Making The Supreme Court

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Supreme Court Decision-Making

Cornell W. Clayton,Howard Gillman
Supreme Court Decision Making Book PDF

Author : Cornell W. Clayton,Howard Gillman
Publisher : University of Chicago Press
Page : 359 pages
File Size : 51,9 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.

Oral Arguments and Decision Making on the United States Supreme Court

Timothy R. Johnson
Oral Arguments and Decision Making on the United States Supreme Court Book PDF

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.

Governing from the Bench

Emmett Macfarlane
Governing from the Bench Book PDF

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 46,5 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.

Attitudinal Decision Making in the Supreme Court of Canada

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

Author : C. L. Ostberg,Matthew E. Wetstein
Publisher : UBC Press
Page : 290 pages
File Size : 49,7 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.

Making the Supreme Court

Charles Metz Cameron,Jonathan P. Kastellec
Making the Supreme Court Book PDF

Author : Charles Metz Cameron,Jonathan P. Kastellec
Publisher : Unknown
Page : 0 pages
File Size : 42,7 Mb
Release : 2023
Category : Judges
ISBN : 0197680569

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Making the Supreme Court by Charles Metz Cameron,Jonathan P. Kastellec Pdf

In Making the Supreme Court, Charles M. Cameron and Jonathan P. Kastellec examine 90 years of American political history to show how the growth of federal judicial power from the 1930s onward inspired a multitude of groups struggling to shape judicial policy. As Cameron and Kastellec argue, the result is a new politics aimed squarely at selecting and placing judicial ideologues on the Court. They make the case that this new model gradually transformed how the Court itself operates, turning it into an ideologically driven and polarized branch. Based on rich data and qualitative evidence, Making.

Ethical Principles for Judges

Canadian Judicial Council
Ethical Principles for Judges Book PDF

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 45,7 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.

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

Paul M. Collins, Jr.
Friends of the Supreme Court Interest Groups and Judicial Decision Making Book PDF

Author : Paul M. Collins, Jr.
Publisher : Oxford University Press
Page : 248 pages
File Size : 52,9 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.

Making the Supreme Court

Charles Metz Cameron,Jonathan P. Kastellec
Making the Supreme Court Book PDF

Author : Charles Metz Cameron,Jonathan P. Kastellec
Publisher : Unknown
Page : 0 pages
File Size : 54,8 Mb
Release : 2023
Category : Judges
ISBN : 0197680550

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Making the Supreme Court by Charles Metz Cameron,Jonathan P. Kastellec Pdf

"Making the Supreme Court: The Politics of Appointments 1930--2020 tells the story of 90 years of Supreme Court appointments. It examines what happened, why it happened, the consequences for the Supreme Court, the future of appointments, and the prospects for reform. Based on massive data combined with rich qualitative evidence, Making the Supreme Court employs new theories, cutting-edge technique, and a novel perspective on political institutions. Finally, it provides a sharp lens on the social and political transformations that created a new American politics. It will appeal not only to students of the Supreme Court but to anyone concerned with the origins and future of American politics"--

Decision Making and Controversies in State Supreme Courts

Salmon A. Shomade
Decision Making and Controversies in State Supreme Courts Book PDF

Author : Salmon A. Shomade
Publisher : Lexington Books
Page : 172 pages
File Size : 46,7 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.

The Transformation of the Supreme Court of Canada

Donald R. Songer
The Transformation of the Supreme Court of Canada Book PDF

Author : Donald R. Songer
Publisher : University of Toronto Press
Page : 305 pages
File Size : 42,9 Mb
Release : 2008-12-27
Category : Law
ISBN : 9781442692244

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The Transformation of the Supreme Court of Canada by Donald R. Songer Pdf

In the last half-century, the Supreme Court of Canada has undergone major upheaval. The most drastic change occurred with the adoption of the Charter of Rights in 1982, which substantially increased the Court's role in resolving controversial political and social issues. The Transformation of the Supreme Court of Canada examines the impact of institutional changes on the proceedings and decisions of the Court from 1970 to 2003. The first book on the Supreme Court to incorporate extensive in-depth interviews with former justices, this study provides both insiders' accounts of how decisions are made and an empirical analysis of more than 3,000 Court decisions. Drawing on this extensive commentary and statistical data, Donald R. Songer demonstrates that the Court has remained a politically moderate and democratic institution despite its considerable power and influence. The most comprehensive account of its kind to date, The Transformation of the Supreme Court of Canada makes a significant contribution to the literature and will be of particular interest to scholars and students of judicial behaviour and comparative law.

The Rule of Five

Richard J. Lazarus
The Rule of Five Book PDF

Author : Richard J. Lazarus
Publisher : Belknap Press
Page : 369 pages
File Size : 45,9 Mb
Release : 2020
Category : Law
ISBN : 9780674238121

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The Rule of Five by Richard J. Lazarus Pdf

A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.

The Authority of the Court and the Peril of Politics

Stephen Breyer
The Authority of the Court and the Peril of Politics Book PDF

Author : Stephen Breyer
Publisher : Harvard University Press
Page : 113 pages
File Size : 47,8 Mb
Release : 2021-09-14
Category : Law
ISBN : 9780674269361

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The Authority of the Court and the Peril of Politics by Stephen Breyer Pdf

A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Making Our Democracy Work

Stephen Breyer
Making Our Democracy Work Book PDF

Author : Stephen Breyer
Publisher : Vintage
Page : 290 pages
File Size : 55,8 Mb
Release : 2011-09-13
Category : Political Science
ISBN : 9780307390837

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Making Our Democracy Work by Stephen Breyer Pdf

Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.

Commitment and Cooperation on High Courts

Benjamin Alarie,Andrew J. Green
Commitment and Cooperation on High Courts Book PDF

Author : Benjamin Alarie,Andrew J. Green
Publisher : Oxford University Press
Page : 200 pages
File Size : 50,8 Mb
Release : 2017-07-25
Category : Law
ISBN : 9780190466404

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Commitment and Cooperation on High Courts by Benjamin Alarie,Andrew J. Green Pdf

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.

The Case Against the Supreme Court

Erwin Chemerinsky
The Case Against the Supreme Court Book PDF

Author : Erwin Chemerinsky
Publisher : Penguin Books
Page : 402 pages
File Size : 51,5 Mb
Release : 2015-09-29
Category : History
ISBN : 9780143128007

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The Case Against the Supreme Court by Erwin Chemerinsky Pdf

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.