An authoritative and accessible one-stop resource for understanding the U.S. judicial system and its place in the fabric of American government and society. The American judicial system plays a central role in setting and enforcing the legal rules under which the people of the United States live. U.S. courts and laws, though, are complex and often criticized for bias and other alleged shortcomings. The U.S. Supreme Court has emerged as a particular focal point of political partisanship and controversy, both in terms of the legal decisions it hands down and the makeup of its membership. This book presents the origins, development, and current characteristics of the American judicial system; discusses problems and controversies orbiting around the U.S. justice system today; and features a wide-ranging collection of essays that examine and illuminate various aspects of the judicial system. Readers will have access to profiles of influential organizations and people, and the relevant data and documents about U.S. courts.

Autorentext
Michael C. LeMay is Professor Emeritus of Political Science at California State University-San Bernardino, USA.

Inhalt

Preface

1. Background and History
Introduction: An Overview of the Judicial System
Pre-Constitution Judicial System

• Colonial Era: 1600 to Late 1700s
• The Articles of Confederation Period
  The Federal Court System Established by the U.S. Constitution
• District Courts
• Special Courts
  Appellate Jurisdiction Courts of Special Subject Matter
  State and Local Judicial Systems
  Court Systems in Each State
  Bibliography

2. Problems, Controversies, and Solutions
Introduction
Problem 1: The Bewildering Complexity of the American Judicial System
Problem 2: Judicial Ethics
Problem 3: Screening of Federal Judicial Nominees
Problem 4: Forced Arbitration Agreements
Problem 5: Gender Bias in the Judicial System
Problem 6: Increasing Partisanship of the U.S. Courts and Judicial Systems
Problem 7: Inequity in the Judicial System-Racial and Ethnic
Problem 8: Lack of Minority Judges on the Bench
Problem 9: Oversight Relationships
Problem 10: Public Defender Issues
Problem 11: Juries in the Judicial System
Problem 12: Structural Problems
Problem 13: Unqualified Judges
Bibliography

3. Perspectives
Introduction
Remote Control: How Appellate Court Online Hearings Can Help Offset Judiciary Budget Cuts, Taraleigh Davis
"Let 'em Play, Ref": The Superabundance of Law in the United States, Troy W. Hinrichs
The Supreme Court, the Incorporation Doctrine, and the States, Timothy R. Johnson and Rachel Houston
There Are Reversals and Then There Are REVERSALS, Scott Merriman
The Judicial System from a Clerk's Perspective, Dennis McKinney
Congressional Oversight of the Federal Judiciary, Mark C. Miller
Courts and Administrative Agencies: A Central Feature of Modern Policymaking, Joseph Postell
Transgender Rights and the American Judicial System, Chuck Stewart

4. Profiles
Introduction

Organizations

• Alliance for Justice (AFJ)
• American Association for Justice (AAJ)
• American Bar Association (ABA)
• American Civil Liberties Union (ACLU)
• American Constitution Society (ACS)
• American Heritage Society
• American Judicature Society (AJS)
• Brennan Center for Justice
• Bureau of Justice Statistics (BJS)
• Cato Institute Center for Constitutional Studies (CICCS)
• Center for American Progress (CAP)
• Center for Individual Rights (CIR)
• Center for Justice and Democracy (CJD)
• Center for the Study of Law and Religion (CSLR)
• Economic Policy Institute (EPI)
• Federalist Society for Law and Public Policy Studies
• Federal Judicial Center (FJC)
• Institute for Justice (IJ)
• Law and Economic Center (LEC)
• Legal Information Institute (LII)
• National Constitution Center
• Olin Foundation
• Pew Research Center
• Southern Poverty Law Center (SPLC)
• The Sentencing Project
• U.S. Department of Justice (DOJ)
• U.S. Senate Judiciary Committee
• U.S. Supreme Court (SCOTUS)
• Vera Institute of Justice (VIJ)

People

• Samuel Chase (1741-1811)
• William O. Douglas (1898-1980)
• William M. Evarts (1818-1901)
• Clarence Earl Gideon (1910-1972)
• Ruth Bader Ginsburg (1933-2020)
• Charles Evans Hughes (1862-1948)
• Edward "Ted" Kennedy (1932-2009)
• Patrick Leahy (1940-)
• John Marshall (1755-1835
• Thurgood Marshall (1908-1993)
• Ralph Nader (1934-)
• Barack Obama (1961-)
• Sandra Day O'Connor (1930-)
• William Rehnquist (1924-2005)
• John Roberts (1959-)
• Antonin Scalia (1936-2016)
• William Howard Taft (1857-1930)
• Roger Taney (1777-1864)
• Donald Trump (1946-)
• Earl Warren (1891-1974)
  Bibliography

5. Data and Documents
Introduction

Data

• Figure 5.1 Map of the Geographic Boundaries for U.S. District Courts and Circuit Courts of Appeals
• Figure 5.2 New York State Judicial System Flowchart
• Figure 5.3 Louisiana Courts Structure
• Figure 5.4 Line Graph of the Combined State and Federal Imprisonment Rates per 100,000 Residents, by Race and Ethnicity, 2008-2018
• Figure 5.5 Lifetime Likelihood of Imprisonment for Persons Born in 2001; White, Black, Latinx; Men and Women
• Table 5.1. Year States Were Admitted to the Union, by Year Admitted
• Table 5.2. Number of States Using Assorted Methods of Judicial Selection
• Table 5.3. Federal Judges Impeached, 1804-2010
• Table 5.4. Federal Judicial Nominees by Rate Not Qualified by ABA, 1989 to 2019
• Table 5.5. Chief Justices of the U.S. Supreme Court
• Table 5.6. Methods of Judicial Selection in State Court Systems

Documents

• Document 5.1: Article III, the Constitution of the United States
• Document 5.2: Excerpts from the Judiciary Act of 1789
• Document 5.3: Excerpts from Dred Scott v. Sandford (1857)
• Document 5.4: Judiciary Act of 1869
• Document 5.5: Excerpts from Miller v. Texas (1894)
• Document 5.6: The Nonpartisan Court Plan (Missouri Plan)
• Document 5.7: Excerpts from the Legal Services Corporation Act of 1974
• Document 5.8: Excerpts from United States v. Verdugo-Urquidez (1990)
• Document 5.9: Excerpts from Arizona Christian School Tuition Organization v. Winn et al. (2011)
• Document 5.10: Description of the Judicial Conduct and Disability Act of 1980, Amended March 12, 2019

6. Resources
Introduction
Print Resources

• Books
• Leading Scholarly Journals
  Nonprint Sources
• Websites
• Films

7. Chronology

Glossary
Index