Amici Curiae And Strategic Behavior In State Supreme Courts

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Amici Curiae and Strategic Behavior in State Supreme Courts

Author : Scott A. Comparato
Publisher : Bloomsbury Publishing USA
Page : 191 pages
File Size : 50,9 Mb
Release : 2003-09-30
Category : Law
ISBN : 9780313059582

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Amici Curiae and Strategic Behavior in State Supreme Courts by Scott A. Comparato Pdf

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.

Strategy on the United States Supreme Court

Author : Saul Brenner
Publisher : Unknown
Page : 210 pages
File Size : 48,5 Mb
Release : 2009
Category : Judicial process
ISBN : 1107191009

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Strategy on the United States Supreme Court by Saul Brenner Pdf

This book reveals how strategic behavior - or its absence - influences the decisions of the Supreme Court and, as a result, American politics and society.

Decision Making and Controversies in State Supreme Courts

Author : Salmon A. Shomade
Publisher : Lexington Books
Page : 172 pages
File Size : 50,7 Mb
Release : 2018-10-15
Category : Law
ISBN : 9781498543002

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Decision Making and Controversies in State Supreme Courts by Salmon A. Shomade Pdf

This book examines state Supreme Court decision making during controversies involving religion, race, and gender skirmishes. It analyzes predominant factors influencing state Supreme Court decision making during controversies involving justices serving in these courts and confronting these crises.

Friends of the Supreme Court: Interest Groups and Judicial Decision Making

Author : Paul M. Collins, Jr.
Publisher : Oxford University Press
Page : 248 pages
File Size : 51,8 Mb
Release : 2008-08-15
Category : Law
ISBN : 0199707227

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Friends of the Supreme Court: Interest Groups and Judicial Decision Making by Paul M. Collins, Jr. Pdf

The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.

Oral Arguments and Decision Making on the United States Supreme Court

Author : Timothy R. Johnson
Publisher : SUNY Press
Page : 200 pages
File Size : 42,5 Mb
Release : 2004-07-15
Category : Political Science
ISBN : 0791461033

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Oral Arguments and Decision Making on the United States Supreme Court by Timothy R. Johnson Pdf

How oral arguments influence the decisions of Supreme Court justices.

Judicial Politics in the United States

Author : Mark C. Miller
Publisher : Routledge
Page : 272 pages
File Size : 50,7 Mb
Release : 2018-09-03
Category : Political Science
ISBN : 9780429973239

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Judicial Politics in the United States by Mark C. Miller Pdf

Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.

New Directions in Interest Group Politics

Author : Matt Grossmann
Publisher : Routledge
Page : 302 pages
File Size : 43,6 Mb
Release : 2013-10-23
Category : Political Science
ISBN : 9781134068951

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New Directions in Interest Group Politics by Matt Grossmann Pdf

Reflecting cutting edge scholarship but written for undergraduates, New Directions in Interest Group Politics will help students think critically about influence in the American political system. There is no shortage of fear about "the special interests" in American political debate, but reliable information about what interest groups do, who they represent, and how they influence government is often lacking. This volume, comprised of original essays by leading scholars, is designed to summarize and explain contemporary research that helps address popular questions and concerns, making studies accessible to undergraduate students and providing facts to butress informed debate. The book covers the mobilization of interest groups, their activities, and their influence. Each chapter briefly reviews research on a central question of scholarship before focusing on a particular empirical project designed to shed light on the topic. Rather than simply providing a descriptive overview, the chapters are designed to foster critical thinking by getting students to assess the role of interest groups in the American political system and supplying evidence of their effects. Importantly, a set of web resources associated with the book offer instructions for research and writing assignments. Students will be able to collect and analyze data on campaign finance, lobbying, and interest group involvement in governance. The eResource website includes materials for several classroom simulations, such as an interest group legislative battle, a Netroots convention, and a rule-making process. As they read about key questions in democratic government and current research trends, students can practice serving as interest group activists and conduct original research on topics that most interest them.

The Oxford Handbook of U.S. Judicial Behavior

Author : Lee Epstein,Stefanie A. Lindquist
Publisher : Oxford University Press
Page : 592 pages
File Size : 52,8 Mb
Release : 2017-06-08
Category : Political Science
ISBN : 9780191505355

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The Oxford Handbook of U.S. Judicial Behavior by Lee Epstein,Stefanie A. Lindquist Pdf

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.

American Judicial Process

Author : Pamela C. Corley,Artemus Ward,Wendy L. Martinek
Publisher : Routledge
Page : 666 pages
File Size : 47,9 Mb
Release : 2015-09-25
Category : Political Science
ISBN : 9781136286568

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American Judicial Process by Pamela C. Corley,Artemus Ward,Wendy L. Martinek Pdf

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.

