Search Results: the-supreme-court-and-the-attitudinal-model-revisited

The Supreme Court and the Attitudinal Model Revisited

Author: Jeffrey A. Segal,Harold J. Spaeth

Publisher: Cambridge University Press

ISBN: 9780521789714

Category: Law

Page: 459

View: 8473

Two leading scholars of the Supreme Court explain and predict its decision making.

The Supreme Court Compendium

Data, Decisions, and Developments

Author: Lee Epstein,Jeffrey A. Segal,Harold J. Spaeth,Thomas G. Walker

Publisher: CQ Press

ISBN: 148337663X

Category: Law

Page: 872

View: 9366

The Supreme Court Compendium provides historical and statistical information on the Supreme Court: its institutional development; caseload; decision trends; the background, nomination, and voting behavior of its justices; its relationship with public, governmental, and other judicial bodies; and its impact. With over 180 tables and figures, this new edition is intended to capture the full retrospective picture through the 2013-2014 term of the Roberts Court and the momentous decisions handed down within the last four years, including United States v. Windsor, National Federation of Independent Business v. Sebelius, and Shelby County v. Holder.

The Supreme Court in the American Legal System

Author: Jeffrey A. Segal,Harold J. Spaeth,Sara C. Benesh

Publisher: Cambridge University Press

ISBN: 9780521780384

Category: Law

Page: 409

View: 1051

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.

Strategic Behavior and Policy Choice on the U.S. Supreme Court

Author: Thomas H. Hammond,Chris W. Bonneau,Reginald S. Sheehan

Publisher: Stanford University Press

ISBN: 9780804751469

Category: Political Science

Page: 299

View: 3214

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.

Decision Making in the U.S. Courts of Appeals

Author: Frank B. Cross

Publisher: Stanford University Press

ISBN: 9780804757133

Category: Law

Page: 253

View: 4184

This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.

The Constitution of the United States

Author: Harold J. Spaeth,Edward Conrad Smith

Publisher: HarperCollins Publishers

ISBN: 9780837374550

Category: Study Aids

Page: 248

View: 1565

Supreme Court Confirmation Hearings and Constitutional Change

Author: Paul M. Collins,Lori A. Ringhand

Publisher: Cambridge University Press

ISBN: 1107276918

Category: Law

Page: N.A

View: 9538

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.

A Storm over This Court

Law, Politics, and Supreme Court Decision Making in Brown v. Board of Education

Author: Jeffrey D. Hockett

Publisher: University of Virginia Press

ISBN: 0813933757

Category: Law

Page: 280

View: 9035

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.

The Media, the Court, and the Misrepresentation

The New Myth of the Court

Author: Rorie Spill Solberg,Eric N. Waltenburg

Publisher: Routledge

ISBN: 1135911800

Category: Political Science

Page: 132

View: 421

The Court’s decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public’s understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court’s actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices’ "extra-curricular" activities and their retirements/deaths, and the Court’s opinions, and compare this coverage to analyses of confirmation transcripts and the Court’s full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public’s preferences for subject matter and content. The media’s portrayal, then, may undercut the Court’s legitimacy and its reservoir of good will.

Institutional Games and the U.S. Supreme Court

Author: James R. Rogers,Roy B. Flemming,Jon R. Bond

Publisher: University of Virginia Press

ISBN: 9780813934198

Category: Political Science

Page: 320

View: 9041

Over the course of the past decade, the behavioral analysis of decisions by the Supreme Court has turned to game theory to gain new insights into this important institution in American politics. Game theory highlights the role of strategic interactions between the Court and other institutions in the decisions the Court makes as well as in the relations among the justices as they make their decisions. Rather than assume that the justices’ votes reveal their sincere preferences, students of law and politics have come to examine how the strategic concerns of the justices lead to "sophisticated" behavior as they seek to maximize achievement of their goals when faced with constraints on their ability to do so. In Institutional Games and the U.S. Supreme Court, James Rogers, Roy Flemming, and Jon Bond gather various essays that use game theory to explain the Supreme Court's interactions with Congress, the states, and the lower courts. Offering new ways of understanding the complexity and consequences of these interactions, the volume joins a growing body of work that considers these influential interactions among various branches of the U.S. government. Contributors: Kenneth A. Shepsle, Andrew De Martin, James R. Rogers, Christopher Zorn, Georg Vanberg, Cliff Carrubba, Thomas Hammond, Christopher Bonneau, Reginald Sheehan, Charles Cameron, Lewis A. Kornhauser, Ethan Bueno de Mesquita, Matthew Stephenson, Stefanie A. Lindquist, Susan D. Haire, Lawrence Baum

