Decision Making And Controversies In State Supreme Courts
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Decision Making And Controversies In State Supreme Courts
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Author : Salmon A. Shomade
language : en
Publisher: Lexington Books
Release Date : 2018-10-15
Decision Making And Controversies In State Supreme Courts written by Salmon A. Shomade and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-15 with Law categories.
This book examines state Supreme Court decision making during controversies involving religion, race, and gender skirmishes. It analyzes predominant factors influencing state Supreme Court decision making during controversies involving justices serving in these courts and confronting these crises.
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.
Supreme Court Decision Making
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Author : David W. Rohde
language : en
Publisher: W H Freeman & Company
Release Date : 1976
Supreme Court Decision Making written by David W. Rohde and has been published by W H Freeman & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Judicial process categories.
Judicial Review In State Supreme Courts
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Author : Laura Langer
language : en
Publisher: State University of New York Press
Release Date : 2012-02-01
Judicial Review In State Supreme Courts written by Laura Langer 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 2012-02-01 with Political Science categories.
Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.
Judicial Decision Making
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Author : Glendon A. Schubert
language : en
Publisher: Free Press
Release Date : 1963
Judicial Decision Making written by Glendon A. Schubert and has been published by Free Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Law categories.
The Choices Justices Make
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Author : Lee Epstein
language : en
Publisher: SAGE
Release Date : 1997-01-01
The Choices Justices Make written by Lee Epstein and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Political Science categories.
The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court′s public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices′ papers animate the work.
Supreme Court Decision Making
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Author : Cornell W. Clayton
language : en
Publisher: University of Chicago Press
Release Date : 1999
Supreme Court Decision Making written by Cornell W. Clayton and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
Judicial Conflict And Consensus
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Author : Sheldon Goldman
language : en
Publisher: University Press of Kentucky
Release Date : 2021-10-21
Judicial Conflict And Consensus written by Sheldon Goldman and has been published by University Press of Kentucky this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-21 with Political Science categories.
These original essays by major scholars of judicial behavior explore the frequency, intensity, and especially the causes of conflict and consensus among judges on American appellate courts. Together, these studies provide new insights into judges' attitudes and values, role perceptions, and small group interactions.
Judicial Decision Making In A Globalised World
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Author : Elaine Mak
language : en
Publisher: A&C Black
Release Date : 2014-07-04
Judicial Decision Making In A Globalised World written by Elaine Mak and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-04 with Law categories.
Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.
Trials Of The State
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Author : Jonathan Sumption
language : en
Publisher: Profile Books
Release Date : 2019-08-29
Trials Of The State written by Jonathan Sumption and has been published by Profile Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.