American judicial power : the state court perspective / Michael L. Buenger, Of-Counsel, National Center for State Courts, USA and Research Scholar, Brussels School of International Studies, Belgium; Paul J. De Muniz, Distinguished Jurist in Residence, Willamette University College of Law and former Chief Justice, Oregon Supreme Court, USA.
2015
KF8736 .B84 2015 (Map It)
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Title
American judicial power : the state court perspective / Michael L. Buenger, Of-Counsel, National Center for State Courts, USA and Research Scholar, Brussels School of International Studies, Belgium; Paul J. De Muniz, Distinguished Jurist in Residence, Willamette University College of Law and former Chief Justice, Oregon Supreme Court, USA.
Published
Cheltenham, UK : Edward Elgar Publishing, [2015]
Call Number
KF8736 .B84 2015
ISBN
9781783477890
178347789X
9781783477906
178347789X
9781783477906
Description
xxviii, 302 pages : illustrations ; 24 cm.
System Control No.
(OCoLC)933563888
Summary
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America's courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation's justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America's state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
Bibliography, etc. Note
Includes bibliographical references (pages 263-281) and index.
Record Appears in
Added Author
Table of Contents
About the authors
vii
Foreword / Sanford V. Levinson
ix
Acknowledgements
xiii
Table of cases
xiv
Introduction
1
1.
Context
9
1.1.
State courts -- a comparative perspective
9
1.2.
Enumerated versus plenary power and state court authority
19
2.
Key concepts
32
2.1.
Judicial power -- can it be defined?
32
2.2.
Judicial independence -- structural and decisional considerations?
33
2.3.
Jurisdiction
40
2.4.
Judicial power versus judicial impact
42
3.
role of state courts: an historical perspective
45
3.1.
historical overview
45
3.2.
establishment era
48
3.3.
progressive era
68
3.4.
modernization era
73
4.
Modern state judicial selection in theory and practice
96
4.1.
adoption of state judicial elections
96
4.2.
Current models of state judicial selection
97
4.3.
Methods and models for disciplining and removing state judges
124
5.
Modern state judicial structures
137
5.1.
Legislative dependency or constitutional insulation -- structural and jurisdictional considerations
137
5.2.
Unique duties assigned to state courts
146
5.3.
Administration of the courts
160
5.4.
State courts and their inherent powers
174
6.
State constitutions, legislative policymaking and state judicial power
180
6.1.
Enforcement of state constitutional rights
184
6.2.
Limitations on substantive lawmaking
208
6.3.
Limitations on state legislative processes
224
7.
State courts and emerging policy areas
237
7.1.
Crime and punishment
237
7.2.
State courts in the twenty-first century -- re-examining models and methods
247
8.
Conclusion
260
Bibliography
263
Appendix
282
Index
297