Author: Theodore Lewis BeckerPublisher: New York : Oxford University Press
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 262
Book Description
The Impact of Supreme Court Decisions
Author: Theodore Lewis BeckerPublisher: New York : Oxford University Press
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 262
Book Description
The Impact of Supreme Court Decisions. Empirical Studies
Author: The Impact of Supreme Court Decisions
Author: Theodore Lewis BeckerThe Impact of Supreme Court Decisions on U. S. Institutions
Author: Colleen ErenPublisher: Routledge
ISBN: 9781003021438
Category : Social Science
Languages : en
Pages : 180
Book Description
This book bridges the disciplines of legal studies and sociology in its engaging introduction to the history, purpose, function, and influence of the Supreme Court, demonstrating through ten landmark decisions the Court's impact on the five key sociological institutions in the United States: family, education, religion, government, and economy. It gives an insightful picture of how these major decisions have additionally affected other sociological categories such as gender, sexual orientation, race, class/inequality, and deviance. The reader not only gains familiarity with foundational concepts in both sociology and constitutional law, but is given tools to decipher the legal language of Supreme Court decisions through non-intimidating abridgments of those decisions, enhancing their critical literacy. This book demonstrates the direct applicability of the Supreme Court to the lives of Americans and how landmark decisions have far-reaching repercussions that affect all of us. The Impact of Supreme Court Decisions on U.S. Institutions is essential reading for undergraduate students in social science courses as well as others interested in the workings of the justice system.
Commitment and Cooperation on High Courts
Author: Benjamin AlariePublisher: Oxford University Press
ISBN: 0199397600
Category : Law
Languages : en
Pages : 200
Book Description
Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Supreme Court Decision-Making
Author: Cornell W. ClaytonPublisher: University of Chicago Press
ISBN: 0226109550
Category : Law
Languages : en
Pages : 359
Book Description
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.
Decision Making in the U.S. Courts of Appeals
Author: Frank B. CrossPublisher: Stanford University Press
ISBN: 9780804757133
Category : Law
Languages : en
Pages : 268
Book Description
This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.
Making Law and Courts Research Relevant
Author: Brandon L. BartelsPublisher: Routledge
ISBN: 1317693469
Category : Political Science
Languages : en
Pages : 261
Book Description
One of the more enduring topics of concern for empirically-oriented scholars of law and courts—and political scientists more generally—is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years. Brandon L. Bartels and Chris W. Bonneau argue that being attuned to the normative implications of one’s work enhances the quality of empirical work, not to mention makes it substantially more interesting to both academics and non-academic practitioners. Their book’s mission is to examine how the normative implications of empirical work in law and courts can be more visible and relevant to audiences beyond academia. Written by scholars of political science, law, and sociology, the chapters in the volume offer ideas on a methodology for communicating normative implications in a balanced, nuanced, and modest manner. The contributors argue that if empirical work is strongly suggestive of certain policy or institutional changes, scholars should make those implications known so that information can be diffused. The volume consists of four sections that respectively address the general enterprise of developing normative implications of empirical research, law and decisionmaking, judicial selection, and courts in the broader political and societal context. This volume represents the start of a conversation on the topic of how the normative implications of empirical research in law and courts can be made more visible. This book will primarily interest scholars of law and courts, as well as students of judicial politics. Other subfields of political science engaging in empirical research will also find the suggestions made in the book relevant.
The View from the Bench and Chambers
Author: Jennifer Barnes BowiePublisher: University of Virginia Press
ISBN: 0813936004
Category : Political Science
Languages : en
Pages : 273
Book Description
For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.
The Politics of Precedent on the U.S. Supreme Court
Author: Thomas G. HansfordPublisher: Princeton University Press
ISBN: 0691136335
Category : History
Languages : en
Pages : 170
Book Description
The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.