Common law

Author: Oliver Wendell Holmes

Publisher: N.A

ISBN: 9783428121519

Category: Common law

Page: 423

View: 5613

Institutionen und gesellschaftlicher Konflikt

Author: Jack Knight

Publisher: Mohr Siebeck

ISBN: 9783161464652

Category: Political Science

Page: 252

View: 9398

The Oxford Handbook of State and Local Government

Author: Donald P. Haider-Markel

Publisher: OUP Oxford

ISBN: 0191611964

Category: Political Science

Page: 976

View: 6287

The Oxford Handbook of State and Local Government is an historic undertaking. It contains a wide range of essays that define the important questions in the field, evaluate where we are in answering them, and set the direction and terms of discourse for future work. The Handbook will have a substantial influence in defining the field for years to come. The chapters critically assess both the key works of state and local politics literature and the ways in which the sub-field has developed. It covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behavior, and policy in the American context. Each chapter outlines an agenda for future research.

The Nature and Authority of Precedent

Author: Neil Duxbury

Publisher: Cambridge University Press

ISBN: 1139470973

Category: Law

Page: N.A

View: 5922

Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.

An Introduction to Empirical Legal Research

Author: Lee Epstein,Andrew D. Martin

Publisher: OUP Oxford

ISBN: 0191646555

Category: Social Science

Page: 300

View: 3950

Is the death penalty a more effective deterrent than lengthy prison sentences? Does a judge's gender influence their decisions? Do independent judiciaries promote economic freedom? Answering such questions requires empirical evidence, and arguments based on empirical research have become an everyday part of legal practice, scholarship, and teaching. In litigation judges are confronted with empirical evidence in cases ranging from bankruptcy and taxation to criminal law and environmental infringement. In academia researchers are increasingly turning to sophisticated empirical methods to assess and challenge fundamental assumptions about the law. As empirical methods impact on traditional legal scholarship and practice, new forms of education are needed for today's lawyers. All lawyers asked to present or assess empirical arguments need to understand the fundamental principles of social science methodology that underpin sound empirical research. An Introduction to Empirical Legal Research introduces that methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results. The fundamentals of understanding quantitative and qualitative data, statistical models, and the structure of empirical arguments are explained in a way accessible to lawyers with or without formal training in statistics. Written by two of the world's leading experts in empirical legal analysis, drawing on years of experience in training lawyers in empirical methods, An Introduction to Empirical Legal Research will be an invaluable primer for all students, academics, or practising lawyers coming to empirical research - whether they are embarking themselves on an empirical research project, or engaging with empirical arguments in their field of study, research, or practice.

Climate Change Policy in North America

Designing Integration in a Regional System

Author: A. Neil Craik,Isabel Studer,Debora Van Nijnatten

Publisher: University of Toronto Press

ISBN: 1442666366

Category: Political Science

Page: 376

View: 8070

While no supranational institutions exist to govern climate change in North America, a system of cooperation among a diverse range of actors and institutions is currently emerging. Given the range of interests that influence climate policy across political boundaries, can these distinct parts be integrated into a coherent, and ultimately resilient system of regional climate cooperation? Climate Change Policy in North America is the first book to examine how cooperation respecting climate change can emerge within decentralized governance arrangements. Leading scholars from a variety of disciplines provide in-depth case studies of climate cooperation initiatives – such as emissions trading, energy cooperation, climate finance, carbon accounting and international trade – as well as analysis of the institutional, political, and economic conditions that influence climate policy integration.

The New Black

What Has Changed--and What Has Not--with Race in America

Author: Kenneth Mack,Guy-Uriel Charles

Publisher: New Press, The

ISBN: 1595587993

Category: History

Page: 256

View: 2735

Since the election of President Barack Obama, Americans have struggled to understand a world of race relations that has changed profoundly since the 60s-era struggles for equality. For this incisive, accessible volume, a group of the nation’s eminent public intellectuals explore what, in fact, has changed—or not. The contributors, including Lani Guinier, Glenn Loury, Paul Butler, Melissa Harris-Lacewell, Elizabeth Alexander, Orlando Patterson, Evelyn Brooks Higginbotham, Lawrence Bobo, and many others, took this as an invitation to think well beyond the debates prompted by the civil rights movement and its aftermath, challenging conventional wisdom on all fronts. In a book with relevance for all Americans, The New Face of Race shows how the deep social transformations since the 1960s, in such areas as immigration patterns, the image of black women, and the changing political power of African Americans and other groups, have shifted the ground beneath our feet even as the terms of debate over race and inequality have largely stayed the same. A major new effort to move this debate forward—and to address the real and persistent inequalities more effectively—this book offers a vital set of fresh ideas and intellectual tools for facing the new century.

Courts and judicial policymaking

Author: Christopher P. Banks,David M. O'Brien

Publisher: Prentice Hall

ISBN: N.A

Category: Law

Page: 376

View: 8364

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