Vol. 10 No. 1 (January 2000) pp. 4-6.
JUDICIAL POLITICS: READINGS FROM JUDICATURE, Second Edition, by Elliot Slotnick (Editor). Chicago: American
Judicature Society, 1999. 648 pp. Paper $39.95.
Reviewed by Barry N. Sweet, Department of Political Science, Sociology, and Philosophy, Clarion University of Pennsylvania.
This anthology is a second edition of a collection of articles previously published in JUDICATURE, the journal
of the American Judicature Society. (The first edition was reviewed in the LPBR, Vol. 5, No. 2, February 1995).
The second edition has seventy-four articles, an increase of five from the first edition. More significant is
that over half of the articles have been changed. The structural format of the first edition has been retained.
The book is divided into eight major sections covering a wide range of legal issues in the United States. Some
sections have been expanded, while others have been reduced. The book is divided as follows: The Supreme Court's
role in the judicial system (pp. 1-40), key actors (pp. 41-209), representative politics and the judiciary (pp.
210-243), trial courts (pp. 244-289), appellate courts (pp. 290-425), the courts as viewed by the public and other
political actors (pp. 426-551), alternatives to litigation (pp. 552-590), and judicial policy-making (pp. 591-643).
The authors of the articles come from diverse backgrounds, thus providing a range of views on judicial politics
in America. Political scientists and law professors wrote many of the articles. Judges and lawyers, with experience
in the administration of justice, wrote others. Overall, the selections provide a well-balanced perspective on
the current status of the American legal system.
JUDICIAL POLITICS is best suited for courses covering topics such as the law and the legal system, judicial process,
and law and society. The organization of the anthology, as outlined above, readily complements any course that
focuses on the political and social aspects of the administration of justice in the United States. A significant
number of the selections could be assigned to supplement the typical introductory text on law and the justice system.
The selections cover topics in more
detail and depth than most standard texts. Furthermore, some of the selections will introduce students to the
methods of social science research. This latter point is particularly important in upper level undergraduate courses
where the students may be expected to write a major research paper. Even if the students were not assigned to
read all of the selections, which is a likely scenario given that there are seventy-four, they can peruse the anthology
for research ideas. JUDICIAL POLITICS would be difficult to use in courses on American government or constitutional
law, where it would be nearly impossible to adequately incorporate a
meaningful number of the selections.
One does not usually describe an anthology as a "page turner," but this collection has selections in
every section that catch the reader's attention. Practitioners, scholars, and students alike
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will find the selections to be topical, interesting and thought provoking. Some of the many new entries make the
second edition even more engaging than the first. Three of the eight sections outlined above are further divided
into subsections. It is worth noting some specific changes made in the various subsections of the anthology.
The subsection titled "Judges: Judicial Selection Systems and Their Consequences," has been significantly
revised. The number of selections has been reduced from eight to five. Only one from the first edition has been
retained, which is a brief overview of judicial selection in the United States. The coverage of the
four new entries is evenly split between the federal and state judiciaries. Encouraging research on retention
elections and minority judges is presented in one article. Two articles provide current information on President
Clinton's nominations to the federal bench and their ideological impact. The subsection on magistrates and law
clerks has been rightfully expanded from two to four articles. The increased utilization of U.S. magistrates is
an important development, which is addressed in one article. The increased reliance of both federal and state
judges on law clerks is arguably an even more important development and three articles discuss
relevant concerns. The subsection on lawyers has been reduced from three selections from four. A piece that debunks
the popular myth of contingency
fee lawyers playing the legal system like a lottery has been added. This is a welcomed addition since lawyer fees
and other tort reform issues usually spark debate among undergraduates. The subsection on interest group litigation
has been reduced to three selections from five. The three selections focus on civil and reproductive rights. Again
with the desire to engage undergraduates, this subsection could be strengthened with a piece on how environmental
groups have resorted to the courts. The subsection on juries has been expanded and updated by the addition of
one article on the propensity of juries to vote for death in capital cases and one on prosecutorial abuse of the
grand jury process.
Three of the six articles in the section on the representativeness of the judiciary have been changed. One of
the new articles explores the familiar issue of whether or not the Supreme Court is a majoritarian or countermajoritarian
institution. Other articles in the section discuss the appropriateness of affirmative action in judicial selection
and the potential effect of a judiciary that looks like America. The changes in this section should help structure
and sharpen classroom debate on the
current tussle over judicial nominations between Senate Republicans and President Clinton. The emphasis of the
section on trial courts has shifted from civil litigation to criminal law. Students tend to find criminal law
more fascinating; therefore, this shift should enhance student interest. However, only one selection out of six
on civil litigation may be inadequate. This inadequacy is compounded by the fact that the sole selection on civil
litigation focuses on the Civil Justice Reform Act of
1990. The addition of a piece on the current status of civil litigation in the state courts would address this
concern.
The section on Appellate Court Processes in the first edition was strongly criticized for overly emphasizing the
United States Supreme Court. This criticism is equally applicable to this section in the second edition. The
section is divided into two subsections: 1) access to the docket, and 2) internal procedures and decision-making.
The entire section has been expanded from eleven to fifteen selections. Only one of the
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selections, about the Ninth Circuit, does not analyze the U. S. Supreme Court. Surely something could be said
about the appellate process in the states. Many of the selections in this section are excellent. However, more
balanced coverage between the federal and state appellate courts would strengthen this section.
The section on the courts and their relationships with the public, the media and other political actors is divided
into three subsections. The first subsection on the relationship between the media and public opinion has been
completely replaced and expanded from five to six selections. The second subsection focuses entirely on the federal
judiciary's relationship with Congress and has been expanded from three to five selections. The third subsection
covering state courts has been reduced to two selections from five. The selections discuss "new judicial
federalism," the opportunity for state courts to exercise independence, and their failure to do so.
The final two sections have also been expanded. The section on alternatives to litigation has been expanded to
include a piece on barriers to entry in the practice of law. A more interesting piece, especially for those with
experience in the legal system, covers the increased presence of pro se litigants and the accompanying problems.
The last section on judicial policymaking has been expanded from two articles to six. The two articles from the
first edition have been retained. These two articles provide a historical overview of the federal courts and refutation
to the charge of "judicial imperialism." The four additional articles bring the
debate up to date. One discusses the events surrounding New York Judge Harold Baer's controversial initial suppression
of evidence, his self-reversal, and the subsequent dispute over judicial independence. The remaining three articles
present the arguments for and against restricting the power of the federal judiciary.
In conclusion, the second edition of JUDICIAL POLITICS is an improvement on an already valuable supplemental text.
This anthology would be highly useful in an upper level undergraduate course focusing on the law and the legal
system. The inclusion of more selections on state court issues would provide a more balanced overview of judicial
process in the United States. Perhaps the current mix of selections merely reflects a dearth of research in the
area of state courts. Nonetheless, JUDICIAL POLITICS would expose students to important issues in the administration
of justice and the methods of scholarly research.