American Judicial Process: Myth and Reality in Law and Courts

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays―and often distorts―the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.

Ward, Artemus

Corley, Pamela C.

Martinek, Wendy L.

Business

Routledge

The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U.S. Supreme Court database, internal court documents, and the justices' private papers, The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus. Pamela Corley, Amy Steigerwalt, and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple, concurrently-operating forces that cannot be fully accounted for by ideological attitudes. In this thorough investigation, the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences.

The Puzzle of Unanimity: Consensus on the United States Supreme Court

Steigerwalt, Amy

Rules & Procedures

Stanford Law Books

When Dissents Matter: Judicial Dialogue through US Supreme Court Opinions (Constitutionalism and Democracy)

Legal History

University of Virginia Press

<div> The ability of US Supreme Court justices to dissent from the majority, to formally register and explain their belief that a case has been wrongly decided, represents a time-honored tradition of perhaps the most august American institution. Yet the impact of these dissents, which allow justices to engage in a dialogue over law and policy, has seldom, if ever, been the focus of dedicated study. Analyzing the influence of past dissents on later Supreme Court majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why. Drawing on the private papers of the justices and original data, this book demonstrates that court majorities engage with dissents posing a particular threat to their opinions, and that they can be persuaded by thoughtful and careful dissenting arguments. </div>

Analysis of concurring opinion writing by Supreme Court justices.

Concurring Opinion Writing on the U.S. Supreme Court (SUNY Series in American Constitutionalism)

History

Americas

State University of New York Press

Analysis of concurrent opinion writing by Supreme Court justices.When justices write or join a concurring opinion, they demonstrate their preferences over substantive legal rules. Concurrences provide a way for justices to express their views about the law, to engage in a dialogue of law with each other, the legal community, the public, and Congress. This important study is the first systematic examination of the content of Supreme Court concurrences. While previous work on Supreme Court decision making focuses solely on the outcome of cases, Pamela C. Corley tackles the content of Supreme Court concurring opinions to show the reasoning behind each justice’s decision. Using both qualitative and quantitative methods of analysis, Concurring Opinion Writing on the U.S. Supreme Court offers a rich and detailed portrait of judicial decision making by studying the process of opinion writing and the formation of legal doctrine through the unique lens of concurrences.Pamela C. Corley is Assistant Professor of Political Science at Vanderbilt University.

Concurring Opinion Writing on the U.S. Supreme Court (American Constitutionalism)

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