WILLIAM SHARP IF IT PLEASE THE COURT TRIAL
Judge Merhige has emerged as the most prominent example of a new breed of activist, problem-solving federal trial judges who aggressively impact upon American society and its institutions. This book clarifies the view from that window. The chapter ends by observing that the judicial process offers a window on the entire American political system. New to this edition: Expanded appendices, including a discussion of computerized legal research New illustrative cases, documents, and web references All chapters updated to reflect changes since the first publication in 2001 The final chapter summarizes the theme of the book, noting that courts not only enforce norms and resolve disputes, but also, as a coequal branch of government, shape the fundamental power relationships that drive American politics. It also presents an engaging debate about the legitimacy and the utility of judicial policy making. It discusses two hypothetical cases, outlining their trial and appellate proceedings. The coverage in the book is far-reaching, exploring numerous topics, including the structure of federal and state courts, the selection and removal of judges, and the legal profession’s history and culture. Each chapter reflects the book’s premise that the judicial process operates at the intersection of law and politics, and this theme guides the discussions.
Reflecting the author’s experience as a political scientist, law student, judicial clerk, practicing attorney, and law professor, May It Please the Court: Judicial Processes and Politics in America, Second Edition redresses this imbalance by giving well-deserved attention to legal influences on judicial decisions and to the human drama of litigation. First, they understate the effects of legal factors such as stare decisis on judicial decision-making and second, they fail to convey the human emotions involved in litigation. Despite their clarity and sophistication, most judicial process texts currently available have two significant limitations.
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