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| Author | : Ryan C. Black |
| Publisher | : Cambridge University Press |
| Total Pages | : 197 |
| Release | : 2016-04-07 |
| Genre | : Law |
| ISBN | : 1316682056 |
Download US Supreme Court Opinions and their Audiences Book in PDF, ePub and Kindle
This book is the first study specifically to investigate the extent to which US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences. The authors examine this dynamic by creating a unique measure of opinion clarity and then testing whether the Court writes clearer opinions when it faces ideologically hostile and ideologically scattered lower federal courts; when it decides cases involving poorly performing federal agencies; when it decides cases involving states with less professionalized legislatures and governors; and when it rules against public opinion. The data shows the Court writes clearer opinions in every one of these contexts, and demonstrates that actors are more likely to comply with clearer Court opinions.
| Author | : Ryan C. Black |
| Publisher | : |
| Total Pages | : 198 |
| Release | : 2016 |
| Genre | : Judges |
| ISBN | : 9781316682593 |
Download US Supreme Court Opinions and Their Audiences Book in PDF, ePub and Kindle
An investigation of how US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences.
| Author | : Ryan C. Black |
| Publisher | : |
| Total Pages | : |
| Release | : 2016 |
| Genre | : Judges |
| ISBN | : 9781316682777 |
Download US Supreme Court Opinions and Their Audiences Book in PDF, ePub and Kindle
"This book is the first study specifically to investigate the extent to which US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences. The authors examine this dynamic by creating a unique measure of opinion clarity and then testing whether the Court writes clearer opinions when it faces ideologically hostile and ideologically scattered lower federal courts; when it decides cases involving poorly performing federal agencies; when it decides cases involving states with less professionalized legislatures and governors; and when it rules against public opinion. The data shows the Court writes clearer opinions in every one of these contexts, and demonstrates that actors are more likely to comply with clearer Court opinions"--
| Author | : Michael K. Romano |
| Publisher | : Routledge |
| Total Pages | : 194 |
| Release | : 2019-08-30 |
| Genre | : Political Science |
| ISBN | : 0429867867 |
Download Creating the Law Book in PDF, ePub and Kindle
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.
| Author | : William Domnarski |
| Publisher | : University of Illinois Press |
| Total Pages | : 204 |
| Release | : 1996 |
| Genre | : History |
| ISBN | : 9780252065569 |
Download In the Opinion of the Court Book in PDF, ePub and Kindle
In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.
| Author | : Lawrence Baum |
| Publisher | : Princeton University Press |
| Total Pages | : 246 |
| Release | : 2009-01-10 |
| Genre | : Law |
| ISBN | : 140082754X |
Download Judges and Their Audiences Book in PDF, ePub and Kindle
What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.
| Author | : Linda Greenhouse |
| Publisher | : Oxford University Press |
| Total Pages | : 161 |
| Release | : 2023-08-18 |
| Genre | : Law |
| ISBN | : 0197689485 |
Download The U.S. Supreme Court: A Very Short Introduction Book in PDF, ePub and Kindle
Very Short Introductions: Brilliant, Sharp, Inspiring For 30 years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show readers how the Supreme Court really works. Greenhouse offers a fascinating institutional biography of a place and its people--men and women who exercise great power but whose names and faces are unrecognized by many Americans and whose work often appears cloaked in mystery. How do cases get to the Supreme Court? How do the justices go about deciding them? What special role does the chief justice play? What do the law clerks do? How does the court relate to the other branches of government? Greenhouse answers these questions by depicting the justices as they confront deep constitutional issues or wrestle with the meaning of confusing federal statutes. Throughout, the author examines many individual Supreme Court cases to illustrate points under discussion, including Marbury v. Madison, the seminal case which established judicial review; District of Columbia v. Heller (2008), which struck down the District of Columbia's gun-control statute and which was, surprisingly, the first time in its history that the Court issued an authoritative interpretation of the Second Amendment; and Dobbs v. Jackson Women's Health Organization (2022), which repudiated the right to abortion the Court had recognized nearly fifty years earlier in Roe v. Wade (1973). To add perspective, Greenhouse also compares the Court to foreign courts, revealing interesting differences. For instance, no other country in the world has chosen to bestow life tenure on its judges. The third edition of Greenhouse's Very Short Introduction tracks the changes in the Court's makeup over the past decade, including the landmark decisions of the Obama and Trump eras and the emergence of a conservative supermajority. A superb overview packed with telling details, this volume offers a matchless introduction to one of the pillars of American government.
| Author | : Michael P. Fix |
| Publisher | : Cambridge University Press |
| Total Pages | : 209 |
| Release | : 2020-08-20 |
| Genre | : Law |
| ISBN | : 1108864872 |
Download US Supreme Court Doctrine in the State High Courts Book in PDF, ePub and Kindle
US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents – Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago – Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.
| Author | : Eric J. Segall |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 281 |
| Release | : 2012-02-22 |
| Genre | : Political Science |
| ISBN | : |
Download Supreme Myths Book in PDF, ePub and Kindle
This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
| Author | : Bernard Schwartz |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 290 |
| Release | : 1997-10-30 |
| Genre | : Law |
| ISBN | : 0195118006 |
Download Decision Book in PDF, ePub and Kindle
Discusses the Supreme Court's decision making process, based on documentary sources and interviews with justices and law clerks. Provides insight into some of the most important cases to come before the court and includes portraits of many of the justices in action.
