 Andrew Jackson's Veto of the Bank Bill

8.5 Abraham Lincoln's First Inaugural Address, March 4, 1861

8.6 Franklin D. Roosevelt, Reorganizing the Federal Judiciary

*8.7 George W. Bush's Statement on Same-Sex Marriages (2004)

*8.8 Ex parte McCardle (1869)

8.9 James H. Kuklinksi and John E. Stanga, Political Participation and Government Responsiveness: The Behavior of California Superior Courts

8.10 James L. Gibson, Gregory A. Caldeira, and Vanessa Baird, On the Legitimacy of National High Courts