Are appointment politics and court decisions linked? Do presidents use judicial appointments to shape their policy agendas? C. K. Rowland and Robert Carp provide definitive answers to these questions and, in the process, provide a new paradigm for the study of federal jurisprudence. As the authors remind us, since the Judiciary Act of 1789, federal trial judges have been politically appointed, a process frequently the object of partisan scorn. Marshall's famous Marbury v. Madison case was triggered by the highly politicized appointment of William Marbury. FDR tried to protect his New Deal programs by choosing judges sympathetic to his political philosophy. Nixon and Carter were accused of nominating judges on the basis of ideological "litmus tests." And Reagan attracted relentless criticism to his own district-court appointments. From Woodrow Wilson to George Bush, Rowland and Carp examine the voting patterns of these presidentially appointed trial judges. Working from attorney interviews and more than 45,000 court rulings from 1933 to 1988-the largest and most current database available-they document the undeniable link between politics and jurisprudence in the federal lower courts. Rejecting the outmoded and reductionist attitudinal (or behavioral) model for a new one based on cognitive psychology, the authors argue that federal trial judges' decisions do not automatically reflect the policies and ideologies of that judge's presidential appointer. They show, instead, that ideology influences but does not predetermine or control judicial decision-making. They demonstrate further that, while the attitudinal model can help us understand judicial behavior at the appellate and Supreme Court level, it's simply incompatible with fact-finding, the primary duty of trial judges. In an era of expanding power and influence for federal trial judges, declining faith in our legal system, and increasingly divisive partisan politics the federal judiciary and its appointed judges will remain the focus of intense public scrutiny. This book shows us just how such analysis should be conducted.

Politics and Judgment in Federal District Courts

Carp, Robert A.

Rowland, C. K.

Criminal Law

University Press of Kansas

Judging and Judicial Policymaking --
The Influence of Political Party Affiliation on Judicial Voting Patterns --
The Impact of the Appointing President on Judicial Voting Patterns --
Geographic Factors and Judicial Voting Patterns --
The Level of Urbanization and Judicial Voting Patterns --
Preliminary Steps toward a Synthesis --
Concluding Thoughts on Judicial Policymaking Research.

Policymaking Politics In Federal: District Courts

Rules & Procedures

Univ Tennessee Press

The federal courts

Administrative Law

CQ Press

A thorough revision of a tried and true classic, the seventh edition of Judicial Process in America offers a comprehensive study of the American judicial system that integrates new scholarship and original research. Including analysis of the courts at all levels, the authors cover judges, lawyers, and litigants, as well as the powerful variables that influence judicial decision making, effectively linking the courts to public policy. In response to feedback from adopters, the authors have increased their coverage of state courts and further explore the impact of race, gender, and socio-economic factors on the judiciary. Discussion of the ideological impact of George W. Bush's judicial appointments, including two new Supreme Court justices, and inclusion of recent cases on end-of-life issues, property rights, and gay and lesbian rights bring the book fully up to date.

Judicial Process in America

Stidham, Ronald

Cq Pr

Updating the research on federal courts published in their book Judicial process in America (CQ Press, 1989), the authors look at the conditions that prompt judges to engage in policy making, and consider the nature of the cases being presented, the values and politics of the judges, and the judicial decision-making process itself. Annotation copyright Book News, Inc. Portland, Or.

Federal Courts

Teen & Young Adult

For law and courts courses focused on the federal level, this popular spin-off volume from Judicial Process in America, is the perfect supplement. The authors explain the organizational structure of the federal courts, outline the jurisdiction of the three levels of U.S. courts, and pay particular attention to the link between the courts, public policy, and the political environment.

The Federal Courts

Politics & Social Sciences

Sociology

Judicial Process in America, Twelfth Edition, by Robert Carp, Kenneth Manning, and Lisa Holmes is a market-leading and comprehensive textbook for both academic and general audiences. The book explains the link between the courts, public policy, and the political environment. Considering the courts from every level, the authors cover judges, lawyers, litigants, and the variables at play in the judicial decision-making process, the impact of those decisions on American citizens, and what the consequences are for the United States today.

Manning, Kenneth L.

Holmes, Lisa M.

Judicial Process in America, 8th edition + CQEL Online Access

Stidham, Ronald C.

Foreign & International Law

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