The Puzzle Of Unanimity

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The Puzzle of Unanimity

Author : Pamela C. Corley,Amy Steigerwalt,Artemus Ward
Publisher : Stanford University Press
Page : 216 pages
File Size : 45,6 Mb
Release : 2013-05-15
Category : Law
ISBN : 9780804786324

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The Puzzle of Unanimity by Pamela C. Corley,Amy Steigerwalt,Artemus Ward Pdf

The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U.S. Supreme Court database, internal court documents, and the justices' private papers, The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus. Pamela Corley, Amy Steigerwalt, and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple, concurrently-operating forces that cannot be fully accounted for by ideological attitudes. In this thorough investigation, the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences.

The Puzzle of Judicial Behavior

Author : Lawrence Baum
Publisher : University of Michigan Press
Page : 230 pages
File Size : 47,6 Mb
Release : 2009-10-22
Category : Law
ISBN : 9780472022632

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The Puzzle of Judicial Behavior by Lawrence Baum Pdf

From local trial courts to the United States Supreme Court, judges' decisions affect the fates of individual litigants and the fate of the nation as a whole. Scholars have long discussed and debated explanations of judicial behavior. This book examines the major issues in the debates over how best to understand judicial behavior and assesses what we actually know about how judges decide cases. It concludes that we are far from understanding why judges choose the positions they take in court. Lawrence Baum considers three issues in examining judicial behavior. First, the author considers the balance between the judges' interest in the outcome of particular cases and their interest in other goals such as personal popularity and lighter workloads. Second, Baum considers the relative importance of good law and good policy as bases for judges' choices. Finally Baum looks at the extent to which judges act strategically, choosing their own positions after taking into account the positions that their fellow judges and other policy makers might adopt. Baum argues that the evidence on each of these issues is inconclusive and that there remains considerable room for debate about the sources of judges' decisions. Baum concludes that this lack of resolution is not the result of weaknesses in the scholarship but from the difficulty in explaining human behavior. He makes a plea for diversity in research. This book will be of interest to political scientists and scholars in law and courts as well as attorneys who are interested in understanding judges as decision makers and who want to understand what we can learn from scholarly research about judicial behavior. Lawrence Baum is Professor of Political Science, Ohio State University.

Law, Ideology, and Collegiality

Author : Donald R. Songer,Susan Johnson,C.L. Ostberg
Publisher : McGill-Queen's Press - MQUP
Page : 240 pages
File Size : 43,9 Mb
Release : 2012-04-11
Category : Law
ISBN : 9780773587496

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Law, Ideology, and Collegiality by Donald R. Songer,Susan Johnson,C.L. Ostberg Pdf

The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and measures that tap their perceived ideological tendencies to provide a critical examination of the ideological roots of judicial decision making, uncovering the complexity of contemporary judicial behaviour. Examining judicial behaviour through the lens of three different research strategies grounded in qualitative and quantitative methodologies, Law, Ideology, and Collegiality presents compelling evidence that political ideology is a key factor in decision making and a prominent source of conflict in the Supreme Court of Canada.

Law in American History, Volume III

Author : G. Edward White
Publisher : Oxford University Press
Page : 1117 pages
File Size : 53,5 Mb
Release : 2019-04-25
Category : Law
ISBN : 9780190634964

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Law in American History, Volume III by G. Edward White Pdf

In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.

By the Court

Author : Peter McCormick,Marc D. Zanoni
Publisher : UBC Press
Page : 269 pages
File Size : 53,7 Mb
Release : 2019-09-15
Category : Law
ISBN : 9780774861748

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By the Court by Peter McCormick,Marc D. Zanoni Pdf

Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a “By the Court” format. This transformative approach abandons the common law tradition of attributing decisions to individual judges. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Peter McCormick and Marc Zanoni explore the origins, purposes, and potential future of “By the Court,” framing this practice as uniquely Canadian, and the most dramatic form of a modern style that highlights the institution and downplays individual contributions.

Historical Dictionary of the U.S. Supreme Court

Author : Artemus Ward,Christopher Brough,Robert Arnold
Publisher : Rowman & Littlefield
Page : 686 pages
File Size : 55,9 Mb
Release : 2015-08-13
Category : Political Science
ISBN : 9780810875210

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Historical Dictionary of the U.S. Supreme Court by Artemus Ward,Christopher Brough,Robert Arnold Pdf

The Historical Dictionary of the U.S. Supreme Court covers its history through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 700 cross-referenced entries on every justice, major case, issue, and process that comprises the Court’s work.

