Decision Making By The Modern Supreme Court PDF Download
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Author | : Richard L. Pacelle, Jr |
Publisher | : Cambridge University Press |
Total Pages | : 279 |
Release | : 2011-06-13 |
Genre | : Political Science |
ISBN | : 1139498797 |
Download Decision Making by the Modern Supreme Court Book in PDF, ePub and Kindle
There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.
Author | : Cornell W. Clayton |
Publisher | : University of Chicago Press |
Total Pages | : 359 |
Release | : 1999 |
Genre | : Law |
ISBN | : 0226109550 |
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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.
Author | : Timothy R. Johnson |
Publisher | : SUNY Press |
Total Pages | : 200 |
Release | : 2004-07-15 |
Genre | : Political Science |
ISBN | : 9780791461037 |
Download Oral Arguments and Decision Making on the United States Supreme Court Book in PDF, ePub and Kindle
How oral arguments influence the decisions of Supreme Court justices.
Author | : Cornell W. Clayton |
Publisher | : University of Chicago Press |
Total Pages | : 368 |
Release | : 1999 |
Genre | : Law |
ISBN | : 9780226109541 |
Download Supreme Court Decision-Making Book in PDF, ePub and Kindle
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.
Author | : Simona Grossi |
Publisher | : |
Total Pages | : 414 |
Release | : 2015 |
Genre | : LAW |
ISBN | : 9781139235631 |
Download United States Supreme Court's Modern Common Law Approach to Judicial Decision Making Book in PDF, ePub and Kindle
Author | : Jeffrey D. Hockett |
Publisher | : University of Virginia Press |
Total Pages | : 444 |
Release | : 2013 |
Genre | : Education |
ISBN | : 0813933749 |
Download A Storm Over this Court Book in PDF, ePub and Kindle
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.
Author | : Paul M. Collins, Jr. |
Publisher | : Oxford University Press |
Total Pages | : 249 |
Release | : 2008-08-15 |
Genre | : Law |
ISBN | : 0199707227 |
Download Friends of the Supreme Court: Interest Groups and Judicial Decision Making Book in PDF, ePub and Kindle
The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.
Author | : Tom S. Clark |
Publisher | : Cambridge University Press |
Total Pages | : 455 |
Release | : 2019-03-14 |
Genre | : History |
ISBN | : 1108422764 |
Download The Supreme Court Book in PDF, ePub and Kindle
Provides a quantitative history of the development of constitutional law in the United States during the past 150 years.
Author | : Simona Grossi |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : 9781316120149 |
Download The U.S. Supreme Court and the Modern Common Law Approach to Judicial Decision Making Book in PDF, ePub and Kindle
Author | : Jeffrey A. Segal |
Publisher | : Cambridge University Press |
Total Pages | : 428 |
Release | : 2005-08 |
Genre | : Law |
ISBN | : 9780521780384 |
Download The Supreme Court in the American Legal System Book in PDF, ePub and Kindle
This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.