Supreme Court Agenda Setting

Author : H. W. Perry
Publisher : Harvard University Press
Page : 332 pages
File Size : 48,8 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 Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution.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.

Author : Drew Noble Lanier
Publisher : Susquehanna University Press
Page : 284 pages
File Size : 45,6 Mb
Release : 2003
Category : History
ISBN : 1575910675

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Of Time and Judicial Behavior by Drew Noble Lanier Pdf

This study examines the agenda setting and decision making behavior of the U.S. Supreme Court from 1888 to 1997. The study finds that economics decisions dominated the Court's docket up until the 1950s, when civil liberties cases became more prominent, and judicial power decisions remained relatively constant.

Author : U. Sommer
Publisher : Springer
Page : 280 pages
File Size : 51,8 Mb
Release : 2014-05-21
Category : Political Science
ISBN : 9781137398642

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Supreme Court Agenda Setting by U. Sommer Pdf

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.

Author : Vanessa A. Baird
Publisher : University of Virginia Press
Page : 242 pages
File Size : 49,8 Mb
Release : 2008-08-13
Category : Political Science
ISBN : 9780813930442

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Answering the Call of the Court by Vanessa A. Baird Pdf

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.

Author : David J. Danelski,Artemus Ward
Publisher : University of Michigan Press
Page : 465 pages
File Size : 48,7 Mb
Release : 2016-08-05
Category : Political Science
ISBN : 9780472119912

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The Chief Justice by David J. Danelski,Artemus Ward Pdf

Scholars use the most advanced methods in judicial studies to examine the role of Chief Justice of the U.S. Supreme Court

Author : Stephen Breyer
Publisher : Harvard University Press
Page : 113 pages
File Size : 45,8 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.

Author : Ian Millhiser
Publisher : Unknown
Page : 128 pages
File Size : 54,6 Mb
Release : 2021-03-30
Category : Law
ISBN : 1734420766

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The Agenda by Ian Millhiser Pdf

From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.

Author : Ryan C. Black,Ryan J. Owens
Publisher : Cambridge University Press
Page : 193 pages
File Size : 50,8 Mb
Release : 2012-04-30
Category : Law
ISBN : 9781107015296

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The Solicitor General and the United States Supreme Court by Ryan C. Black,Ryan J. Owens Pdf

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.

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 53,8 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.

Author : U. Sommer
Publisher : Springer
Page : 186 pages
File Size : 45,9 Mb
Release : 2014-05-21
Category : Political Science
ISBN : 9781137398642

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Supreme Court Agenda Setting by U. Sommer Pdf

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.

Author : Roy B. Flemming
Publisher : UBC Press
Page : 146 pages
File Size : 45,6 Mb
Release : 2004
Category : Law
ISBN : 0774810831

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Tournament of Appeals by Roy B. Flemming Pdf

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 choose these cases in the first place? From the several hundred requests for judicial review filed every year, how and why do the justices pick some cases but not others for review? 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. Taking the approach that the process mimics a sports tournament, this study raises several vital questions. For example, is there an elite Supreme Court "bar" that routinely wins the tournament? Do the Court's rules affect the tournament's outcomes? Or does winning and losing reflect the resources of the parties? As players in this tournament, how do the judges play the game and how does it affect their votes to grant or deny judicial review? Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada's Supreme Court, Roy B. Flemming offers both a qualitatively- and quantitatively-based explanation of how Canada's justices grant judicial review. The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth, and European countries whose high courts share many features of the appeals process in Canada.

Author : Ryan C. Black,Ryan J. Owens,Justin Wedeking,Patrick C. Wohlfarth
Publisher : Cambridge University Press
Page : 371 pages
File Size : 49,6 Mb
Release : 2019-11-21
Category : Law
ISBN : 9781107168718

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The Conscientious Justice by Ryan C. Black,Ryan J. Owens,Justin Wedeking,Patrick C. Wohlfarth Pdf

Reveals how Supreme Court justices' personalities, particularly conscientiousness, influence the Law, the High Court, and the Constitution.

Author : Randy J. Kozel
Publisher : Cambridge University Press
Page : 191 pages
File Size : 52,7 Mb
Release : 2017-06-06
Category : Law
ISBN : 9781107127531

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Settled Versus Right by Randy J. Kozel Pdf

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Author : Rorie Spill Solberg,Jennifer Segal Diascro,Eric Waltenburg
Publisher : Unknown
Page : 128 pages
File Size : 51,9 Mb
Release : 2020
Category : Law
ISBN : OCLC:1235769601

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Open Judicial Politics by Rorie Spill Solberg,Jennifer Segal Diascro,Eric Waltenburg Pdf

Author : Norman Schofield,Gonzalo Caballero
Publisher : Springer
Page : 393 pages
File Size : 44,7 Mb
Release : 2015-05-27
Category : Business & Economics
ISBN : 9783319155517

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The Political Economy of Governance by Norman Schofield,Gonzalo Caballero Pdf

Understanding the governance of nations is a key challenge in contemporaneous political economy. This book provides new advances and the latest research in the field of political economy, dealing with the study of institutions, governance, democracy and elections. The volume focuses on issues such as the role of institutions and political governance in society, the working of democracy and the electoral performance in several case studies. The chapters involve cutting edge research on many different countries, including the USA, Great Britain, Germany, Spain and the Third World. The authors of the chapters are leading scholars in political economy from America, Europe and Asia.