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Agenda Setting In The Supreme Court
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Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution.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.
Download or read book Deciding to Decide written by H. W. Perry and published by . This book was released on 1994-03-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.
Book Synopsis Answering the Call of the Court by : Vanessa A. Baird
Download or read book Answering the Call of the Court written by Vanessa A. Baird and published by University of Virginia Press. This book was released on 2008-08-13 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Of Time and Judicial Behavior by : Drew Noble Lanier
Download or read book Of Time and Judicial Behavior written by Drew Noble Lanier and published by Susquehanna University Press. This book was released on 2003 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the agenda setting and decision making behavior of the U.S. Supreme Court from 1888 to 1997. The study finds that economics decisions dominated the Court's docket up until the 1950s, when civil liberties cases became more prominent, and judicial power decisions remained relatively constant.
Book Synopsis Supreme Court Agenda Setting by : U. Sommer
Download or read book Supreme Court Agenda Setting written by U. Sommer and published by Springer. This book was released on 2014-05-21 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much research is devoted to the decision-making power and precedent set by the Supreme Court. Less attention, however, is given to the strategic behavior during case selection. This book argues that case selection is done strategically, and by means of various criteria - influencing its constitutional position and importance.
Book Synopsis Agenda Setting in the Supreme Court by : Ryan C. Black
Download or read book Agenda Setting in the Supreme Court written by Ryan C. Black and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, scholars have searched for data to show that Supreme Court justices are influenced not only by policy goals but also by legal considerations. Analyzing justices' agenda-setting decisions, we show that while justices are largely motivated by policy concerns, jurisprudential considerations can prevail over their policy goals. When policy goals and legal considerations collide, policy gives way. If legal considerations and policy goals align toward the same end, law liberates justices to pursue policy. In short, we find that at the intersection of law and politics, law is both a constraint on and an opportunity for justices.
Book Synopsis The Authority of the Court and the Peril of Politics by : Stephen Breyer
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Book Synopsis The Political Economy of Governance by : Norman Schofield
Download or read book The Political Economy of Governance written by Norman Schofield and published by Springer. This book was released on 2015-05-27 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the governance of nations is a key challenge in contemporaneous political economy. This book provides new advances and the latest research in the field of political economy, dealing with the study of institutions, governance, democracy and elections. The volume focuses on issues such as the role of institutions and political governance in society, the working of democracy and the electoral performance in several case studies. The chapters involve cutting edge research on many different countries, including the USA, Great Britain, Germany, Spain and the Third World. The authors of the chapters are leading scholars in political economy from America, Europe and Asia.
Download or read book Deciding to Decide written by H. W. Perry and published by . This book was released on 1987 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Supreme Court Agenda Setting by : Jeffrey Williams
Download or read book Supreme Court Agenda Setting written by Jeffrey Williams and published by . This book was released on 2006 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Solicitor General and the United States Supreme Court by : Ryan C. Black
Download or read book The Solicitor General and the United States Supreme Court written by Ryan C. Black and published by Cambridge University Press. This book was released on 2012-04-30 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process.
Book Synopsis Which Comes First? by : Mark S. Hurwitz
Download or read book Which Comes First? written by Mark S. Hurwitz and published by . This book was released on 1997 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Inequality written by Adam Cohen and published by Penguin. This book was released on 2021-02-23 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: “With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Book Synopsis Issue Fluidity and Agenda Setting on the United States Supreme Court by : Barbara S. Palmer
Download or read book Issue Fluidity and Agenda Setting on the United States Supreme Court written by Barbara S. Palmer and published by . This book was released on 1997 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Supreme Court Practice by : Robert L. Stern
Download or read book Supreme Court Practice written by Robert L. Stern and published by . This book was released on 1978 with total page 1322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Agenda-setting in State Courts of Last Resort by : Benjamin Soltoff
Download or read book Agenda-setting in State Courts of Last Resort written by Benjamin Soltoff and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The attention given to a specific issue area by a political institution drives the types of policies adopted by the institution. For this reason, scholars study agenda-setting and its impacts within institutions to shape issue attention. Yet much of the research on judicial agenda-setting has focused on individual behavior within the confines of the U.S. Supreme Court. This excludes the possibility of accounting for how institutional structure shapes a court's agenda as the Court's formal procedures have not changed significantly in the past 80 years. This previous research suggests that institutions themselves do not have an effect on a court's issue agenda or the types of cases it hears. On the other hand institutional differences might interact with the individual motivations of judges and litigants to influence the composition of a court's docket, but scholars have not identified these effects due to the continued focus on the U.S. Supreme Court.In this project, I develop a theory of institutional judicial agenda-setting which accounts for the motivations of justices, litigants, and interest groups, the parties which have the most influence on a court's agenda, and how institutional rules effect agenda-setting at both the macro- (e.g. a court's overall policy agenda) and micro- (e.g. whether or not an individual case is heard) levels. More specifically, the project leverages cross-state variation in state courts of last resort (COLRs) to empirically test hypotheses about how two broad aspects of COLRs -- jurisdictional rules/procedures and processes for selection and retention of justices -- interact to shape the courts' agendas. In doing so, I develop a generalized model of agenda-setting applicable to any court of last resort. I apply this framework and use new data sources to evaluate how state COLRs shape their agendas. I find that that macro-policy attention is not easily explained by institutional and strategic factors; that judges engage in sincere, not sophisticated, agenda-setting; and that campaign contributions to a state COLR justice from parties involved in litigation increases judicial access.This project offers an integrated, generalized theory of how both justices and litigants shape the judicial agenda, and is the first broad, systematic examination of agenda-setting in state courts of last resort. In the former case, the research identifies to what degree ideological and retention concerns factor into the policy attention of courts and justices' decisions to hear appellate cases, while assessing how litigants balance their desire for judicial victory with their resources and knowledge about the probability of success when facing a hostile court. In the latter case, the research examines the processes of important appellate courts and seeks to resolve the dispute over whether or not these courts are important policymaking institutions. Understanding how justices and litigants influence the agenda-setting process has implications for the strategies of these groups when deciding whether or not to appeal cases or voting to grant or deny appellate review.
Book Synopsis Join-3 Votes and Supreme Court Agenda Setting by : Ryan C. Black
Download or read book Join-3 Votes and Supreme Court Agenda Setting written by Ryan C. Black and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early twentieth century, the Rule of Four has required the assent of at least four justices for a certiorari petition to receive full review by the Supreme Court. This rule changed during the 1970s, when justices began to cast "Join-3" votes. Despite the significance of these votes, scholars have simply treated them as votes to Grant review. We analyze the conditions under which justices cast Join-3 votes and determine whether it is appropriate to treat them as Grant votes. Our results show that collegiality and uncertainty drive the decision to cast Join-3 votes and that it is inappropriate to pool Join-3 and Grant votes together. We discuss alternative coding practices for agenda-setting scholars.
