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Us Supreme Court Opinions And Their Audiences
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Book Synopsis US Supreme Court Opinions and their Audiences by : Ryan C. Black
Download or read book US Supreme Court Opinions and their Audiences written by Ryan C. Black and published by Cambridge University Press. This book was released on 2016-04-07 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study specifically to investigate the extent to which US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences. The authors examine this dynamic by creating a unique measure of opinion clarity and then testing whether the Court writes clearer opinions when it faces ideologically hostile and ideologically scattered lower federal courts; when it decides cases involving poorly performing federal agencies; when it decides cases involving states with less professionalized legislatures and governors; and when it rules against public opinion. The data shows the Court writes clearer opinions in every one of these contexts, and demonstrates that actors are more likely to comply with clearer Court opinions.
Book Synopsis US Supreme Court Opinions and Their Audiences by : Ryan C. Black
Download or read book US Supreme Court Opinions and Their Audiences written by Ryan C. Black and published by . This book was released on 2016 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of how US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences.
Book Synopsis US Supreme Court Opinions and Their Audiences by : Ryan C. Black
Download or read book US Supreme Court Opinions and Their Audiences written by Ryan C. Black and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is the first study specifically to investigate the extent to which US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences. The authors examine this dynamic by creating a unique measure of opinion clarity and then testing whether the Court writes clearer opinions when it faces ideologically hostile and ideologically scattered lower federal courts; when it decides cases involving poorly performing federal agencies; when it decides cases involving states with less professionalized legislatures and governors; and when it rules against public opinion. The data shows the Court writes clearer opinions in every one of these contexts, and demonstrates that actors are more likely to comply with clearer Court opinions"--
Book Synopsis Creating the Law by : Michael K. Romano
Download or read book Creating the Law written by Michael K. Romano and published by Routledge. This book was released on 2019-08-30 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.
Book Synopsis In the Opinion of the Court by : William Domnarski
Download or read book In the Opinion of the Court written by William Domnarski and published by University of Illinois Press. This book was released on 1996 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.
Book Synopsis Judges and Their Audiences by : Lawrence Baum
Download or read book Judges and Their Audiences written by Lawrence Baum and published by Princeton University Press. This book was released on 2009-01-10 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.
Book Synopsis The U.S. Supreme Court: A Very Short Introduction by : Linda Greenhouse
Download or read book The U.S. Supreme Court: A Very Short Introduction written by Linda Greenhouse and published by Oxford University Press. This book was released on 2023-08-18 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very Short Introductions: Brilliant, Sharp, Inspiring For 30 years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show readers how the Supreme Court really works. Greenhouse offers a fascinating institutional biography of a place and its people--men and women who exercise great power but whose names and faces are unrecognized by many Americans and whose work often appears cloaked in mystery. How do cases get to the Supreme Court? How do the justices go about deciding them? What special role does the chief justice play? What do the law clerks do? How does the court relate to the other branches of government? Greenhouse answers these questions by depicting the justices as they confront deep constitutional issues or wrestle with the meaning of confusing federal statutes. Throughout, the author examines many individual Supreme Court cases to illustrate points under discussion, including Marbury v. Madison, the seminal case which established judicial review; District of Columbia v. Heller (2008), which struck down the District of Columbia's gun-control statute and which was, surprisingly, the first time in its history that the Court issued an authoritative interpretation of the Second Amendment; and Dobbs v. Jackson Women's Health Organization (2022), which repudiated the right to abortion the Court had recognized nearly fifty years earlier in Roe v. Wade (1973). To add perspective, Greenhouse also compares the Court to foreign courts, revealing interesting differences. For instance, no other country in the world has chosen to bestow life tenure on its judges. The third edition of Greenhouse's Very Short Introduction tracks the changes in the Court's makeup over the past decade, including the landmark decisions of the Obama and Trump eras and the emergence of a conservative supermajority. A superb overview packed with telling details, this volume offers a matchless introduction to one of the pillars of American government.
Download or read book Decision written by Bernard Schwartz and published by Oxford University Press, USA. This book was released on 1997-10-30 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the Supreme Court's decision making process, based on documentary sources and interviews with justices and law clerks. Provides insight into some of the most important cases to come before the court and includes portraits of many of the justices in action.
Book Synopsis The Puzzle of Unanimity by : Pamela C. Corley
Download or read book The Puzzle of Unanimity written by Pamela C. Corley and published by Stanford University Press. This book was released on 2013-05-15 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U.S. Supreme Court database, internal court documents, and the justices' private papers, The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus. Pamela Corley, Amy Steigerwalt, and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple, concurrently-operating forces that cannot be fully accounted for by ideological attitudes. In this thorough investigation, the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences.
Book Synopsis US Supreme Court Doctrine in the State High Courts by : Michael P. Fix
Download or read book US Supreme Court Doctrine in the State High Courts written by Michael P. Fix and published by Cambridge University Press. This book was released on 2020-08-20 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents – Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago – Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.
Book Synopsis A Collection of in Chambers Opinions by the Justices of the Supreme Court of the United States by : United States. Supreme Court
Download or read book A Collection of in Chambers Opinions by the Justices of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2004 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In chambers opinions offer a unique opportunity to study the reasoning of an individual Justice sans input from the rest of the Court. These opinions also offer the only insight into the criteria used by the Justices to decide when to grant an application, as such guidelines are not contained in the Court's rules. This collection attempts to gather the in chambers opinions written from February 14, 1926 to November 18, 1998, in one publication. In addition, several indices to the opinions are provided, including chronological, alphabetical, and topical lists, lists sorted by Justice, and by disposition, and a list of cases that were orally argued in front of a Circuit Justice." -- from the Introduction, p. v.
Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Book Synopsis The Company They Keep by : Neal Devins
Download or read book The Company They Keep written by Neal Devins and published by Oxford University Press. This book was released on 2019-01-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however. As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices' ideological stances reflect the dominant views in the appointing president's party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today's partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, The Company They Keep will reshape our understanding of how political polarization occurs on the contemporary Supreme Court.
Book Synopsis Out of Order by : Sandra Day O'Connor
Download or read book Out of Order written by Sandra Day O'Connor and published by Random House Incorporated. This book was released on 2013 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The former Supreme Court justice shares stories about the history and evolution of the Supreme Court that traces the roles of key contributors while sharing the events behind important transformations.
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.
Book Synopsis Cameras in the Courtroom by : Marjorie Cohn
Download or read book Cameras in the Courtroom written by Marjorie Cohn and published by Rowman & Littlefield. This book was released on 2002 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking at the effects of both allowing and barring television coverage of legal proceedings, Cohn (the Thomas Jefferson School of Law) and Dow, a retired CBS News correspondent, examine landmark televised trials, including those of O. J. Simpson and William Kennedy Smith, and analyze the impact of CourtTV and the history of cameras in American courtrooms. Interviews with judges, attorneys, jurors, and legal scholars shed light on the subject. This paperback reprint features a new preface by the authors, on the effect of excluding television cameras from the trial of a September 11th terrorist. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis An Introduction to Constitutional Law by : Randy E. Barnett
Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
