institutional games and the u s supreme court constitutionalism and democracy

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Institutional Games And The U S Supreme Court

Author : James R. Rogers
ISBN : 0813934192
Genre : Political Science
File Size : 39. 99 MB
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Over the course of the past decade, the behavioral analysis of decisions by the Supreme Court has turned to game theory to gain new insights into this important institution in American politics. Game theory highlights the role of strategic interactions between the Court and other institutions in the decisions the Court makes as well as in the relations among the justices as they make their decisions. Rather than assume that the justices’ votes reveal their sincere preferences, students of law and politics have come to examine how the strategic concerns of the justices lead to "sophisticated" behavior as they seek to maximize achievement of their goals when faced with constraints on their ability to do so. In Institutional Games and the U.S. Supreme Court, James Rogers, Roy Flemming, and Jon Bond gather various essays that use game theory to explain the Supreme Court's interactions with Congress, the states, and the lower courts. Offering new ways of understanding the complexity and consequences of these interactions, the volume joins a growing body of work that considers these influential interactions among various branches of the U.S. government. Contributors: Kenneth A. Shepsle, Andrew De Martin, James R. Rogers, Christopher Zorn, Georg Vanberg, Cliff Carrubba, Thomas Hammond, Christopher Bonneau, Reginald Sheehan, Charles Cameron, Lewis A. Kornhauser, Ethan Bueno de Mesquita, Matthew Stephenson, Stefanie A. Lindquist, Susan D. Haire, Lawrence Baum

The View Of The Courts From The Hill

Author : Mark C. Miller
ISBN : 9780813928210
Genre : Political Science
File Size : 37. 23 MB
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The View of the Courts from the Hill explores the current interactions and relationship between the U.S. Congress and federal courts using a "governance as dialogue" approach, which argues that constitutional interpretation in the United States is a continuous and complex conversation among all the institutions of government. Expanding on his previous work on this important theme, Mark C. Miller has interviewed numerous key players specifically for this book. His subjects include members of Congress, federal judges, congressional staff, employees of the judicial branch, lobbyists, and others with an interest in the courts. Their candid and thorough comments provide an invaluable resource for students and scholars eager to explore the dynamics between congressional and judicial forces as they have evolved over the past two decades. The book examines customary interactions between Congress and the federal courts—especially the U.S. Supreme Court—as well as extraordinary conflicts between the two branches of government both today and throughout American history. Miller gives special attention to recent attempts by social conservatives in Congress to silence the voice of the courts in the inter-institutional dialogue through the use of court-stripping measures, threats of impeachment of federal judges, and a proposal for an inspector general for the courts. Particular focus is placed on the interactions between the courts and the House Judiciary Committee under Republican control, as well as the approach taken by the Religious Right toward federal judges and the federal courts in general. The book concludes with a call for the protection of judicial independence in order to preserve the voice of the federal courts in the constitutional interpretation dialogue.

The Nature Of Rights At The American Founding And Beyond

Author : Barry Alan Shain
ISBN : 0813926661
Genre : History
File Size : 67. 89 MB
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Americans have been claiming and defending rights since long before the nation achieved independence. But few Americans recognize how profoundly the nature of rights has changed over the past three hundred years. In The Nature of Rights at the American Founding and Beyond, Barry Alan Shain gathers together essays by some of the leading scholars in American constitutional law and history to examine the nature of rights claims in eighteenth-century America and how they differed, if at all, from today’s understandings. Was America at its founding predominantly individualistic or, in some important way, communal? Similarly, which understanding of rights was of greater centrality: the historical "rights of Englishmen" or abstract natural rights? And who enjoyed these rights, however understood? Everyone? Or only economically privileged and militarily responsible male heads of households? The contributors also consider how such concepts of rights have continued to shape and reshape the American experience of political liberty to this day. Beginning with the arresting transformation in the grounding of rights prompted by the American War of Independence, the volume moves through what the contributors describe as the "Founders’ Bill of Rights" to the "second" Bill of Rights that coincided with the Civil War, and ends with the language of rights erupting from the horrors of the Second World War and its aftermath in the Cold War. By asking what kind of nation the founding generation left us, or intended to leave us, the contributors are then able to compare that nation to the nation we have become. Most, if not all, of the essays demonstrate that the nature of rights in America has been anything but constant, and that the rights defended in the late eighteenth century stand at some distance from those celebrated today. Contributors:Akhil Reed Amar, Yale University * James H. Hutson, Library of Congress * Stephen Macedo, Princeton University * Richard Primus, University of Michigan * Jack N. Rakove, Stanford University * John Phillip Reid, New York University * Daniel T. Rodgers, Princeton University * A. Gregg Roeber, Pennsylvania State University * Barry Alan Shain, Colgate University * Rogers M. Smith, University of Pennsylvania * Leif Wenar, University of Sheffield * Gordon S. Wood, Brown University

