Courts & Procedure

This open access book explores the High Court’s powers under its inherent jurisdiction and wardship in relation to children and incapacitous and vu...

The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of peopl...

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from pri...

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from pri...

A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, whit...

Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of di...

2007 Ruth Shonle Cavan Young Scholar Award presented by the American Society of Criminology 2007 American Society of Criminology Michael J. Hindela...

In jurisprudential writing, single decisions are often held up as representative without any evidence to support their representative claims. In or...

The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and measures that tap their perce...

The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and measures that tap their perce...

While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together ...

For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual ca...

School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought bef...

Justice isn't blind. It's winking. This is the message Americans get when, against the weight of overwhelming evidence, high-profile suspects go fr...

The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guard...

"The sordid controversies of litigants," Benjamin Cardozo once said, are "the stuff from which great and shining truths will ultimately be shaped."...

In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the foundin...

Go ahead and try to make a federal case of it. That may seem to be your right, but as Larry Yackle reveals in Reclaiming the Federal Courts, the gu...

The federal courts are the world’s most powerful judiciary and a vital element of the American political system. In recent decades, these courts ha...

Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose co...

After the siege ended at Wounded Knee, the real battle had yet to be fought. The 1973 standoff in South Dakota between Oglala Lakota Indians and fe...

For the first time in our history, U.S. prisons house over a million inmates, enough to populate a city larger than San Francisco. Building prisons...