Doris Marie Provine's Books

Judging Credentials

Nonlawyer Judges and the Politics of Professionalism

By: Doris Marie Provine

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Judging Credentials

Nonlawyer Judges and the Politics of Professionalism

By: Doris Marie Provine

Must judges be trained as lawyers in order to be effective in office, or can nonlawyers serve equally well? This question has long provoked controversy among lawyers, judges, legislators, and the public. In her empirical study of the place of the nonlawyer judge in the American legal system, Doris Marie Provine concludes that, despite the opposition of the legal profession to nonlawyer judges, they are as competent as lawyers in carrying out judicial duties in courts of limited jurisdiction. Provine presents a persuasive argument that the case against nonlawyer judges has been weighted in favor of the professional interests of lawyers, not public concerns. Her examination reveals as much about the presuppositions of legal professionals as it does about the competency of nonlawyer judges to old judicial office. To substantiate her claims, Provine has conducted the most comprehensive survey of nonlawyer and lawyer judges yet undertaken, augmenting this material with court observations and extensive interviews of judges. She integrates the results of this survey into the historical context of the lay versus lawyer judge debate, showing how the legally trained judge came to predominate in the American judicial system and analyzing in detail the campaign both in and out of the courts to make legal training a prerequisite for being a judge. Ultimately, Provine suggests, Americans are too committed to the significance of credentials and to the legal profession's vision of the judicial process to respond very favorably to nonlawyer judges, however well they might perform. Judging Credentials will force lawyers, judges, scholars, and the public to reconsider the role nonlawyer judges play in the American judicial system. Provine's provocative views and exhaustive research adds new dimensions to our understanding of the ethics of professionalism and its consequences.

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272

Publisher

University of Chicago Press

Published Date

ISBN 10

0226684717

ISBN 13

9780226684710

Unequal under Law

Race in the War on Drugs

By: Doris Marie Provine

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Unequal under Law

Race in the War on Drugs

By: Doris Marie Provine

Race is clearly a factor in government efforts to control dangerous drugs, but the precise ways that race affects drug laws remain difficult to pinpoint. Illuminating this elusive relationship, Unequal under Law lays out how decades of both manifest and latent racism helped shape a punitive U.S. drug policy whose onerous impact on racial minorities has been willfully ignored by Congress and the courts. Doris Marie Provine’s engaging analysis traces the history of race in anti-drug efforts from the temperance movement of the early 1900s to the crack scare of the late twentieth century, showing how campaigns to criminalize drug use have always conjured images of feared minorities. Explaining how alarm over a threatening black drug trade fueled support in the 1980s for a mandatory minimum sentencing scheme of unprecedented severity, Provine contends that while our drug laws may no longer be racist by design, they remain racist in design. Moreover, their racial origins have long been ignored by every branch of government. This dangerous denial threatens our constitutional guarantee of equal protection of law and mutes a much-needed national discussion about institutionalized racism—a discussion that Unequal under Law promises to initiate.

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432

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University of Chicago Press

Published Date

ISBN 10

0226684784

ISBN 13

9780226684789

Courts, Law, and Politics in Comparative Perspective

By: Herbert Jacob,Erhard Blankenburg,Herbert M. Kritzer,Doris Marie Provine,Joseph Sanders

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Courts, Law, and Politics in Comparative Perspective

By: Herbert Jacob,Erhard Blankenburg,Herbert M. Kritzer,Doris Marie Provine,Joseph Sanders

This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

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Page Count

420

Publisher

Yale University Press

Published Date

ISBN 10

0300063792

ISBN 13

9780300063790

Unequal under Law

Race in the War on Drugs

By: Doris Marie Provine

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Unequal under Law

Race in the War on Drugs

By: Doris Marie Provine

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432

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University of Chicago Press

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ISBN 10

0226684784

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9780226684789

Policing Immigrants

Local Law Enforcement on the Front Lines

By: Doris Marie Provine,Monica W. Varsanyi,Paul G. Lewis,Scott H. Decker

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Policing Immigrants

Local Law Enforcement on the Front Lines

By: Doris Marie Provine,Monica W. Varsanyi,Paul G. Lewis,Scott H. Decker

The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.