A Storm Over This Court

Author : Jeffrey D. Hockett
ISBN : 9780813933757
Genre : Law
File Size : 42. 11 MB
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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.

Answering The Call Of The Court

Author : Vanessa A. Baird
ISBN : 9780813930442
Genre : Political Science
File Size : 53. 50 MB
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The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court’s agenda. Vanessa A. Baird’s Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices’ priorities, litigants’ strategies, and aggregate policy outputs of the U.S. Supreme Court. Most previous studies on the Supreme Court’s agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before justices choose which cases they will hear. When justices signal their interest in a particular policy area, litigants respond by sponsoring well-crafted cases in those policy areas. Approximately four to five years later, the Supreme Court’s agenda in those areas expands, with cases that are comparatively more politically important and divisive than other cases the Court hears. From issues of discrimination and free expression to welfare policy, from immigration to economic regulation, strategic supporters of litigation pay attention to the goals of Supreme Court justices and bring cases they can use to achieve those goals. Since policy making in courts is iterative, multiple well-crafted cases are needed for courts to make comprehensive policy. Baird argues that judicial policy-making power depends on the actions of policy entrepreneurs or other litigants who systematically respond to the priorities and preferences of Supreme Court justices.

Strategic Selection

Author : Christine L. Nemacheck
ISBN : UOM:39015069346768
Genre : Law
File Size : 37. 63 MB
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"Nemacheck... gives a rigorously tested, ambitiously comprehensive study that is a valuable contribution to president--Court studies." -- Choice"Digging deep into the archival records of presidents from Herbert Hoover to George W. Bush, Christine Nemacheck has produced a creative, fascinating, and insightful treatment of how presidents select their Supreme Court nominees. Nemacheck is the first to offer a systematic investigation of the political and institutional dynamics that underlie the White House's selection of nominees for the Court. Her account is historically nuanced and analytically sharp -- a must-read for anyone who cares about the past and future of the nation's highest court." -- Sarah A. Binder, The Brookings Institution " Strategic Selection is essential reading for anyone with an interest in the selection of Supreme Court justices. Professor Nemacheck extensively mines the presidential papers of ten presidents and draws on them to provide numerous fascinating examples.... This is a book to savor -- a wonderful achievement!" -- Sheldon Goldman, University of Massachusetts Amherst " Strategic Selection is full of interesting stories about how presidents select nominees, but rather than these stories' being the goal of Nemacheck's analysis, they are used to motivate a more systematic and analytical understanding of the president's choice. In reading this book we learn not only who is on each president's short list but also how presidents develop these lists, what role Congress plays in that process, and what factors impel presidents to choose one nominee rather than others. The result is one of the best books on the selection of Supreme Court nominees that I've read." -- Charles R. Shipan, University of Michigan Christine L. Nemacheck is Associate Professor in the Department of Government at the College of William and Mary. Constitutionalism and Democracy

Judicial Review In State Supreme Courts

Author : Laura Langer
ISBN : 0791452522
Genre : Law
File Size : 67. 25 MB
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Unveils the considerable policy-making powers of state supreme courts.

The British National Bibliography

Author : Arthur James Wells
ISBN : STANFORD:36105211722678
Genre : English literature
File Size : 68. 84 MB
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Current Publications In Legal And Related Fields

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ISBN : STANFORD:36105064159796
Genre : Bibliography
File Size : 45. 21 MB
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Mechanismen Der Politik

Author : Steffen Ganghof
ISBN : 3593377012
Genre : Germany
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