The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, "Contemporary Controversies over Courts" and "In Comparative Perspective," the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the "hardball politics" of judicial selection, plea bargaining trends, the right to counsel and "pay as you go" justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

This is the first in-depth empirical and historical study of the use of law clerks by American judges. Although possessing a hundred-year heritage, the institution has been ignored as an important component of the process of judicial decision-making. Law clerks are, in the authors' words, "subordinate, anonymous, but often quite powerful lawyers who function as the non-commissioned officers in the army of the judiciary." American courts are currently altering the traditional use of law clerks through the introduction of important innovations that enhance the ability of judges to dispose of cases rapidly but detract from personal judicial control over individual decisions. The authors investigate the clash of tradition and innovation through interviews with sixty-three judges of federal courts and appellate courts in California. They find distinctly different models of law clerk usage in the state and federal systems, which they analyze on the basis of the judges' own perceptions of the qualitative and quantitive impact on their decision of variations in the character, tenure, and duties of staff assistants. They offer suggestions on how modern courts can cope with the "crisis of volume" without unduly sacrificing traditional standards of judicial autonomy. Because of the confidential nature of judicial deliberations, judges are rarely willing to discuss publicly their use of law clerks. This study employs unconventional techniques for penetrating the secrecy of judicial chambers while respecting the confidentiality and the individuality of its sources. It presents important new information on the internal operating procedures of the courts studies, collating interview data with facts abstracted from pre-existing but often obscure sources, and providing a particularly close look at the inner workings of the Supreme Court of California and the United States Court of Appeals for the Ninth Circuit. Revealing the significance of public funding of judicial staff in determining patterns of law clerk usage, it should promote further investigation and debate regarding the proper structure and role of staff assistance in the judicial process. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1980.

"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.

In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

The landscape of court technology has changed rapidly. As digital tools help facilitate the business and administrative process, multiple entry points for data breaches have also significantly increased in the judicial branch at all levels. Cybersecurity & the Courthouse: Safeguarding the Judicial Process explores the issues surrounding cybersecurity for the court and court systems. This unique resource provides the insight to: Increase your awareness of the issues around cybersecurity Properly defend client and case information Understand the steps needed to mitigate and control the risk of and fallout from a data breach Identify possible pathways to address strengths and weaknesses in individual proceedings as they are presented to the courts Learn how to address the risk of a significant data breach Key Highlights Include: Comprehensive guidance to legal professionals on the growing concerns of cybersecurity within the courts Vital information needed to mitigate and control the risk of and the fallout of a data breach Addresses the issues of data security, and the necessary steps to protect the integrity of the judicial process Provides a roadmap and the steps necessary to protect data in legal cases before the court

This comprehensive work explores judicial process, tracing legal reasoning's evolution to analyze judicial activism's complexities. Each chapter delves into core juridical concepts, grounded in real-world applications. Examining judges' roles in judicial review and conceptions of justice, it offers invaluable insights into law and governance's ever-changing landscape. An essential resource for law students, providing a deep understanding of legal theory and practice while illuminating the judicial process' complexities and driving creative forces.

In this legal classic, a former Associate Supreme Court Justice explains the conscious and unconscious processes by which a judge decides a case and the ways rulings are guided and shaped.

Known for shedding light on the link between the courts, public policy, and the political environment, Judicial Process in America offers students a clear but comprehensive overview of today’s American judiciary. Considering the courts from every level, the authors thoroughly cover judges, lawyers, litigants, and the variables at play in judicial decision-making. The highly anticipated Eleventh Edition offers updated coverage of recent Supreme Court rulings, including same-sex marriage and health care subsidies; the effect of three women justices on the Court′s patterns of decision; and the policy-making role of state tribunals as they consider an increasing number of state programs and policies. New to this Edition Discussions of recent judicial appointments take a critical look at how President Trump’s victory has set the stage for moving the ideological direction of the Supreme Court and of the lower federal judiciary in a distinctly more conservative direction. An analysis of recent controversial Supreme Court decisions help students to identify with the content by exploring issues such as, citizenship rights for immigrants, gay and lesbian rights, and freedom of speech and religion. Additional tables and graphs illustrate the patterns and trends that are occurring in today’s judicial process. New coverage of current topics help students see how the judicial process is applied. These topics include: the legality of Congress’ feeble attempts to "repeal and replace" the Affordable Care Act that affects millions of people; how to address the issues of immigration and deportations, including what to do about so-called Dreamers (children brought illegally to the United States by their parents without the children’s knowledge and who have spent much or all of their lives here); the status of abortion rights in America as more and more conservative states have sought to further restrict a woman’s right to such a procedure; the legal status of transgender persons in the armed forces; the degree to which severely gerrymandered legislative districts pass constitutional muster; and the great changes in the issue of same-sex marriage, both among average Americans and within the state and federal court systems (including all the ancillary issues such as whether same-sex couples can adopt children and obtain government fringe benefits).

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