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218

Publisher

University of Chicago Press

Published Date

ISBN 10

022636321X

ISBN 13

9780226363219

Judging Credentials

Nonlawyer Judges and the Politics of Professionalism

By: Doris Marie Provine

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Judging Credentials

Nonlawyer Judges and the Politics of Professionalism

By: Doris Marie Provine

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272

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University of Chicago Press

Published Date

ISBN 10

0226684717

ISBN 13

9780226684710

Law and the Quest for Justice

By: Marjorie Zatz, Doris Marie Provine, and James Walsh

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Law and the Quest for Justice

By: Marjorie Zatz, Doris Marie Provine, and James Walsh

An insightful collection of essays from leading voices on the challenges and promise of justice and law. This new book is accessible and interesting to a wide audience. It features internationally renowned members of the academy, national political figures, Pulitzer Prize-winning journalists, and crusading lawyers. The thought-provoking topics include: Erwin Chemerinsky on reconceptualizing federalism • John Echohawk on Native American rights • Jack Greenberg on Brown v. Board's legacy • Linda Greenhouse on how Supreme Court Justices evolve over time • Lani Guinier on reframing affirmative action • Antonia Hernández on what citizenship means after 9/11 • Anthony Lewis on broadening presidential power to fight terrorism • Janet Napolitano on security and rights after 9/11 • Charles Ogletree on achieving racial justice • Robert Reich on the economic inheritance of our children • Judith Resnik on Guantánamo, Miranda, and public rights to fairness • Geoffrey Stone on sacrificing civil liberties in wartime. The volume originates from a lecture series honoring legal legend John P. Frank, who represented Ernesto Miranda in the Supreme Court. It is edited and presented by Marjorie S. Zatz and Doris Marie Provine--both professors of Justice & Social Inquiry at Arizona State University--and Arizona attorney James P. Walsh, who was also a law partner to John Frank.

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259

Publisher

Quid Pro Books

Published Date

ISBN 10

1610271645

ISBN 13

9781610271646

Case Selection in the United States Supreme Court

By: Doris Marie Provine

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Case Selection in the United States Supreme Court

By: Doris Marie Provine

For decades the Supreme Court has received more requests for review than it can possibly grant; it now rejects more than ninety percent of the petitions which fulfill jurisdictional requirements. Consequently, the process by which the justices select cases must be recognized as one of the most important aspects of the Court's work. But because it is hidden from public view and proceeds by secret ballot, the case-selection process has never been thoroughly analyzed. This concise and accessible study provides an intimate view of the Court's case-selection process through an analysis of the docket books and other papers of Justice Harold H. Burton, who kept scrupulous records of the Court's work from 1945 to 1957. In her analysis of these invaluable records—the only records of case-selection votes made public since the advent of discretionary review in 1925—Provine provides two perspectives on the problematic issue of judicial motivation in case selection. The first perspective is an institutional one in which the Court is treated as the unit of analysis: the second is personal, in which differences among decision makers are the focus of analysis. Provine suggests that judicial role perceptions go far to explain both agreement and disagreement in case selection. She also considers the impact of the process upon litigants, since the system seems to favor petitioners with litigation expertise, especially the U.S. government. Yet, she claims, the secrecy of case selection fosters the popular misperception that any worthwhile case can be appealed "all the way to the Supreme Court." The Court thus maintains its image as a forum equally available to all litigants.

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224

Publisher

University of Chicago Press

Published Date

ISBN 10

0226684687

ISBN 13

9780226684680

Law and the Quest for Justice

By: Marjorie Zatz, Doris Marie Provine, and James Walsh

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Law and the Quest for Justice

By: Marjorie Zatz, Doris Marie Provine, and James Walsh

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Solve jigsaw puzzle

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Page Count

259

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Quid Pro Books

Published Date

ISBN 10

1610271645

ISBN 13

9781610271646

Book's by Doris Marie Provine

Judging Credentials

Judging Credentials

Unequal under Law

Unequal under Law

Courts, Law, and Politics in Comparative Perspective

Courts, Law, and Politics in Comparative Perspective

Unequal under Law

Unequal under Law

Policing Immigrants

Policing Immigrants

Judging Credentials

Judging Credentials

Law and the Quest for Justice

Law and the Quest for Justice

Case Selection in the United States Supreme Court

Case Selection in the United States Supreme Court

Law and the Quest for Justice

Law and the Quest for Justice

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