Attitudinal Decision Making in the Supreme Court of Canada

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Author :
Publisher : UBC Press
ISBN 13 : 0774841311
Total Pages : 290 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Attitudinal Decision Making in the Supreme Court of Canada by : C. L. Ostberg

Download or read book Attitudinal Decision Making in the Supreme Court of Canada written by C. L. Ostberg and published by UBC Press. This book was released on 2011-11-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.

The Supreme Court and the Attitudinal Model Revisited

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521789714
Total Pages : 484 pages
Book Rating : 4.7/5 (897 download)

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Book Synopsis The Supreme Court and the Attitudinal Model Revisited by : Jeffrey A. Segal

Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two leading scholars of the Supreme Court explain and predict its decision making.

The Supreme Court and the Attitudinal Model

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Author :
Publisher :
ISBN 13 : 9780521422932
Total Pages : 390 pages
Book Rating : 4.4/5 (229 download)

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Book Synopsis The Supreme Court and the Attitudinal Model by : Jeffrey Allan Segal

Download or read book The Supreme Court and the Attitudinal Model written by Jeffrey Allan Segal and published by . This book was released on 1993 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The behaviour and decision-making processes of the US Supreme Court have often been examined using the legal model, which holds that Supreme Court decisions are based on the 'plain meaning' of the Constitution, the intent of the framers and precedent. This book investigates the decisions and the decision-making processes of the Supreme Court using an alternative framework: the attitudinal model, which holds that Supreme Court decisions are based on the attitudes and values of justices. Using the highly reliable US Supreme Court Judicial Data Base, compiled by Professor Spaeth, the authors examine all stages of the Court's decision-making processes, from staffing and access, to case selection, votes on the merits, opinion assignments and opinion coalitions, and judicial restraint and activism, and manage to explain and predict behaviour with a greater degree of accuracy. They also include a framework for understanding the impact of judicial decisions and the place of the Court in the American political system.

Law, Ideology, and Collegiality

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Author :
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 077353928X
Total Pages : 237 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Law, Ideology, and Collegiality by : Donald R. Songer

Download or read book Law, Ideology, and Collegiality written by Donald R. Songer and published by McGill-Queen's Press - MQUP. This book was released on 2012 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a ground-breaking study on the nature of judicial behaviour in the Supreme Court of Canada, Donald Songer, Susan Johnson, C.L. Ostberg, and Matthew Wetstein use three specific research strategies to consider the ways in which justices seek to make decisions grounded in "good law" and to show how these decisions are shaped within a collegial court. The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and measures that tap their perceived ideological tendencies to provide a critical examination of the ideological roots of judicial decision making, uncovering the complexity of contemporary judicial behaviour. Examining judicial behaviour through the lens of three different research strategies grounded in qualitative and quantitative methodologies,Law, Ideology, and Collegialitypresents compelling evidence that political ideology is a key factor in decision making and a prominent source of conflict in the Supreme Court of Canada.

The Supreme Court and the Attitudinal Model Revisited

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139936492
Total Pages : 334 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis The Supreme Court and the Attitudinal Model Revisited by : Jeffrey A. Segal

Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation of the attitudinal model as well as an authoritative critique of the legal and rational choice models. The book thoroughly reflects research done since the 1993 publication of its predecessor, as well as decisions and developments in the Supreme Court, including the momentous decision of Bush v. Gore.

Decision Making by the Modern Supreme Court

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Publisher :
ISBN 13 : 9781139090018
Total Pages : 265 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Decision Making by the Modern Supreme Court by : Richard L. Pacelle

Download or read book Decision Making by the Modern Supreme Court written by Richard L. Pacelle and published by . This book was released on 2011 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Governing from the Bench

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Publisher : UBC Press
ISBN 13 : 077482350X
Total Pages : 266 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Governing from the Bench by : Emmett Macfarlane

Download or read book Governing from the Bench written by Emmett Macfarlane and published by UBC Press. This book was released on 2013 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Supreme Court Decision-Making

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Author :
Publisher : University of Chicago Press
ISBN 13 : 0226109550
Total Pages : 359 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Supreme Court Decision-Making by : Cornell W. Clayton

Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judging on a Collegial Court

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Publisher : University of Virginia Press
ISBN 13 : 9780813926971
Total Pages : 172 pages
Book Rating : 4.9/5 (269 download)

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Book Synopsis Judging on a Collegial Court by : Virginia A. Hettinger

