Cengage Learning Inside the Judicial Process: A Contemporary Reader in Law, Politics, and the Courts

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. Review 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 Review 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 Thou