Download or read book Friends of the Supreme Court Interest Groups and Judicial Decision Making written by Paul M. Collins, Jr. and published by Oxford University Press. This book was released on 2008-08-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Amici Curiae and Strategic Behavior in State Supreme Courts written by Scott A. Comparato and published by Bloomsbury Publishing USA. This book was released on 2003-09-30 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Friends of the Court written by Ian Brodie and published by State University of New York Press. This book was released on 2012-02-01 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first book-length study of interest group litigation in Canada, Friends of the Court traces the Canadian Supreme Court's ever-changing relationship with interest groups since the 1970s. After explaining how the Court was pressured to welcome more interest groups in the late 1980s, Brodie introduces a new theory of political status describing how the Court privileges certain groups over others. By uncovering the role of the state in encouraging and facilitating litigation, this book challenges the idea that interest group litigation in Canada is a grassroots phenomenon.
Download or read book Judges and Their Audiences written by Lawrence Baum and published by Princeton University Press. This book was released on 2009-01-10 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Battle for the Court written by Lawrence Baum and published by University of Virginia Press. This book was released on 2017-10-03 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies. In The Battle for the Court, Lawrence Baum, David Klein, and Matthew Streb present a systematic investigation into the effects of interest group involvement in the election of judges. Focusing on personal-injury law, the issue that has played the most substantial role in spurring interest group activity in judicial elections, the authors detail how interest groups mobilize in response to unfavorable rulings by state supreme courts, how their efforts influence the outcomes of supreme court elections, and how those outcomes in turn effectively reshape public policies. The authors employ several decades’ worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state—Ohio—to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.
Download or read book The President and the Supreme Court written by Paul M. Collins, Jr and published by Cambridge University Press. This book was released on 2020-01-09 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the relationship between the president and the Supreme Court, including how presidents view the norm of judicial independence.
Download or read book Supreme Court Confirmation Hearings and Constitutional Change written by Paul M. Collins and published by Cambridge University Press. This book was released on 2013-06-24 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An Introduction to Supreme Court Decision Making written by Harold J. Spaeth and published by Chandler Press. This book was released on 1972 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Designing Judicial Review written by Charles R. Shipan and published by University of Michigan Press. This book was released on 2000 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why interest groups and members of Congress fight over the procedural details in legislation
Download or read book Supreme Court Decision Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Attitudinal Decision Making in the Supreme Court of Canada written by C. L. Ostberg and published by UBC Press. This book was released on 2011-11-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The President and the Supreme Court written by Paul M. Collins, Jr and published by Cambridge University Press. This book was released on 2020-01-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When presidents take positions on pending Supreme Court cases or criticize the Court's decisions, they are susceptible to being attacked for acting as bullies and violating the norm of judicial independence. Why then do presidents target Supreme Court decisions in their public appeals? In this book, Paul M. Collins, Jr and Matthew Eshbaugh-Soha argue that presidents discuss the Court's decisions to demonstrate their responsiveness to important matters of public policy and to steer the implementation of the Court's decisions. Using data from Washington to Trump, they show that, far from being bullies, presidents discuss cases to promote their re-election, policy goals, and historical legacies, while attempting to affect the impact of Court decisions on the bureaucracy, Congress, the media, and the public.
Download or read book Congressional Participation as Amicus Curiae Before the U S Supreme Court written by Judithanne Scourfield McLauchlan and published by LFB Scholarly Publishing. This book was released on 2005 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scourfield McLauchlan studies how Members of Congress participate in cases before the Supreme Court. Members have filed amicus curiae briefs every Term since 1977. The frequency of Congressional participation before the Court continues to rise, and it is now a fixture in Supreme Court litigation. McLauchlan examines how often Members of Congress participate as friend of the court, what types of cases attract Congressional attention, what motivates Congressmen to file amicus briefs, and whether Congressional friends of the court influence Supreme Court decision-making. She explores the implications of this trend for the principles of separation of powers and judicial independence.
Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Friends of the Supreme Court Interest Groups and Judicial Decision Making written by Paul M. Collins, Jr. and published by Oxford University Press. This book was released on 2008-08-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Pioneers of Judicial Behavior written by Nancy L. Maveety and published by University of Michigan Press. This book was released on 2009-11-16 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
