Decision Making By The Modern Supreme Court
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Decision Making By The Modern Supreme Court
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Author : Richard L. Pacelle
language : en
Publisher:
Release Date : 2014-05-14
Decision Making By The Modern Supreme Court written by Richard L. Pacelle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Judicial process categories.
Advances an integrated model of Supreme Court decision making that incorporates variables from the models of Supreme Court decision making.
The U S Supreme Court S Modern Common Law Approach To Judicial Decision Making
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Author : Simona Grossi
language : en
Publisher:
Release Date : 2015
The U S Supreme Court S Modern Common Law Approach To Judicial Decision Making written by Simona Grossi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Conflict of laws categories.
This book studies the U.S. Supreme Court and its common law approach to judicial decision making from a national and transnational perspective.
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.
Constitutional Process
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Author : Maxwell L. Stearns
language : en
Publisher: University of Michigan Press
Release Date : 2002
Constitutional Process written by Maxwell L. Stearns 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 2002 with Law categories.
This is the first comprehensive analysis of how the collective nature of Supreme Court decision making affects the transformation of the justices' preferences into constitutional doctrine. Analyzing the Supreme Court from the perspective of social choice theory, Maxwell L. Stearns offers new insights into Supreme Court decision making that have profound implications for understanding the outcomes in a number of cases and the resulting doctrinal development within constitutional law which traditional analyses have proven ill-equipped to explain. The book models several important process-based Supreme Court rules, including outcome voting, the narrowest-grounds rule, stare decisis, and justiciability, with a particular emphasis on standing. These doctrines have each had a significant impact upon the evolution of modern constitutional law, including but not limited to the following areas: affirmative action, school desegregation, racial gerrymandering, obscenity, and abortion. Each model is presented in nontechnical language with several concrete illustrations drawn from recent Supreme Court case law. The book offers a new understanding of two apparently paradoxical situations: first, cases in which there are separate majorities on specific issues in the case that suggest, logically, that there should be a majority for the dissenting result; and second, cases in which discrete minorities--as opposed to the apparent majority--control the identification and resolution of dispositive case issues. In addition, the book sheds new light on why the Court employs stare decisis, even though the doctrine grounds the evolution of legal doctrine on the order in which cases are presented and decided, and on how the modern standing doctrine ameliorates the incentives for interest groups to time the litigation of cases in a way that will exert a disproportionate influence over the direction of constitutional doctrine. This book will appeal to scholars of the Supreme Court or judicial decision-making. It should also be of interest to students of social choice and of law and economics who have not previously considered the Supreme Court or constitutional law as fertile ground for their disciplines. Maxwell L. Stearns is Professor of Law, George Mason University School of Law.
The U S Supreme Court And The Modern Common Law Approach To Judicial Decision Making
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Author : Simona Grossi
language : en
Publisher:
Release Date : 2015
The U S Supreme Court And The Modern Common Law Approach To Judicial Decision Making written by Simona Grossi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Executive Decision Making And The Courts
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Author : TT Arvind
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
Executive Decision Making And The Courts written by TT Arvind and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.
Rationing The Constitution
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Author : Andrew Coan
language : en
Publisher: Harvard University Press
Release Date : 2019-04-29
Rationing The Constitution written by Andrew Coan and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-29 with Law categories.
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
The Constrained Court
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Author : Michael A. Bailey
language : en
Publisher: Princeton University Press
Release Date : 2011-09-11
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 2011-09-11 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.
A Storm Over This Court
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Author : Jeffrey D. Hockett
language : en
Publisher: University of Virginia Press
Release Date : 2013-05-24
A Storm Over This Court written by Jeffrey D. Hockett and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-24 with Law categories.
On the way to offering a new analysis of the basis of the Supreme Court’s iconic decision in Brown v. Board of Education, Jeffrey Hockett critiques an array of theories that have arisen to explain it and Supreme Court decision making generally. Drawing upon justices’ books, articles, correspondence, memoranda, and draft opinions, A Storm over This Court demonstrates that the puzzle of Brown’s basis cannot be explained by any one theory. Borrowing insights from numerous approaches to analyzing Supreme Court decision making, this study reveals the inaccuracy of the popular perception that most of the justices merely acted upon a shared, liberal preference for an egalitarian society when they held that racial segregation in public education violates the equal protection clause of the Fourteenth Amendment. A majority of the justices were motivated, instead, by institutional considerations, including a recognition of the need to present a united front in such a controversial case, a sense that the Court had a significant role to play in international affairs during the Cold War, and a belief that the Court had an important mission to counter racial injustice in American politics. A Storm over This Court demonstrates that the infusion of justices’ personal policy preferences into the abstract language of the Constitution is not the only alternative to an originalist approach to constitutional interpretation. Ultimately, Hockett concludes that the justices' decisions in Brown resist any single, elegant explanation. To fully explain this watershed decision—and, by implication, others—it is necessary to employ a range of approaches dictated by the case in question.
The Supreme Court
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Author : Tom S. Clark
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-14
The Supreme Court written by Tom S. Clark 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 2019-03-14 with History categories.
Provides a quantitative history of the development of constitutional law in the United States during the past 150 years.