Supreme Court Agenda Setting

Author: U. Sommer
Publisher: Springer
ISBN: 1137398647
Size: 63.45 MB
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Supreme Court Agenda Setting from the Author: U. Sommer. Much research is devoted to the decision-making power and precedent set by the Supreme Court. Less attention, however, is given to the strategic behavior during case selection. This book argues that case selection is done strategically, and by means of various criteria - influencing its constitutional position and importance.

Deciding To Decide

Author: H. W. Perry
Publisher: Harvard University Press
ISBN: 9780674042063
Size: 48.92 MB
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Deciding To Decide from the Author: H. W. Perry. 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 Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution.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.

Answering The Call Of The Court

Author: Vanessa A. Baird
Publisher: University of Virginia Press
ISBN: 0813930448
Size: 69.42 MB
Format: PDF, Kindle
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Answering The Call Of The Court from the Author: Vanessa A. Baird. The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court’s agenda. Vanessa A. Baird’s Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices’ priorities, litigants’ strategies, and aggregate policy outputs of the U.S. Supreme Court. Most previous studies on the Supreme Court’s agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before justices choose which cases they will hear. When justices signal their interest in a particular policy area, litigants respond by sponsoring well-crafted cases in those policy areas. Approximately four to five years later, the Supreme Court’s agenda in those areas expands, with cases that are comparatively more politically important and divisive than other cases the Court hears. From issues of discrimination and free expression to welfare policy, from immigration to economic regulation, strategic supporters of litigation pay attention to the goals of Supreme Court justices and bring cases they can use to achieve those goals. Since policy making in courts is iterative, multiple well-crafted cases are needed for courts to make comprehensive policy. Baird argues that judicial policy-making power depends on the actions of policy entrepreneurs or other litigants who systematically respond to the priorities and preferences of Supreme Court justices.

Commitment And Cooperation On High Courts

Author: Benjamin Alarie
Publisher: Oxford University Press
ISBN: 0190466405
Size: 41.33 MB
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Commitment And Cooperation On High Courts from the Author: Benjamin Alarie. 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.

Judicial Review In State Supreme Courts

Author: Laura Langer
Publisher: SUNY Press
ISBN: 0791489248
Size: 37.72 MB
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Judicial Review In State Supreme Courts from the Author: Laura Langer. Unveils the considerable policy-making powers of state supreme courts.

The Oxford Handbook Of U S Judicial Behavior

Author: Lee Epstein
Publisher: Oxford University Press
ISBN: 0191505358
Size: 50.75 MB
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The Oxford Handbook Of U S Judicial Behavior from the Author: Lee Epstein. The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the 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. Consultant Editor for The Oxford Handbooks of American Politics: George C. Edwards III.

Of Time And Judicial Behavior

Author: Drew Noble Lanier
Publisher: Susquehanna University Press
ISBN: 9781575910673
Size: 67.87 MB
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Of Time And Judicial Behavior from the Author: Drew Noble Lanier. The present study examines the agenda-setting and the decision-making of the U. S. Supreme Court across a period that encompasses several wars, a Great Depression, a president's attempt to pack the Court, and changes in the Court's jurisdiction. Accordingly, it paints a broad historical picture of the Court, longer than any previous study of those aspects of its business. It provides a wealth of data on the opinions that the Court issued and what issues the Court found most compelling across more than a century of jurisprudence, adding to its value as a research tool.

Tournament Of Appeals

Author: Roy B. Flemming
Publisher: UBC Press
ISBN: 9780774810838
Size: 64.59 MB
Format: PDF, ePub
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Tournament Of Appeals from the Author: Roy B. Flemming. Canada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court chose these cases in the first place? "Tournament of Appeals" investigates the leave to appeal process in Canada and explores how and why certain cases "win" a place on the Court's agenda and others do not. Drawing from systematically collected information on the process, applications, and lawyers, Roy Flemming offers both a qualitative and quantitative explanation of how Canada's justices grant judicial review.

The Solicitor General And The United States Supreme Court

Author: Ryan C. Black
Publisher: Cambridge University Press
ISBN: 1107015294
Size: 69.92 MB
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The Solicitor General And The United States Supreme Court from the Author: Ryan C. Black. This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process.