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The Contours of Justice provides a framework for describing and
understanding criminal courts throughout the United States by
depicting the functions of criminal courts in nine middle-sized
counties in three states. It integrates concepts from each of the
three traditional theoretical approaches to court analysis: the
individual, organizational, and environmental approaches. The
authors approach the courts as communities composed of judges,
prosecutors, and defense attorneys rather than as "legal
institutions" applying formal law. They analyze the differences in
culture, technology, physical setting, the customary ways of
arriving at guilty pleas, as well as other aspects of the courts.
The authors also incorporate information about the political and
economic characteristics of the communities that the courts serve,
along with the basic functions of scheduling cases and assigning
personnel to cases. The portraits of the nine courts present the
day-to-day activities of judges, prosecutors, and defense attorneys
that lead to the decisions about the fates of the defendants
brought to the courts. This comparison not only provides a vivid
picture of actual court function, but allows an assessment of the
process that leads to ideas for reform.
The final volume of a trilogy (begun with The Contours of Justice
and The Tenor of Justice) based on a large-scale, complex study of
nine criminal courts. Explains how criminal court policies reflect
tensions or harmony among judges on the bench, and identifies and
illustrates patterns of dominance and conflict within courthouse
communities.
Tournament of Appeals investigates the leave to appeal process in
Canada and explores how and why certain cases "win" a place on the
Court's agenda and others do not. Drawing from systematically
collected information on the process, applications, and lawyers
that has never before been used in studies of Canada's Supreme
Court, Flemming offers both a qualitatively and
quantitatively-based explanation of how Canada's justices grant
judicial review.
Canada's Supreme Court decides cases with far-reaching effects on
Canadian politics and public policies. When the Supreme Court sets
cases on its agenda, it exercises nearly unrestrained discretion
and considerable public authority. But how does the Court choose
these cases in the first place? From the several hundred requests
for judicial review filed every year, how and why do the justices
pick some cases but not others for review? Tournament of Appeals
investigates the leave to appeal process in Canada and explores how
and why certain cases win a place on the Court's agenda and others
do not. Taking the approach that the process mimics a sports
tournament, this study raises several vital questions. For example,
is there an elite Supreme Court bar that routinely wins the
tournament? Do the Court's rules affect the tournament's outcomes?
in this tournament, how do the judges play the game and how does it
affect their votes to grant or deny judicial review? Drawing from
systematically collected information on the process, applications,
and lawyers that has never before been used in studies of Canada's
Supreme Court, Flemming offers both a qualitatively and
quantitatively-based explanation of how Canada's justices grant
judicial review. The first of its kind, this innovative study will
draw the attention of lawyers, academics, and students in Canada as
well as in the Commonwealth, and European countries whose high
courts share many features of the appeals process in Canada.
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