NCJ Number
66690
Date Published
1980
Length
317 pages
Annotation
THE EFFECT OF THE FEDERAL JUDICIARY UPON THE SOCIAL, POLITICAL, AND ECONOMIC DEVELOPMENT OF AMERICAN SOCIETY IS EXPLAINED THROUGH THE FUNCTIONS OF THE COURTS, AND THE STRUCTURE, DYNAMICS AND POLITICS OF THE JUDICIAL PROCESS.
Abstract
THE BOOK FIRST DEALS WITH TWO BASIC AND INTERRELATED JUDICIAL ACTIVITIES: NORM ENFORCEMENT AND POLICYMAKING. EXAMINING LEGAL QUESTIONS INVOLVING ORGANIZED BASEBALL, APPLE GROWERS, CRIME CONTROL, AND PICKETERS ON PRIVATE PROPERTY, INDIVIDUAL CHAPTERS ILLUSTRATE THESE TWO GENERAL CHARACTERISTICS OF THE FEDERAL COURTS. NEXT, DISCUSSION TURNS TO INFORMATION ABOUT THE ORGANIZATION AND JURISDICTION OF THE FEDERAL COURTS AND HOW A PERSON OR GROUP MAY GAIN ACCESS TO THESE COURTS. BY CLOSELY EXAMINING THE ACTIONS OF ORGANIZATIONS SUCH AS THE RESERVISTS COMMITTEE TO STOP THE WAR AND THE SIERRA CLUB, THE AUTHOR ILLUSTRATES THE KINDS OF CONFLICTS COURTS ATTEMPT TO RESOLVE AND THE STEPS BY WHICH ACCESS TO THE FEDERAL COURT SYSTEM IS ACHIEVED. ALSO CONSIDERED IS STAFFING OF THE FEDERAL JUDICIAL SYSTEM. CONSTITUTIONAL PROVISIONS AND APPOINTMENT POWERS DICTATING CUSTOMS ARE EXAMINED AS ARE CHARACTERISTIC ATTRIBUTES OF NOMINEES AND THE ISSUE OF JUDICIAL RETIREMENT. FINALLY, CONCLUDING CHAPTERS DISCUSS THE POLITICS OF THE FEDERAL JUDICIARY. THE DECISIONMAKING PROCESS IS FIRST ANALYZED AT THE LEVEL OF THE LOWER FEDERAL COURTS AND THEN AT THE UPPERMOST LEVEL OF THE U.S. SUPREME COURT, WITH CASE STUDIES USED TO ILLUSTRATE BOTH. IN CONCLUSION, THE IMPACT OF POLITICS, THE ART OF THE POSSIBLE, IS EVALUATED IN TERMS OF THE STRUCTURE OF THE SYSTEM AND THE ROLES AND FUNCTIONS OF FEDERAL JUDGES. ILLUSTRATIONS, TABULAR DATA, REFERENCES, AND INDEXES ARE PROVIDED. (MRK)