Crafting Law On The Supreme Court
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Crafting Law On The Supreme Court
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Author : Forrest Maltzman
language : en
Publisher: Cambridge University Press
Release Date : 2000-07-03
Crafting Law On The Supreme Court written by Forrest Maltzman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-07-03 with Law categories.
Supreme Court decisions stem largely from the political nature of the opinion writing process.
The Politics Of Precedent On The U S Supreme Court
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Author : Thomas G. Hansford
language : en
Publisher: Princeton University Press
Release Date : 2018-06-05
The Politics Of Precedent On The U S Supreme Court written by Thomas G. Hansford and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-05 with Law categories.
The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.
Creating The Law
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Author : Michael K. Romano
language : en
Publisher: Routledge
Release Date : 2019-08-30
Creating The Law written by Michael K. Romano and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-30 with Political Science categories.
Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.
The Chief Justice
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Author : David J. Danelski
language : en
Publisher: University of Michigan Press
Release Date : 2016-08-05
The Chief Justice written by David J. Danelski and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-05 with Political Science categories.
Scholars use the most advanced methods in judicial studies to examine the role of Chief Justice of the U.S. Supreme Court
Crafting Courts In New Democracies
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Author : Matthew Ingram
language : en
Publisher: Cambridge University Press
Release Date : 2016
Crafting Courts In New Democracies written by Matthew Ingram and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
This book explores the importance of local courts in enacting positive social and economic reform in Brazil and Mexico.
The Constrained Court
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Author : Michael A. Bailey
language : en
Publisher: Princeton University Press
Release Date : 2011-08-22
The Constrained Court written by Michael A. Bailey and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-22 with Law categories.
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
Commitment And Cooperation On High Courts
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Author : Benjamin Alarie
language : en
Publisher: Oxford University Press
Release Date : 2017-07-25
Commitment And Cooperation On High Courts written by Benjamin Alarie and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.
Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Bankruptcy And The U S Supreme Court
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Author : Ronald J. Mann
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-24
Bankruptcy And The U S Supreme Court written by Ronald J. Mann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-24 with Law categories.
This book provides a comprehensive study of the Supreme Court's bankruptcy cases, illustrating and explaining the structural reasons for the Court's narrow bankruptcy perspective.
Ethics And Accountability On The Us Supreme Court
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Author : Robert J. Hume
language : en
Publisher: State University of New York Press
Release Date : 2017-11-21
Ethics And Accountability On The Us Supreme Court written by Robert J. Hume and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-21 with Political Science categories.
Examines the causes and consequences of recusal behavior on the US Supreme Court. Do US Supreme Court justices withdraw from cases when they are supposed to? What happens when the Court is down a member? In Ethics and Accountability on the US Supreme Court, Robert J. Hume provides the first comprehensive examination of the causes and consequences of recusal behavior on the Supreme Court. Using original data, and with rich attention to historical detail including media commentary about recusals, he systematically analyzes the factors that influence Supreme Court recusal, a process which has so far been shrouded in secrecy. It is revealed that justices do not strictly follow the recusal guidelines set by Congress, but at the same time they do not ignore these rules. Overall, justices are selective in their compliance with the recusal statute, balancing ethical considerations against other institutional and policy goals, such as the duty to sit. However, the book also concludes that the impact of recusals on policymaking is more limited than commentators have claimed, raising questions about whether ethics reform is really needed at this time. Robert J. Hume is Professor of Political Science at Fordham University. He is the author of Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States and How Courts Impact Federal Administrative Behavior.
Making The Supreme Court
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Author : Charles M. Cameron
language : en
Publisher: Oxford University Press
Release Date : 2023
Making The Supreme Court written by Charles M. Cameron and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Political Science categories.
"Making the Supreme Court: The Politics of Appointments 1930--2020 tells the story of 90 years of Supreme Court appointments. It examines what happened, why it happened, the consequences for the Supreme Court, the future of appointments, and the prospects for reform. Based on massive data combined with rich qualitative evidence, Making the Supreme Court employs new theories, cutting-edge technique, and a novel perspective on political institutions. Finally, it provides a sharp lens on the social and political transformations that created a new American politics. It will appeal not only to students of the Supreme Court but to anyone concerned with the origins and future of American politics"--