Volume 2, No. 4 (April, 1992) pp. 66-68

JUDICIAL PROCESS: LAW, COURTS, AND POLITICS IN THE UNITED STATES by David W. Neubauer. Pacific Grove, California: Brooks/Cole Publishing Company, 1991. 452 pp. Cloth $33.25.

Reviewed by Barbara Luck Graham, Department of Political Science, University of Missouri-St. Louis.

JUDICIAL PROCESS is a standard, undergraduate text which covers materials on the American judiciary from a traditional and political framework. What makes this text stand out above the rest? Professor Neubauer has attempted to fill a void among existing judicial process texts in writing a comprehensive, stand-alone text which contains adequate coverage and in-depth treatment of wide ranging topics on American law and courts. The result is an excellent, systematic and comprehensive treatment of American judicial process which will probably become the dominant undergraduate text in the field.

JUDICIAL PROCESS is a tightly organized text that covers a wide range of topics on the American legal system. The first chapter is a standard introduction to the study of law, courts and politics. The following fourteen chapters are grouped into five parts that provide an overview of how the major aspects of the judicial process fit together. Each of the chapters contains a more than satisfactory introduction and conclusion. Moreover, the author attempts to provide a historical overview of the major topics where required. Part I consists of three chapters on the topic of legal foundations. The first chapter examines the various features of law and the legal system such as common law, precedent, adversary system, structure of American law and the discretionary aspects of law. The next two chapters are devoted to a discussion of the structure of federal and state courts. The basic principles of state and federal courts are covered in these chapters: a historical overview of federal and state courts, jurisdiction, a description of types of courts in each system, the role of specialized courts and administrative units. The court organization problem is given additional emphasis in the state court chapter.

Part II consists of two chapters that focus on the principal actors in the American judiciary: lawyers and judges. The chapter on lawyers includes a discussion of legal education, law schools and curriculum, licensing requirements, legal ethics and discipline, bar associations, work of lawyers, civil and criminal representation of the poor and diversity and stratification of the legal profession. Topics covered in the chapter on judges consist of judicial selection of state and federal judges, an evaluation of selection methods, judicial backgrounds and a description of the work of judges.

From a legal mobilization perspective, Part III consists of a single chapter that examines the users of courts: litigants and interest groups. Attention is paid to one-shotters versus repeat players, the nature of the adjudicatory process, traditional versus policy-oriented lawsuits and caseloads of state and federal courts. The question of why interest groups use the courts is also examined.

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The most comprehensive coverage of judicial process topics is found in Part IV which consists of five chapters on the disposition of cases in criminal and civil trial courts and trial court decision making. The first chapter examines the early stages of criminal cases beginning with arrest through grand jury review and the role of the exclusionary rule on police gathering of evidence. Attention is also placed on factors affecting case attrition in criminal court. Considerable emphasis is placed on plea bargaining and sentencing practices in criminal courts from a courtroom work group perspective in the second chapter. Fairness and attempts at reforming these practices are covered here as well. The third chapter covers the early stages of civil trials and also includes an examination of the transformation of disputes into civil lawsuits from a disputing pyramid framework. Other topics covered include case load problems, the litigation explosion issue and alternative dispute resolution techniques. The fourth chapter examines the dynamics of case disposition in civil trial courts. Attention is paid to civil procedure, the various steps in a civil lawsuit and the negotiation and settlement processes. The author provides three case studies involving torts, small claims and divorce as illustrations of bargaining in the shadow of the law. The final chapter in this part is solely devoted to trials. Topics covered here include the history and function of trials, jury selection, the presentation of a case, an overview of the end of the trial, jury decision making, pretrial publicity and an assessment of jury verdicts for the litigation explosion problem.

Part V examines the appellate process in three chapters. The first chapter examines the nature of the appellate process generally, the business of appellate courts, post-conviction remedies, decision making and caseloads. This chapter devotes attention to the concept of the new judicial federalism and the role of state supreme courts as policymakers. The next two chapters are devoted to a discussion of the U.S. Supreme Court with the first emphasizing the nature and factors affecting case selection, a discussion of jurisdiction and related concepts and a brief examination of the Court's caseload problem. In the following chapter, the author examines judicial selection of Supreme Court justices, Court decision making, impact and implementation of Court decisions, and a concluding section of the role of the Supreme Court in the political system.

Professor Neubauer concludes his text with an Epilogue which focuses primarily on the controversy surrounding the American judiciary and a discussion of future trends and developments affecting state courts.

There are additional features of the text that are worth mentioning. I found the tables and figures very informative and easy to understand. Professor Neubauer has almost perfected the use of boxed quotations and close-up boxes that enhance material in the text and captures real-life situations affecting courts. The text also includes "controversy sections" offering a wide range of viewpoints on issues debated about courts (which he states that he does not agree with all of them). I think the "law in action" approach to the study of law and courts will have great appeal to undergraduates and it appropriately captures the dynamics of the American legal system. Finally, the students will appreciate the key terms that are highlighted in boldface which will aid them greatly in their understanding of legal terminology.

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According to Professor Neubauer's stated intent, the text is written for undergraduate courses that deal with the American legal system. I think he strongly understates his intent. Instructors are likely to find this text appropriate for both lower and upper level judicial process courses because the writing style is quite readable but at the same time the material is not presented in an overly simplistic manner. Instructors and students will find the discussions presented in an intelligent and substantive fashion. There is very little material that is superficially treated in this text.

The main strength of JUDICIAL PROCESS lies in its comprehensive presentation of the topics; yet the reader is not confronted with a sea of unconnected details. Supplemental texts will not be needed although if the instructor wishes to assign additional readings on specific topics, the organization scheme makes this a simple task. On this point, I found the suggested reading list at the end of each chapter more than adequate as a starting point for student research on specific topics. Students should come away with a more informed understanding of the American judiciary with Professor Neubauer's text.

I found no major shortcomings of JUDICIAL PROCESS nor was there much to legitimately quibble about. One important topic that was omitted on judicial selection of state judges was the role of judicial redistricting for the election of state court judges. This is probably the most salient issue addressing political equality and representation on the state bench for states that use elections to select all or part of their judgeships. A bit more attention could have been paid to a discussion of the relationship between state and federal courts, e.g. the concept of comity and a more extended discussion of judicial federalism. This oversight however does not detract from the overall quality of the text. In contrast, I personally like the fact that an inordinate amount of attention was not paid to the U.S. Supreme Court throughout the text.

David Neubauer's JUDICIAL PROCESS is indeed a valuable contribution to the study of the American judiciary. Scholars and students will find that his text is an excellent, up-to-date, and quite readable treatment of judicial process topics. Professor Neubauer has undoubtedly set a new standard for judicial process texts.