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The Supreme Court And The Attitudinal Model Revisited
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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.
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 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.
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.
Book Synopsis Strategic Behavior and Policy Choice on the U.S. Supreme Court by : Thomas H. Hammond
Download or read book Strategic Behavior and Policy Choice on the U.S. Supreme Court written by Thomas H. Hammond and published by Stanford University Press. This book was released on 2005 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Supreme Court in the American Legal System by : Jeffrey A. Segal
Download or read book The Supreme Court in the American Legal System written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2005-08 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively examines the United States legal system. While the most extensive coverage is given to the U.S. Supreme Court, the book also provides separate chapters on state courts, the U.S. District Courts, and the U.S. Courts of Appeals. The book systematically compares the effects of legal and political factors on different courts' decisions. Finally, we provide extended coverage to American legal process, with separate chapters on civil procedure, evidence, and criminal procedure.
Book Synopsis Supreme Court Confirmation Hearings and Constitutional Change by : Paul M. Collins
Download or read book Supreme Court Confirmation Hearings and Constitutional Change written by Paul M. Collins and published by Cambridge University Press. This book was released on 2013-06-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Before Supreme Court nominees are allowed to take their place on the High Court, they must face a moment of democratic reckoning by appearing before the Senate Judiciary Committee. Despite the potential this holds for public input into the direction of legal change, the hearings are routinely derided as nothing but empty rituals and political grandstanding. In this book, Paul M. Collins and Lori A. Ringhand present a contrarian view that uses both empirical data and stories culled from more than seventy years of transcripts to demonstrate that the hearings are a democratic forum for the discussion and ratification of constitutional change. As such, they are one of the ways in which 'We the People' take ownership of the Constitution by examining the core constitutional values of those permitted to interpret it on our behalf.
Book Synopsis Clashing Worldviews in the U.S. Supreme Court by : James Davids
Download or read book Clashing Worldviews in the U.S. Supreme Court written by James Davids and published by Lexington Books. This book was released on 2019-12-20 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrasting two Protestant justices who hold distinctively different worldviews, Chief Justice William H. Rehnquist and Justice Harry A. Blackmun, this book explores how each came to hold his worldview, how each applied it in Supreme Court rulings, and how it led them to differing outcomes for liberty, equality, and justice. This clash of worldviews between Rehnquist, whose religious and philosophical influences were anchored in the Reformation, and Blackmun, whose Reformation theology was modified by Enlightenment philosophy, provide the context to examine the true nature of justice, liberty, and equality and to consider how such ideals can be maintained in a society with increasingly divergent worldviews.
Book Synopsis The Judicial Process by : Christopher P. Banks
Download or read book The Judicial Process written by Christopher P. Banks and published by CQ Press. This book was released on 2015-02-19 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
Book Synopsis Decision Making and Controversies in State Supreme Courts by : Salmon A. Shomade
Download or read book Decision Making and Controversies in State Supreme Courts written by Salmon A. Shomade and published by Lexington Books. This book was released on 2018-10-15 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines state Supreme Court decision making during controversies involving religion, race, and gender skirmishes. It analyzes predominant factors influencing state Supreme Court decision making during controversies involving justices serving in these courts and confronting these crises.
Book Synopsis A Storm Over this Court by : Jeffrey D. Hockett
Download or read book A Storm Over this Court written by Jeffrey D. Hockett and published by University of Virginia Press. This book was released on 2013 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis How Judges Judge by : Brian M. Barry
Download or read book How Judges Judge written by Brian M. Barry and published by Taylor & Francis. This book was released on 2020-11-26 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
Book Synopsis Concurring Opinion Writing on the U.S. Supreme Court by : Pamela C. Corley
Download or read book Concurring Opinion Writing on the U.S. Supreme Court written by Pamela C. Corley and published by State University of New York Press. This book was released on 2010-03-24 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of concurrent opinion writing by Supreme Court justices.
Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon Jr.
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon Jr. and published by Harvard University Press. This book was released on 2018-02-19 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy. Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate. Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
Book Synopsis Values in the Supreme Court by : Rachel Cahill-O'Callaghan
Download or read book Values in the Supreme Court written by Rachel Cahill-O'Callaghan and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.
Book Synopsis The U.S. Supreme Court and Contemporary Constitutional Law: The Obama Era and Its Legacy by : Anna-Bettina Kaiser
Download or read book The U.S. Supreme Court and Contemporary Constitutional Law: The Obama Era and Its Legacy written by Anna-Bettina Kaiser and published by Nomos Verlag. This book was released on 2018-12-10 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Der Oberste Gerichtshof der USA hat gerade während der Regierungszeit Barack Obamas das amerikanische Verfassungsrecht durch mehrere wegweisende Urteile neu geprägt. Der vorliegende Band vereint Beiträge renommierter Verfassungsrechtler aus den USA und Europa, die die Entwicklungen während der Obama-Regierung und ihre anhaltende Bedeutung rekonstruieren, analysieren und erklären.
Book Synopsis The Supreme Court and American Political Development by : Ronald Kahn
Download or read book The Supreme Court and American Political Development written by Ronald Kahn and published by University Press of Kansas. This book was released on 2006-05-15 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore the developmental nature of the Court, revealing how its decision-making and legal authority evolve in response to a variety of influences: not only laws and legal precedents, but also social and political movements, election returns and regime changes, advocacy group litigation, and the interpretive community of scholars, journalists, and lawyers. Initial chapters reexamine standard approaches to the question of causation in judicial decision-making and the relationship between the Court and the ambient political order. Next, a selection of historical case studies exemplifies how the Court constructs its own authority as it defines individual rights and the powers of government. They show how interpretations of the Reconstruction amendments inform our understanding of racial discrimination, explain the undermining of affirmative action after Bakke, and consider why Roe v. Wade has yet to be overturned. They also tell how the Court has collaborated with political coalitions to produce the New Deal, Great Society, and Reagan Revolution, and why Native Americans have different citizenship rights than other Americans. These contributions encourage further debate about the nature and processes of constitutional change and invite APD scholars to think about law and the Court in more sophisticated ways.
Book Synopsis What Justices Want by : Matthew E. K. Hall
Download or read book What Justices Want written by Matthew E. K. Hall and published by Cambridge University Press. This book was released on 2018-08-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The most sophisticated theories of judicial behavior depict judges as rational actors who strategically pursue multiple goals when making decisions. However, these accounts tend to disregard the possibility that judges have heterogeneous goal preferences - that is, that different judges want different things. Integrating insights from personality psychology and economics, this book proposes a new theory of judicial behavior in which judges strategically pursue multiple goals, but their personality traits determine the relative importance of those goals. This theory is tested by analyzing the behavior of justices who served on the US Supreme Court between 1946 and 2015. Using recent advances in text-based personality measurement, Hall evaluates the influence of the 'big five' personality traits on the justices' behavior during each stage of the Court's decision-making process. What Justices Want shows that personality traits directly affect the justices' choices and moderate the influence of goal-related situational factors on justices' behavior.