The 'Community Method'

Author : R. Dehousse
Publisher : Springer
Page : 232 pages
File Size : 52,7 Mb
Release : 2011-04-28
Category : Political Science
ISBN : 9780230305670

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The 'Community Method' by R. Dehousse Pdf

Sixty years after its invention, the operational system of the European Union remains little-understood. The 'Community Method' provides a comprehensive empirical analysis of the functioning and achievements of the EU.

American Judicial Process

Author : Pamela C. Corley,Artemus Ward,Wendy L. Martinek
Publisher : Routledge
Page : 666 pages
File Size : 42,5 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.

Values in the Supreme Court

Author : Rachel Cahill-O'Callaghan
Publisher : Bloomsbury Publishing
Page : 192 pages
File Size : 45,8 Mb
Release : 2020-02-20
Category : Law
ISBN : 9781509921874

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Values in the Supreme Court by Rachel Cahill-O'Callaghan Pdf

This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.

The Chief Justice

Author : David J. Danelski,Artemus Ward
Publisher : University of Michigan Press
Page : 465 pages
File Size : 48,6 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

Constitutional Personae

Author : Cass R. Sunstein
Publisher : Inalienable Rights
Page : 193 pages
File Size : 40,6 Mb
Release : 2015
Category : Law
ISBN : 9780190222673

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Constitutional Personae by Cass R. Sunstein Pdf

"Since America's founding, hundreds of U.S. Supreme Court Justices have issued a vast number of decisions on a staggeringly wide variety of subjects. Yet as the eminent legal scholar, Cass R. Sunstein shows, constitutional law is dominated by a mere quartet of character types, regardless of ideology: the hero, the soldier, the minimalist, and the mute."--Jacket flap.

The Judicial Process

Author : Christopher P. Banks,David M. O′Brien
Publisher : CQ Press
Page : 643 pages
File Size : 47,8 Mb
Release : 2015-02-19
Category : Political Science
ISBN : 9781483386287

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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.

Justice and Empathy

Author : Robert A. Burt
Publisher : Yale University Press
Page : 249 pages
File Size : 54,8 Mb
Release : 2017-10-24
Category : Law
ISBN : 9780300224269

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Justice and Empathy by Robert A. Burt Pdf

Cover -- Half Title -- Title -- Copyright -- Contents -- Foreword -- Introduction -- PART 1 PROTECTING VULNERABLE GROUPS IN PRINCIPLE -- One: A Living Truth -- Two: Judicial Power to Command -- Three: All That Is Solid -- Four: This Word "Reason"--Five: The Healthiest Possible Soul -- Six: The Democratic Path -- PART 2 PROTECTING VULNERABLE GROUPS IN PRACTICE -- Seven: Enslaving Criminals -- Eight: Respecting Same-Sex Relations -- Nine: Abortion: Private and Public Considerations -- Ten: Race Relations: Between Emancipation and Subjugation -- Eleven: Ordering Moral Deliberations -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z

Shopping for College

Author : Douglas Dix
Publisher : Archway Publishing
Page : 210 pages
File Size : 47,5 Mb
Release : 2013-10-21
Category : Education
ISBN : 9781480803008

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Shopping for College by Douglas Dix Pdf

In order for college students to get what they really want, they need to start pursuing their passionsand friends and family members need to support them in that pursuit. Douglas Dix, PhD, a longtime college professor, takes on the modern higher education system in this guidebook that focuses on being authentic. Instead of studying a subject that guarantees a high-paying job, he pushes a radical idea: Do what you want to do. Students that follow their curiosity wherever it leads will be better equipped to work for companies founded on ethical business principles; advance the causes of liberty and justice for all; derive lasing satisfaction from helping people in need. The words that matter the most often go unheard from high school guidance counselors or at prospective campuses. Get the advice that can make the greatest difference as you search for the best school for yourself or a loved one in Shopping for College: How to Get What You Really Want.

Turning the Legislative Thumbscrew

Author : Douglas Dion
Publisher : University of Michigan Press
Page : 318 pages
File Size : 52,6 Mb
Release : 2001-07-30
Category : Law
ISBN : 0472088262

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Turning the Legislative Thumbscrew by Douglas Dion Pdf

DIVA study of minority rights in legislative politics /div