Download or read book Judging on a Collegial Court written by Virginia A. Hettinger and published by University of Virginia Press. This book was released on 2006 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Transformation of the Supreme Court of Canada

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Publisher : University of Toronto Press
ISBN 13 : 1442692243
Total Pages : 305 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis The Transformation of the Supreme Court of Canada by : Donald R. Songer

Download or read book The Transformation of the Supreme Court of Canada written by Donald R. Songer and published by University of Toronto Press. This book was released on 2008-12-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last half-century, the Supreme Court of Canada has undergone major upheaval. The most drastic change occurred with the adoption of the Charter of Rights in 1982, which substantially increased the Court's role in resolving controversial political and social issues. The Transformation of the Supreme Court of Canada examines the impact of institutional changes on the proceedings and decisions of the Court from 1970 to 2003. The first book on the Supreme Court to incorporate extensive in-depth interviews with former justices, this study provides both insiders' accounts of how decisions are made and an empirical analysis of more than 3,000 Court decisions. Drawing on this extensive commentary and statistical data, Donald R. Songer demonstrates that the Court has remained a politically moderate and democratic institution despite its considerable power and influence. The most comprehensive account of its kind to date, The Transformation of the Supreme Court of Canada makes a significant contribution to the literature and will be of particular interest to scholars and students of judicial behaviour and comparative law.

Supreme Court of Canada Decision-making

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Author :
Publisher : Thomson Professional Pub Canada
ISBN 13 : 9780459342838
Total Pages : 413 pages
Book Rating : 4.3/5 (428 download)

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Book Synopsis Supreme Court of Canada Decision-making by : Randall P. H. Balcome

Download or read book Supreme Court of Canada Decision-making written by Randall P. H. Balcome and published by Thomson Professional Pub Canada. This book was released on 1990 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Pioneers of Judicial Behavior

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Author :
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Pioneers of Judicial Behavior by : Nancy Maveety

Download or read book The Pioneers of Judicial Behavior written by Nancy Maveety and published by . This book was released on 2003 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVExamines the contributions of the "pioneers" of research into judicial behavior /div

An Introduction to Supreme Court Decision Making

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Author :
Publisher : Chandler Press
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis An Introduction to Supreme Court Decision Making by : Harold J. Spaeth

Download or read book An Introduction to Supreme Court Decision Making written by Harold J. Spaeth and published by Chandler Press. This book was released on 1972 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Supreme Court on Trial

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Author :
Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Supreme Court on Trial by : Kent Roach

Download or read book The Supreme Court on Trial written by Kent Roach and published by . This book was released on 2001 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?

Judicial Decision-making

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Author :
Publisher : Free Press
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Judicial Decision-making by : Glendon A. Schubert

Download or read book Judicial Decision-making written by Glendon A. Schubert and published by Free Press. This book was released on 1963 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Proportionality in Action

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Publisher : Cambridge University Press
ISBN 13 : 1108497586
Total Pages : 689 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Proportionality in Action by : Mordechai Kremnitzer

Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

John Andrew Frey

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Author :
Publisher : Praeger
ISBN 13 : 0275964558
Total Pages : 0 pages
Book Rating : 4.2/5 (759 download)

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Book Synopsis John Andrew Frey by : Charles Lopeman

Download or read book John Andrew Frey written by Charles Lopeman and published by Praeger. This book was released on 1999-10-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lopeman examines the impact advocacy of intentional judicial activism by a justice of a state supreme court can have on establishing the court as a policy maker. He examines the attitudinal model and the judicial role model of decision making and concludes that, while the attitudinal model might describe the decision-making process in the U.S. Supreme Court, the judicial role model better describes decision making in state supreme courts. This judicial role model allows the activist to transform a court into a policy maker. The traditions, recent history, and biographies of recent justices of the Indiana, West Virginia, and Ohio courts are examined to establish a significant relationship between the presence of an activist advocate justice and active policy making by the courts. These courts' decisions in cases with policy making potential are contrasted with decisions in similar cases of three state supreme courts that did not have an advocate justice. Lopeman argues that the presence of an activist advocate explains a court's transformation to active policy making, and that other apparent explanations are insufficient. He emphasizes that the motives of an activist advocate are likely to determine the permanence of policy making in the court. This volume is an important resource for political scientists, legal scholars, and other researchers involved with judicial decision making, state politics, and state constitutional law.