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The Supreme Court And The Attitudinal Model
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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 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 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.
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"--
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 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.
Book Synopsis The Oxford Handbook of U.S. Judicial Behavior by : Lee Epstein
Download or read book The Oxford Handbook of U.S. Judicial Behavior written by Lee Epstein and published by Oxford University Press. This book was released on 2017 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book offers] an introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S...[This handbook] describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book."--
Book Synopsis Heterogeneity in Supreme Court Decision Making by : Brandon L. Bartels
Download or read book Heterogeneity in Supreme Court Decision Making written by Brandon L. Bartels and published by . This book was released on 2006 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: The study of Supreme Court decision making has been heavily influenced by the attitudinal model, which contends that justices' decisions are dominated by their personal policy preferences. While scholars differ in their acceptance of the attitudinal model, most assume that policy preferences exhibit a uniform impact across all situations in which justices make decisions. This assumption has allowed scholars to make broad generalizations about justices' behavior, but my dissertation argues that there exists systematic variation, or heterogeneity, in the impact of policy preferences that can be explained theoretically and tested empirically. The goal of the dissertation is to relax this uniformity assumption in order to identify and explain the extent to which the impact of justices' policy preferences on their choices varies across different situations. Using a psychologically-oriented framework, I develop a theory specifying the mechanisms--attitude strength and accountability--that explain variation in the preference-behavior relationship. I posit that situational factors associated with each mechanism influence the magnitude of preference-based behavior. Employing a multilevel modeling framework, I execute three sets of empirical analyses. In Chapter 3, I test whether hypothesized case-level factors within the Court's immediate environment have shaped preference-based behavior for portions of the Warren, Burger, and Rehnquist Courts. The results provide uniform support for some of the hypotheses across all three Court eras, uniform rejection for others, and mixed support for others. In Chapter 4, I examine the degree to which external strategic considerations--public opinion and the preferences of the other branches of government--shape preference-based behavior. The results reveal that public mood exhibits an effect contrary to expectations and ideological consensus within Congress and between Congress and the President is capable, under certain conditions, of constraining the magnitude of preference-based behavior. In Chapter 5, I test the impact of precedent-related legal considerations on the preference-behavior relationship. The results reveal that legal considerations are capable of shaping the magnitude of preference-based behavior on the Court. The theory and findings contribute to the literature by underscoring the idea that the preference-behavior relationship on the Court is shaped by the varying situations that confront the justices.
Book Synopsis Precedent in the United States Supreme Court by : Christopher J. Peters
Download or read book Precedent in the United States Supreme Court written by Christopher J. Peters and published by Springer. This book was released on 2016-09-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
Book Synopsis Amici Curiae and Strategic Behavior in State Supreme Courts by : Scott A. Comparato
Download or read book Amici Curiae and Strategic Behavior in State Supreme Courts written by Scott A. Comparato and published by Bloomsbury Publishing USA. This book was released on 2003-09-30 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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 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 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 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 Public Epistemic Authority by : Johann Moritz Laux
Download or read book Public Epistemic Authority written by Johann Moritz Laux and published by Mohr Siebeck. This book was released on 2022-06-29 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inter- and supranational courts derive their legitimacy partly from an institutional comparison: judges' legal expertise and the quality of judicial procedures justify a court's claim to authority towards other branches of government and other courts with overlapping jurisdiction. To provide a benchmark for assessing judicial outcomes that is compatible with democratic commitments, Johann Laux suggests a new normative category, Public Epistemic Authority (PEA). It builds on the mechanisms behind theories of collective intelligence and empirical research on judicial decision-making. PEA tracks judges' collective ability to reliably identify breaches of law. It focuses on cognitive tasks in adjudication. The author applies PEA to the Court of Justice of the European Union and offers suggestions for improving its institutional design.
