strategic behavior and policy choice on the u s supreme court

Download Book Strategic Behavior And Policy Choice On The U S Supreme Court in PDF format. You can Read Online Strategic Behavior And Policy Choice On The U S Supreme Court here in PDF, EPUB, Mobi or Docx formats.

Strategic Behavior And Policy Choice On The U S Supreme Court

Author : Thomas H. Hammond
ISBN : 0804751463
Genre : Political Science
File Size : 35. 67 MB
Format : PDF, Mobi
Download : 421
Read : 521

Get This Book


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.

The Chief Justice

Author : David J Danelski
ISBN : 9780472119912
Genre : Law
File Size : 35. 98 MB
Format : PDF
Download : 976
Read : 343

Get This Book


Scholars use the most advanced methods in judicial studies to examine the role of Chief Justice of the U.S. Supreme Court

Oral Arguments And Coalition Formation On The U S Supreme Court

Author : Ryan C. Black,
ISBN : 9780472118465
Genre : Law
File Size : 35. 36 MB
Format : PDF
Download : 638
Read : 987

Get This Book


Oral arguments are a key aspect of the Supreme Court's decision-making process

Institutional Games And The U S Supreme Court

Author : James R. Rogers
ISBN : 0813934192
Genre : Political Science
File Size : 90. 17 MB
Format : PDF, Docs
Download : 237
Read : 1006

Get This Book


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

Amici Curiae And Strategic Behavior In State Supreme Courts

Author : Scott A. Comparato
ISBN : 9780313059582
Genre : Law
File Size : 79. 22 MB
Format : PDF, Mobi
Download : 231
Read : 667

Get This Book


Applying strategic approaches to both interest groups as amici curiae and state supreme court justices, Comparato investigates the influence of judicial retention methods and the ballot initiative on their behaivor. The results demonstrate that they behave strategically, attempting to achieve their goals within the confines of the institutional setting. What impact do state-level institutions have on the behavior of state supreme court justices and interest groups participating as amici curiae in those courts? Specifically, is the information provided by interest groups conditioned on the judicial retention system, or whether the state uses the ballot initiative, and does that information impact the decision-making process of the justices? Comparato answers these questions by employing strategic theories of judicial and group behavior, with groups motivated by the attainment of policy and group maintenance, and state supreme court justices motivated by policy and the continued maintenance of their position on the court. He argues that the information provided in amicus curiae briefs allows both groups and state supreme court justices to achieve their respective goals. In order to answer these questions, Comparto analyzes litigant and amicus curiae briefs as well as judicial decisions from seven state supreme courts to evaluate the effects of state-level institutions on the types of information provided to state supreme court justices, and how those justices respond to that information. The results suggest that interest groups do behave strategically, providing information to justices that they believe will be useful in helping the justices retain their seats on the court and achieve their desired policy outcomes. There is also support for the expectation that the information provided by litigants and amici, as well as the retention method, have a direct impact on the decision-making of justices.

Judging On A Collegial Court

Author : Virginia A. Hettinger
ISBN : 0813926971
Genre : Law
File Size : 24. 59 MB
Format : PDF, ePub, Mobi
Download : 516
Read : 639

Get This Book


Dissensus is often viewed in the professional world as a starting point for collaboration; rather than leaving decisions to just one person, dissent offers the opportunity to rethink or reinvent an idea, leading, one hopes, to a better result. When dissensus occurs in a federal court, however, it raises the question of whether this difference of opinion maintains the integrity of the judiciary or undermines its legitimacy. In Judging on a Collegial Court: Influences on Federal Appellate Decision Making, Virginia Hettinger, Stefanie Lindquist, and Wendy Martinek examine the dynamic that gives rise to such dissensus in federal appeals courts, revealing how the appellate process shapes the content and the consistency of the law. The authors examine horizontal dissensus in the minority of cases in which there are dissenting or concurring—as opposed to unanimous—opinions. Primarily investigating why judges on the appeals courts agree or disagree with one another regarding the outcomes of the cases before them, the authors also examine vertical dissensus and ask why judges affirm or reverse lower court judges whose cases are decided on appeal. Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.

Final Judgment

Author : Alan Paterson
ISBN : 9781782252788
Genre : Law
File Size : 48. 82 MB
Format : PDF, ePub
Download : 198
Read : 998

Get This Book


The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court

The Choices Justices Make

Author : Lee Epstein
ISBN : 9781483304854
Genre : Political Science
File Size : 77. 13 MB
Format : PDF, Docs
Download : 531
Read : 527

Get This Book


The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.

Of Time And Judicial Behavior

Author : Drew Noble Lanier
ISBN : 1575910675
Genre : Law
File Size : 65. 64 MB
Format : PDF, Kindle
Download : 554
Read : 404

Get This Book


The present study examines the agenda-setting and the decision-making of the U. S. Supreme Court across a period that encompasses several wars, a Great Depression, a president's attempt to pack the Court, and changes in the Court's jurisdiction. Accordingly, it paints a broad historical picture of the Court, longer than any previous study of those aspects of its business. It provides a wealth of data on the opinions that the Court issued and what issues the Court found most compelling across more than a century of jurisprudence, adding to its value as a research tool.

Making Law And Courts Research Relevant

Author : Brandon L. Bartels
ISBN : 9781317693451
Genre : Political Science
File Size : 89. 50 MB
Format : PDF, ePub, Docs
Download : 681
Read : 243

Get This Book


One of the more enduring topics of concern for empirically-oriented scholars of law and courts—and political scientists more generally—is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years. Brandon L. Bartels and Chris W. Bonneau argue that being attuned to the normative implications of one’s work enhances the quality of empirical work, not to mention makes it substantially more interesting to both academics and non-academic practitioners. Their book’s mission is to examine how the normative implications of empirical work in law and courts can be more visible and relevant to audiences beyond academia. Written by scholars of political science, law, and sociology, the chapters in the volume offer ideas on a methodology for communicating normative implications in a balanced, nuanced, and modest manner. The contributors argue that if empirical work is strongly suggestive of certain policy or institutional changes, scholars should make those implications known so that information can be diffused. The volume consists of four sections that respectively address the general enterprise of developing normative implications of empirical research, law and decisionmaking, judicial selection, and courts in the broader political and societal context. This volume represents the start of a conversation on the topic of how the normative implications of empirical research in law and courts can be made more visible. This book will primarily interest scholars of law and courts, as well as students of judicial politics. Other subfields of political science engaging in empirical research will also find the suggestions made in the book relevant.

Top Download:

Best Books