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From local trial courts to the United States Supreme Court, judges' decisions affect the fates of individual litigants and the fate of the nation as a whole. Scholars have long discussed and debated explanations of judicial behavior. This book examines the major issues in the debates over how best to understand judicial behavior and assesses what we actually know about how judges decide cases. It concludes that we are far from understanding why judges choose the positions they take in court. Lawrence Baum considers three issues in examining judicial behavior. First, the author considers the balance between the judges' interest in the outcome of particular cases and their interest in other go...
Long regarded as a powerful means to seek individual damages against a corporate defendant, class actions have become a staple of the U.S. litigation system. In recent years, however, several highly significant Supreme Court decisions have weakened the commonality claims of defendants, particularly in workplace discrimination actions. In light of this background, the trends and prospects of employment class actions were the theme of the 56th annual proceedings of the prestigious New York University Conference on Labor, held in May 2003. This important volume reprints the papers presented at that conference, as well as some additional contributions. Among the considerable expertise brought to...
How to best generate theoretical growth in the contemporary study of deviance and crime has been the source of much debate. This book represents a diverse range of viewpoints concerned about theoretical integration and its benefits. The chapters encompass both discussion of the requisites for integrating theories and examinations of methodological strategies to test these theories. By providing a source for those grappling with the issue of theoretical integration, the book is sure to stimulate further theoretical development in the sociology of deviance and in criminology.
The eighth edition offers an updated and streamlined examination of the American system of law, courts, and justice. Part I (Law) reviews the history of courts and justice, common law and civil law systems, as well as law schools and legal education. Part II (Courts) discusses lawyers and the practice of law; unravels the structure and administration of federal and state court systems; delineates the appellate process, the Supreme Court, and judicial review; and describes the roles of judges, prosecutors, and criminal defense attorneys. Part III (Justice) demystifies the criminal justice process, negotiated justice, civil justice, juvenile justice, and alternative forms of justice. Throughout the book, landmark cases, important historical events, illustrative examples, and boxed items highlight or expand chapter content. Each of the twelve chapters concludes with an extensive summary, a list of key terms, and review questions. There is also a glossary that provides a summary of important terms.
A History of Civil Litigation: Political and Economic Perspectives, by Frank J. Vandall, studies the expansion of civil liability from 1466 to 1980, and the cessation of that growth in 1980. It evaluates the creation of tort causes of action during the period of 1400-1980. Re-evaluation and limitation of those developments from 1980, to the present, are specifically considered. The unique focus of the book is first, to argue that civil justice no longer rests on historic foundations, such as, precedent, fairness and impartiality, but has shifted to power and influence. Reform in the law (legislative, judicial, and regulatory) is today driven by financial interests, not precedent, not a neutr...
Who is responsible for juvenile delinquency? Mark D. Jacobs uses ethnographic, statistical, and literary methods to uncover the many levels of disorganization in American juvenile justice. By analyzing the continuities betwen normal casework and exceptional cases, he reveals that probation officers must commonly contrive informal measures to circumvent a system which routinely obstructs the delivery of services to their clients. Jacobs defines the concept of the "no-fault society" to describe the larger context of societal disorder and interpersonal manipulation that the juvenile justice system at once reflects and exacerbates.
Presents the field accurately and completely in a way that is understandable to undergraduates. Includes a rich collection of carefully edited classic and contemporary articles. Contains framing essays written by the Editors.
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This book is the report of a collaborative effort. Frank Porporino and I arrived at the starting point for our work together by very different routes. Originally trained as an experimental psychologist, I had become in creasingly restive within the confines of the laboratory, and spent a sab batical year in the equivalent of a clinical internship. I then spent some time as a part-time consultant in a local penitentiary. Most of my time in the institution was spent with inmates with a variety of problems, probably about 50 individuals over the course of a year. Although this was far fewer than a full-time psychologist in the system might encounter, it served as a quick cram course on problem prisoners and prisoner problems. Very quickly my stereotypes about convicts were shown to be virtually useless. I learned that the criminal classes included all levels of society, and that the behavior of prisoners was the same as that of other human beings in a difficult environment.