The Judicial System: A Reference Handbook

Description

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. Like other books in the Contemporary World Issues series, this volume comprises seven chapters. Chapter 1 presents the origins, development, and current characteristics of the American judicial system. Chapter 2 discusses problems and controversies orbiting around the U.S. justice system today. Chapter 3 features a wide-ranging collection of essays that examine and illuminate various aspects of the judicial system. Chapter 4 profiles influential organizations and people related to the justice system, and Chapter 5 offers relevant data and documents about U.S. courts. Chapter 6 is composed of an annotated list of important resources, while Chapter 7 offers a useful chronology of events. Cover Title Page Copyright Contents 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 “Let ’em Play, Ref”: The Superabundance of Law in the United States The Supreme Court, the Incorporation Doctrine, and the States There Are Reversals and Then There Are REVERSALS The Judicial System from a Clerk’s Perspective Congressional Oversight of the Federal Judiciary Courts and Administrative Agencies: A Central Feature of Modern Policymaking Transgender Rights and the American Judicial System 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