The Judicial Process

Author : Christopher P. Banks,David M. O'Brien
Publisher : CQ Press
Page : 733 pages
File Size : 47,5 Mb
Release : 2015-02-19
Category : Political Science
ISBN : 9781483317021

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The Judicial Process by Christopher P. Banks,David M. O'Brien Pdf

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

University of Chicago Law Review: Volume 81, Number 3 - Summer 2014

Author : University of Chicago Law Review
Publisher : Quid Pro Books
Page : 598 pages
File Size : 41,8 Mb
Release : 2014-09-19
Category : Law
ISBN : 9781610278508

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University of Chicago Law Review: Volume 81, Number 3 - Summer 2014 by University of Chicago Law Review Pdf

The third issue of 2014 features three articles from recognized legal scholars, as well as extensive student research. Contents include: Articles: • Following Lower-Court Precedent, by Aaron-Andrew P. Bruhl • Constitutional Outliers, by Justin Driver • Intellectual Property versus Prizes: Reframing the Debate, by Benjamin N. Roin Review: • The Text, the Whole Text, and Nothing but the Text, So Help Me God: Un-Writing Amar's Unwritten Constitution, by Michael Stokes Paulsen Comments: • Standing on Ceremony: Can Lead Plaintiffs Claim Injury from Securities That They Did Not Purchase?, by Corey K. Brady • FISA's Fuzzy Line between Domestic and International Terrorism, by Nick Harper • The Perceived Intrusiveness of Searching Electronic Devices at the Border: An Empirical Study, by Matthew B. Kugler • Comcast Corp v Behrend and Chaos on the Ground, by Alex Parkinson • Maybe Once, Maybe Twice: Using the Rule of Lenity to Determine Whether 18 USC 924(c) Defines One Crime or Two, by F. Italia Patti • Let's Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits, by Stephen M. Payne • A Dispute Over Bona Fide Disputes in Involuntary Bankruptcy Proceedings, by Steven J. Winkelman The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School students, who serve as its editors and contribute Comments and other research. Principal articles and essays are authored by accomplished legal and economics scholars. Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

The Supreme Court in American Politics

Author : I. Unah
Publisher : Springer
Page : 223 pages
File Size : 54,9 Mb
Release : 2016-01-03
Category : Political Science
ISBN : 9780230102354

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The Supreme Court in American Politics by I. Unah Pdf

The Supreme Court's involvement in many hot political and personal conflicts makes crucial an understanding of its internal workings and evolution. This book gives students a firm historical and institutional base upon which to evaluate contemporary Supreme Court decisions and the impact of those decisions on the lives of ordinary citizens.

The State and Federal Courts

Author : Christopher P. Banks
Publisher : Bloomsbury Publishing USA
Page : 529 pages
File Size : 46,7 Mb
Release : 2017-01-26
Category : Political Science
ISBN : 9781440841460

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The State and Federal Courts by Christopher P. Banks Pdf

How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society. This single-volume work provides a comprehensive and contemporary treatment of the historical development of state and federal courts that clearly documents how they have evolved into significant political institutions. It addresses vital and highly relevant subjects such as the constitutional origins of courts, the nature of judicial selection and service, and the organization of courts and their administration. The book explains civil and criminal legal proceedings, the political impact of judicial rulings, and the restraints placed upon the exercise of judicial powers. Readers will come away with an understanding of the key principles of constitutional interpretation and judicial review as well as judicial independence, what factors affect access to courts, the underlying politics of state judicial campaigns, and the confirmation of presidential appointments to the federal bench. The book covers historical and contemporary court perspectives on major issues, such as same-sex marriage, the Affordable Care Act, campaign financing, gun rights, free speech and religious freedom, racial discrimination, affirmative action, criminal procedure and punishments, property rights, and voting rights.

(Re)presentations and Dialogue

Author : François Cooren,Alain Létourneau
Publisher : John Benjamins Publishing
Page : 366 pages
File Size : 42,6 Mb
Release : 2012-11-23
Category : Language Arts & Disciplines
ISBN : 9789027273161

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(Re)presentations and Dialogue by François Cooren,Alain Létourneau Pdf

This edited volume proposes key contributions addressing the connections between two important themes: dialogue and representation. These connections were approached or interpreted in three possible ways: 1. Dialogue as representation, 2. Normative perspectives on dialogue/representation issues, and 3. Representations of dialogue. The first interpretation -- Dialogue as representation -- consists of exploring dialogue as an activity where many things, beings or voices can be made present, whether we think in terms of ideologies, cultures, situations, collectives, roles, etc. The second interpretation – Normative perspectives on dialogue/representation issues – leads scholars to explore questions of normativity, which are often associated with the notion of dialogue, when conceived as a morally stronger form of conversation. Finally, the third interpretation – Representations of dialogue – invites us to address methodological questions related to the representation of this type of conversation. Echoing Bakhtin, contributors were invited to explore the polyphonic, heteroglot, or dialogic character of any text, discourse or interaction.

New Directions in Judicial Politics

Author : Kevin T. McGuire
Publisher : Routledge
Page : 353 pages
File Size : 52,5 Mb
Release : 2012-03-15
Category : Law
ISBN : 9781136650024

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New Directions in Judicial Politics by Kevin T. McGuire Pdf

With its often vague legal concepts and institutions that operate according to unfamiliar procedures, judicial decision-making is, in many respects, a highly enigmatic process. New Directions in Judicial Politics seeks to demystify the courts, offering readers the insights of empirical research to address questions that are of genuine interest to students. In addition to presenting a set of conclusions about the way in which courts operate, this book also models the craft of political research, illustrating how one can account for a variety of factors that might affect the courts and how they operate. The renowned scholars and teachers in this volume invite critical thinking, not only about the substance of law and courts in America, but also about the ways in which we study judicial politics.