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 |
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 | : 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 | : Maxwell L. Stearns |
Publisher | : University of Michigan Press |
Total Pages | : 460 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9780472088683 |
Download Constitutional Process Book in PDF, ePub and Kindle
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.
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 | : Simona Grossi |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : 9781316133224 |
Download The U.S. Supreme Court and the Modern Common Law Approach to Judicial Decision Making Book in PDF, ePub and Kindle
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 | : Andrew Coan |
Publisher | : Harvard University Press |
Total Pages | : 281 |
Release | : 2019-04-29 |
Genre | : Law |
ISBN | : 0674239199 |
Download Rationing the Constitution Book in PDF, ePub and Kindle
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.
Author | : Thomas H. Hammond |
Publisher | : Stanford University Press |
Total Pages | : 330 |
Release | : 2005 |
Genre | : Political Science |
ISBN | : 9780804751469 |
Download Strategic Behavior and Policy Choice on the U.S. Supreme Court Book in PDF, ePub and Kindle
This book presents the first comprehensive model of policymaking by strategically-rational justices who pursue their own policy preferences in the Supreme Court's multi-stage decision-making process.
Author | : H. W. Perry |
Publisher | : Harvard University Press |
Total Pages | : 332 |
Release | : 2009-06-01 |
Genre | : Political Science |
ISBN | : 9780674042063 |
Download Deciding to Decide Book in PDF, ePub and Kindle
Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.