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 : 34. 67 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

A Storm Over This Court

Author : Jeffrey D. Hockett
ISBN : 9780813933757
Genre : Law
File Size : 25. 34 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.

Battle Over The Bench

Author : Amy Steigerwalt
ISBN : 9780813929989
Genre : Political Science
File Size : 54. 15 MB
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Who gets seated on the lower federal courts and why? Why are some nominees confirmed easily while others travel a long, hard road to confirmation? What role do senators and interest groups play in determining who will become a federal judge? The lower federal courts have increasingly become the final arbiters of the important political and social issues of the day. As a result, who gets seated on the bench has become a major political issue. In Battle over the Bench, Amy Steigerwalt argues that the key to understanding the dynamics of the lower court confirmation process is to examine the process itself. She offers a new analytic framework for understanding when nominations become contested, and shows when and how key actors can influence the fate of nominations and ultimately determine who will become a federal judge. Given the increasing salience of lower court decisions, it is not surprising that interest groups and partisan agendas play an important role. Steigerwalt inventories the means by which senators push through or block nominations, and why interest groups decide to support or oppose certain nominations. The politics of judicial confirmations do not end there, however. Steigerwalt also reveals how many nominees are blocked for private political reasons that have nothing to do with ideology, while senators may use their support for or opposition to nominees as bargaining chips to garner votes for their positions on unrelated issues. Battle over the Bench showcases the complex and, at times, hidden motivations driving the staffing of the federal bench.

Answering The Call Of The Court

Author : Vanessa A. Baird
ISBN : 9780813930442
Genre : Political Science
File Size : 68. 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.

Law Politics And Perception

Author : Eileen Braman
ISBN : 9780813928371
Genre : Political Science
File Size : 39. 5 MB
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Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.

Strategic Selection

Author : Christine L. Nemacheck
ISBN : UOM:39015069346768
Genre : Law
File Size : 71. 56 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 : Political Science
File Size : 35. 75 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 : 48. 55 MB
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Current Publications In Legal And Related Fields

Author :
ISBN : STANFORD:36105064159796
Genre : Bibliography
File Size : 70. 65 MB
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Constitutionalism And Democracy

Author : Richard Paul Bellamy
ISBN : STANFORD:36105064152247
Genre : Law
File Size : 24. 82 MB
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The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.

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