The authors provide an excellent examination of judicial independence that tends to raise more questions than answers...a fascinating book that raises important questions about a concept that is often used, but that is poorly understood... I would highly recommend this book for all scholars of public law because of its richness of information as well as how the essays call into question the common assumptions about what judicial independence is and how it can be protected" - Law & Politics Book Review This new volume aims to break down the disciplinary barriers that have impeded scholarly analysis of, and public policy debates concerning, a subject of immense importance to the US and other developed and developing democracies. Judicial Independence at the Crossroads: An Interdisciplinary Approach is a path-breaking collection of essays by leading scholars from the disciplines of law, political science, history, economics and sociology. As a result, the essays represent a strongly interdisciplinary perspective that enables the reader to identify common myths in scholarly and public discussions of judicial independence, and to engage more effectively with the key debates. The editors also highlight progress made towards a shared understanding and the considerable gaps in analysis and understanding that remain. This book offers both scholars and politicians a guide to more fruitful research and sounder public policy at a time when federal judicial selection is one of the most contentious political issues in Washington. Given the explicitly comparative perspective of some of the chapters, the volume will be important reading not only for scholars and policy makers in the US but also for those interested in the topic in any other country that seeks to establish or reaffirm the importance of the rule of law. About the Editors Stephen B. Burbank is the David Berger Professor for the Administration of Justice at the University of Pennsylvania. A graduate of Harvard College and Harvard Law School, Professor Burbank served as law clerk to Justice Robert Braucher of the Supreme Judicial Court of Massachusetts and to Chief Justice Warren Burger. He was General Counsel of the University of Pennsylvania from 1975 to 1980. Professor Burbank is a member of the Executive Committee of the American Judicature Society, for which he also serves on the editorial committee, as chair of the amicus committee, and as co-chair of the Center for Judicial Independence Task Force. He has served as a Visiting Professor at the law schools of Goethe University (Frankfurt, Germany), Harvard University, the University of Michigan, and the University of Pavia (Italy). Barry Friedman (A.B. 1978, University of Chicago; J.D. 1982, Georgetown University) is a Professor of Law at New York University School of Law, where he writes and teaches in the areas of constitutional law, federal jurisdiction, and criminal procedure. Professor Friedman also practices law, both privately and pro bono, and has litigated in all levels of the state and federal courts, including on issues of judicial independence and federalism. He is completing a term of over eight years as an officer and executive committee member of the American Judicature Society. He remains the co-chair of AJS Task Force on Judicial Independence.
Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the practice of law. The book focuses on civil rights both to engage student’s by focusing on issues they care out and to illustrate the impact of procedure on real people’s experience with the legal system. The cases are framed in their historical and social context. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by readings highlighting the context of the case as well as review questions and comments which deepen students’ understanding and clarify key concepts, and offers more than forty well-crafted problems (both for class use and review), to help students solidify their understanding of the materials whether used in class or as out-of-class assignments. In-class exercises and simulations based on a sample case file are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from a real case – appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. New to the 7th Edition: The inclusion of more examples and problem sets to make the materials more accessible and the concepts more concrete The addition of more practice exercises, with a focus on one set of Case Files throughout the book, rather than the two that were used in prior editions With the removal of Warner v. City of New York case files (because most professors did not have time to use the Warner case files into their courses), issues that are unique to public law litigation are woven throughout the book with practice problems, examples, comments, and questions. This revision will make it easier for professors to incorporate these issues into the course. Professors and students will benefit from: Practice exercises allow students to learn by doing – integrating doctrine, practice, and context. These exercises can be covered in class or, instead, recommended as content for study groups. Topics that are especially hard to teach (like discovery) and those that require a lot of time to teach have been rewritten to respond to adopters’ requests. A case file involving a car accident that is both accessible to first year students and provides good teaching tools for procedure professors to show how a case is litigated from complaint through trial. Because the case file involves a relatively simple state court case, it provides an opportunity to compare state and federal procedural regimes. Review questions focus on student comprehension; broader critical questions are separated out in “questions to ponder” sections. Questions are answered in the teacher’s manual. Background material has been integrated to promote critical thinking and engage students with the latest debates over civil procedure. New practice problems promote engagement with cutting edge issues like Multidistrict Litigation. The authors are developing an online community for adopters – in addition to the teacher’s manual -- to help better facilitate the learning and teaching process for this book.
Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the actual practice of law. The procedural and nonprocedural aspects of the cases are framed to hold students’ interest: doctrines reflect the choices of policymakers and also present strategic options for litigators. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by review questions and comments which deepen students’ understanding and clarify key concepts. Offering more than forty well-crafted problems (both for class use and review), these practice exercises and review exercises help students solidify their understanding of the materials whether used in class or as out-of-class assignments. In-class exercises and simulations based on two sample case files are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from real cases – appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. New to the Sixth Edition: A new, more digestible format Updated cases and all new chapters on Discovery and ADR Revised review questions to enhance student learning Updated historical narratives and questions to ponder that promote critical thinking Professors and students will benefit from: Practice exercises that allow students to learn by doing – integrating doctrine, practice, and context. These exercises can be covered in class or, instead, recommended as content for study groups. Rewritten sections on topics that are especially hard to teach (like discovery) and those that require a lot of time to teach in response to adopters’ requests. The case files – one involving New York City Police Department’s stop-and-frisk policy, the other a car accident – continue to be accessible and provide good teaching tools for procedure professors. Review questions that have been revised to focus on student comprehension, while broader critical questions have been separated out in “questions to ponder” sections. More background material integrated into the text to promote critical thinking and engage students with the latest debates over civil procedure. New practice problems promote engagement with cutting edge issues like Multidistrict Litigation. Authors that are continuously developing new teaching materials for those who use the book
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