The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.
Author: Lee Epstein,Jack Knight
Category: Political Science
Cram101 Textbook Reviews
Publisher: Academic Internet Pub Incorporated
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.
Author: Scott A. Comparato
Privacy Rights: Cases Lost and Causes Won Before the Supreme Court is a unique and timely study of the judicial process as it confronts four privacy issues: birth control, gay rights, abortion, and the right to die. The moral questions surrounding these subjects create intense and enduring debates about the scope and limits of the right to privacy. In four historic cases the right to privacy was struck down by the Supreme Court; in four later cases these rulings were overturned. Why? This book explains the original failure by analyzing attorneys' mistakes, miscommunication in the judicial conference, attitudes and policy predilections of the justices, and the negative attitudes of state officials and interest groups. The ultimate win for privacy rights is an exciting story involving well-known cases like Lawrence v. Texas, Planned Parenthood v. Casey, Griswold v. Connecticut, and the case of Terri Schiavo. Through the personal and legal details of these dramatic stories, the debate on privacy rights comes alive.
Cases Lost and Causes Won Before the Supreme Court
Author: Alice Fleetwood Bartee
Publisher: Rowman & Littlefield
He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."
Repairing the Supreme Court Appointments Process
Author: Christopher L. Eisgruber
Publisher: Princeton University Press
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author: Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira
Publisher: OUP Oxford
Category: Political Science
The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience. This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.
Introduction and the Colonial Era
Author: Howard Gillman,Mark A. Graber,Keith E. Whittington
Publisher: Oxford University Press, USA
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.
Author: Lee Epstein,Andrew D. Martin
Publisher: OUP Oxford
The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court
The Last Law Lords and the Supreme Court
Author: Alan Paterson
Publisher: Bloomsbury Publishing
This constitutional law casebook sets its reprints of judicial opinions within the overall political contexts of disputes over separation of powers. In addition to traditional presentation of ruling excerpts, Epstein (political science and law, Washington U.) and Walker (political science, Emory U.)
Institutional powers and constraints
Author: Lee Epstein,Thomas G. Walker
Publisher: Cq Press
Available in two formats — a single, hardback volume or two paperback volumes — American Constitutional Law is the only book that develops constitutional law in the comprehensive sense. The book contains an analysis and excerpts of court decisions but also: highlights the efforts of legislatures, executives, the states, and the general public to participate in an ongoing political dialogue rather than passively receiving a series of unilateral judicial commands, covers all new developments in case law, congressional statutes, presidential policies, and initiatives undertaken by states under their own constitutions, adds a substantially revised chapter on equal protection that addresses immigration law and the rights of aliens, and includes readings not only from cases but congressional floor debates, committee reports, committee hearings, presidential vetoes and other statements, state actions, Federalist papers, and professional journals. Unlike other textbooks, American Constitutional Law illustrates how judicial and non-judicial forces intersect to shape and decide legal doctrines and practices. Compared to other texts, this book offers more citations to earlier decisions, allowing the student (and professor) to better understand the process of trial and error used to develop constitutional principles. Fisher and Harriger cover state involvement in constitutional law by offering examples of how states often depart from U.S. Supreme Court doctrines by interpreting their own constitutions.
Author: Louis Fisher,Katy Jean Harriger
The Choices We Make is a book that tells a compelling story about bad relationship choices that resulted in enormous consequences. This book emphasizes the importance of self-love, a key element to making good relationship choices. You will be provided with insight on "People Types that mean you no good and "Games People Play" that have nothing to do with love. There are tips and tools in the Relationship Lab to educate men and women on how to avoid bad relationships with the wrong people. This book intends to transform the way you think about the relationship choices you make.
Author: Robert T. Gardner Jr.
Publisher: Xlibris Corporation
Category: Family & Relationships
This is a hopeful but complicated era for those with ambitions to reform the juvenile courts and youth-serving public institutions in the United States. As advocates plea for major reforms, many fear the public backlash in making dramatic changes. Choosing the Future for American Juvenile Justice provides a look at the recent trends in juvenile justice as well as suggestions for reforms and policy changes in the future. Should youth be treated as adults when they break the law? How can youth be deterred from crime? What factors should be considered in how youth are punished?What role should the police have in schools? This essential volume, edited by two of the leading scholars on juvenile justice, and with contributors who are among the key experts on each issue, the volume focuses on the most pressing issues of the day: the impact of neuroscience on our understanding of brain development and subsequent sentencing, the relationship of schools and the police, the issue of the school-to-prison pipeline, the impact of immigration, the privacy of juvenile records, and the need for national policies—including registration requirements--for juvenile sex offenders. Choosing the Future for American Juvenile Justice is not only a timely collection, based on the most current research, but also a forward-thinking volume that anticipates the needs for substantive and future changes in juvenile justice.
Author: Franklin E. Zimring,David S. Tanenhaus
Publisher: NYU Press
Category: Social Science
This text explores the place to locate the cut between those inequalities for which it is fair to hold one responsible, and those for which it is not. The argument traces a thread of intellectual history, identifying a rejection of strong property rights which we inherit from Locke, and find in contemporary defenders of entitlements such as Nozick.
Author: R. Robinson
Category: Political Science
Author: Jack Knight
Publisher: Mohr Siebeck
Category: Political Science
The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.
Author: Eyal Zamir,Doron Teichman
Publisher: Oxford University Press
Category: Business & Economics
This classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it displays the role of the U.S. Supreme Court as a legal AND political institution and as a major player in American government. Features 10 cases decided in 2000; several quick-reference charts, tables, graphs, and maps; and an easy-access section on "How to Read a Supreme Court Case." Introduction: A Political Supreme Court. Jurisdiction and Organization of the Federal Courts. The Constitution, the Supreme Court, and Judicial Congress, the Court, and the President. Federalism. The Electoral Process. The Commerce Clause. National Taxing and Spending Power. Property Rights and the Development of Due Process. Criminal Justice and the Nationalization of the Bill of Rights (drive for a Bill of Rights; nationalization of the Bill of Rights; the exclusionary rule; searches and seizures; right to counsel and self-incrimination; capital punishment). Freedom of Expression (internal security; protest and symbolic speech; freedom of association; print and electronic media). Religious Liberty. Privacy. Equal Protection of the Laws. For those interested in American Constitutional Law, Civil Rights and Civil Liberties, American Constitutional History or Development.
Introductory Essays and Selected Cases
Author: Alpheus Thomas Mason,D. Grier Stephenson
Category: Constitutional law
Category: Documents librarians