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Specializing the Courts: Chicago Series in Law and Society

Autor Lawrence Baum
en Limba Engleză Paperback – 14 feb 2011
Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas. Specializing the Courts provides the first comprehensive analysis of this growing trend toward specialization in the federal and state court systems.

Lawrence Baum incisively explores the scope, causes, and consequences of judicial specialization in four areas that include most specialized courts: foreign policy and national security, criminal law, economic issues involving the government, and economic issues in the private sector. Baum examines the process by which court systems in the United States have become increasingly specialized and the motives that have led to the growth of specialization. He also considers the effects of judicial specialization on the work of the courts by demonstrating that under certain conditions, specialization can and does have fundamental effects on the policies that courts make. For this reason, the movement toward greater specialization constitutes a major change in the judiciary.
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Specificații

ISBN-13: 9780226039558
ISBN-10: 0226039552
Pagini: 296
Ilustrații: 11 tables
Dimensiuni: 152 x 229 x 18 mm
Greutate: 0.4 kg
Editura: University of Chicago Press
Colecția University of Chicago Press
Seria Chicago Series in Law and Society


Notă biografică

Lawrence Baum is professor of political science at Ohio State University. His most recent book Judges and Their Audiences won the 2007 Pritchett Award for best book on law and courts.

Cuprins

List of Tables
Preface
Acknowledgments

ONE / A First Look at Judicial Specialization
Questions to Address
Extent: The Landscape of Judicial Specialization
Plan of the Book
Appendix: The Scholarship on Judicial Specialization

TWO / Perspectives on Causes and Consequences
Consequences: The Impact of Judicial Specialization
Causes: The Sources of Judicial Specialization
Summing Up and Looking Ahead
Appendix: Research Strategy

THREE / Foreign Policy and Internal Security
Overseas Courts
Military Justice
The Foreign Intelligence Surveillance Courts
The Removal Court
Discussion

FOUR / Criminal Cases
Promoting Efficiency
Occasional Efforts to Attack Crime with Sanctions
Socialized Courts in the Progressive Era
Problem-solving Courts of the Current Era
Discussion

FIVE / Economic Issues: Government Litigation
Revenue
Expenditures
Regulation
Discussion

SIX / Economic Issues: Private Litigation
Patents
Corporate Governance: The Delaware Courts
Business Courts
Bankruptcy
Discussion

SEVEN / Putting the Pieces Together
The Causes of Specialization
The Consequences of Specialization
Evaluating Judicial Specialization
The Future of Judicial Specialization

References
Index