Smith introduces a new concept, critical judicial nominations, to advance scholars' understanding of the consequences of the federal nomination process for the Supreme Court and the American political system. The study suggests that specific events related to the judicial branch, namely critical judicial nominations, have significant unanticipated consequences for the Supreme Court's role in the political system, as well as for electoral politics. This is demonstrated in illustrative historical examples which, most importantly, include an in-depth case study of the Clarence Thomas...
Smith introduces a new concept, critical judicial nominations, to advance scholars' understanding of the consequences of the federal nomination pro...
This book analyzes why the Rehnquist Court never fulfilled expectations for the reversal of liberal judicial decisions from the Warren and Burger Courts. At its conservative high point in 1991-1992 the Supreme Court was dominated by seven justices who had dependably conservative voting records over the course of their early careers. Five of these justices were appointed in the 1980s and early 1990s by Reagan and Bush, presidents who made concerted efforts to appoint judicial officers who would undo liberal precedents. This is the first book to focus on scholars' growing recognition that...
This book analyzes why the Rehnquist Court never fulfilled expectations for the reversal of liberal judicial decisions from the Warren and Burger C...
This book examines the federal judiciary in light of political science research on the role of interests and interest groups in the making of public policy. The author finds that efforts of federal judges to shape court administration are guided, in part, by self-interest which consequently affects the development and results of judicial policies. He argues that we must recognize judges as self-interested political actors whose motivation and behavior patterns are comparable to other political and administrative actors. By examining the actions of federal judges on a series of illustrative...
This book examines the federal judiciary in light of political science research on the role of interests and interest groups in the making of publi...
When Antonin Scalia was appointed to the Supreme Court in 1986, conservatives hoped he would become the intellectual leader of President Reagan's judicial counter-revolution. In this first book-length analysis of Scalia's jurisprudence, David A. Schultz and Christopher E. Smith argue that Scalia's impact has been neither what conservatives hoped nor what liberals feared. The authors examine Scalia's political and judicial philosophy and they outline the areas of the law that Scalia has most profoundly affected, particularly constitutional protections for property rights. Citing Scalia's use...
When Antonin Scalia was appointed to the Supreme Court in 1986, conservatives hoped he would become the intellectual leader of President Reagan's judi...
Law changes as new developments affect society. The dawn of a new century provides a marking point for the evaluation of trends in law and policy. This book examines emerging issues that will shape society s rules and legal processes in the twenty-first century. By identifying developments affecting technology, demography, and politics, the authors evaluate impacts on law and criminal justice. Many of the issues discussed, including the expanding Latino population, new technologies for investigations, weapons, and executions, health crises in prisons, DNA testing, and the -war on terrorism-,...
Law changes as new developments affect society. The dawn of a new century provides a marking point for the evaluation of trends in law and policy. Thi...
Written for social scientists who study the judiciary, legal scholars, judges, and others who are interested in the workings of the federal courts, this volume offers a comprehensive examination of the role of U.S. magistrates--the relatively invisible subordinate judicial officers within the federal district courts. The study is unique in its use of an observation methodology: the author was able to study U.S. magistrates during all of their daily activities and observe their interactions with other actors in the federal judiciary. Particularly valuable are its insights into such...
Written for social scientists who study the judiciary, legal scholars, judges, and others who are interested in the workings of the federal courts,...
Christopher E. Smith Christina DeJong Michael McCall
This book examines the criminal justice decisions of the Rehnquist Court era through analyses of individual justices' contributions to the development of law and policy. The Rehnquist Court era (1986-2005) produced a period of opportunity for the U.S. Supreme Court's judicial conservatives to reshape constitutional law concerning rights in the criminal justice process. It was an era in which the Court produced many hotly-debated decisions concerning such issues as capital punishment, search and seizure, police interrogations, and prisoners' rights. The Court's most conservative justice,...
This book examines the criminal justice decisions of the Rehnquist Court era through analyses of individual justices' contributions to the development...
This book examines how Justice John Paul Stevens served as an important defender of rights in criminal justice during his thirty-five year Supreme Court career. It examines his life experiences and judicial opinions to show how the Court's most prolific opinion author defended rights throughout an era of an increasingly conservative Court.
This book examines how Justice John Paul Stevens served as an important defender of rights in criminal justice during his thirty-five year Supreme Cou...