Friends Of The Supreme Court Interest Groups And Judicial Decision Making

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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 : 50,9 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.

Friends of the Court

Author : Ian Brodie
Publisher : State University of New York Press
Page : 183 pages
File Size : 52,8 Mb
Release : 2012-02-01
Category : Law
ISBN : 9780791488966

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Friends of the Court by Ian Brodie Pdf

Studies interest group litigation in Canada.

Attitudinal Decision Making in the Supreme Court of Canada

Author : C. L. Ostberg,Matthew E. Wetstein
Publisher : UBC Press
Page : 290 pages
File Size : 54,9 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774841313

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Attitudinal Decision Making in the Supreme Court of Canada by C. L. Ostberg,Matthew E. Wetstein Pdf

This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.

Amici Curiae and Strategic Behavior in State Supreme Courts

Author : Scott A. Comparato
Publisher : Bloomsbury Publishing USA
Page : 191 pages
File Size : 46,5 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.

Governing from the Bench

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 40,8 Mb
Release : 2013
Category : History
ISBN : 9780774823500

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Governing from the Bench by Emmett Macfarlane Pdf

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Judges and Their Audiences

Author : Lawrence Baum
Publisher : Princeton University Press
Page : 246 pages
File Size : 48,7 Mb
Release : 2009-01-10
Category : Law
ISBN : 9781400827541

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Judges and Their Audiences by Lawrence Baum Pdf

What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.

Supreme Court Decision-Making

Author : Cornell W. Clayton,Howard Gillman
Publisher : University of Chicago Press
Page : 359 pages
File Size : 53,7 Mb
Release : 1999
Category : Law
ISBN : 9780226109558

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Supreme Court Decision-Making by Cornell W. Clayton,Howard Gillman Pdf

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.

The President and the Supreme Court

Author : Paul M. Collins, Jr,Matthew Eshbaugh-Soha
Publisher : Cambridge University Press
Page : 287 pages
File Size : 40,9 Mb
Release : 2020-01-09
Category : Law
ISBN : 9781108498487

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The President and the Supreme Court by Paul M. Collins, Jr,Matthew Eshbaugh-Soha Pdf

Examines the relationship between the president and the Supreme Court, including how presidents view the norm of judicial independence.

Ethical Principles for Judges

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 40,7 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Judicial Power and Canadian Democracy

Author : Paul Howe,Peter H. Russell
Publisher : McGill-Queen's Press - MQUP
Page : 356 pages
File Size : 44,5 Mb
Release : 2001
Category : Law
ISBN : 0773522255

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Judicial Power and Canadian Democracy by Paul Howe,Peter H. Russell Pdf

Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.

The Pioneers of Judicial Behavior

Author : Nancy L. Maveety
Publisher : University of Michigan Press
Page : 446 pages
File Size : 49,9 Mb
Release : 2009-11-16
Category : Law
ISBN : 9780472024209

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The Pioneers of Judicial Behavior by Nancy L. Maveety Pdf

In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro. Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial behavior--attitudinal, strategic, and historical-institutionalist--and shows how the research of these foundational scholars has contributed to contemporary debates about how to conceptualize judges as policy makers. Chapters utilize correspondence of and interviews with some early scholars, and provide a format to connect the concerns and controversies of the first political scientists of law and courts to contemporary challenges and methodological debates among today's judicial scholars. The volume's purpose in looking back is to look forward: to contribute to an ecumenical research agenda on judicial decision making, and, ultimately, to the generation of a unified, general theory of judicial behavior. The Pioneers of Judicial Behavior will be of interest to graduate students in the law and courts field, political scientists interested in the philosophy of social science and the history of the discipline, legal practitioners and researchers, and political commentators interested in academic theorizing about public policy making. Nancy L. Maveety is Associate Professor of Political Science, Tulane University.

Deciding to Decide

Author : H. W. Perry
Publisher : Harvard University Press
Page : 332 pages
File Size : 53,5 Mb
Release : 2009-06-01
Category : Political Science
ISBN : 0674042069

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Deciding to Decide by H. W. Perry Pdf

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.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 43,7 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Interest Groups and Elections in Canada

Author : F. Leslie Seidle
Publisher : Dundurn
Page : 149 pages
File Size : 43,9 Mb
Release : 1991-01-01
Category : Political Science
ISBN : 9781459718876

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Interest Groups and Elections in Canada by F. Leslie Seidle Pdf

The two studies in this book explore the nature and influence of special interest groups. They consider different aspects of the question, "In the context of the Canadian Charter of Rights and Freedoms, how can the laws intended to secure a fair electoral process be reconciled with freedom of expression?"

Contested Constitutionalism

Author : James B. Kelly,Christopher P. Manfredi
Publisher : UBC Press
Page : 650 pages
File Size : 52,6 Mb
Release : 2010
Category : Law
ISBN : 9780774816762

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Contested Constitutionalism by James B. Kelly,Christopher P. Manfredi Pdf

The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.