Download or read book Making Policy Making Law written by Mark C. Miller and published by Georgetown University Press. This book was released on 2004-08-23 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.
Download or read book Judicial Policy Making written by Glendon A. Schubert and published by Glenview, Ill : Scott, Foresman. This book was released on 1974 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Law Judicial Policy Making written by Joel B. Grossman and published by John Wiley & Sons. This book was released on 1980 with total page 1596 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Oral Arguments and Decision Making on the United States Supreme Court written by Timothy R. Johnson and published by SUNY Press. This book was released on 2004-07-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: How oral arguments influence the decisions of Supreme Court justices.
Download or read book Decision Making by the Modern Supreme Court written by Richard L. Pacelle, Jr and published by Cambridge University Press. This book was released on 2011-06-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.
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 249 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 Decision making in a Democracy written by and published by . This book was released on 1958 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judging Law and Policy written by Robert M. Howard and published by Routledge. This book was released on 2012-03-22 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
Download or read book Decision Making in a Democracy written by Robert Dahl and published by Irvington Pub. This book was released on 1993-08-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation of the attitudinal model as well as an authoritative critique of the legal and rational choice models. The book thoroughly reflects research done since the 1993 publication of its predecessor, as well as decisions and developments in the Supreme Court, including the momentous decision of Bush v. Gore.
Download or read book The Supreme Court as Policy maker written by David H. Everson and published by . This book was released on 1972 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Governing Through Courts written by Richard A. L. Gambitta and published by SAGE Publications, Incorporated. This book was released on 1981-11 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an interdisciplinary forum on the role of American courts, the changes in that role over time, and the changes which may be necessary for courts to meet the demands placed on them by society. 'For me the book's greatest value is in the questions it raises explicitly and implicitly...This book may stimulate research into aspects of judicial governance on which our current ignorance is particularly great. It it does so, its contribution will be considerable indeed.' -- American Bar Foundation Research Journal, 1983
Download or read book The Role of the Supreme Court in American Politics written by Richard Pacelle and published by ReadHowYouWant.com. This book was released on 2010-11 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concern for the appropriate role of the Supreme Court as a policy maker has been one of the most enduring questions of American politics. Richard Pacelle traces the historical ebb and flow of the Court's role in the critical issues of American politics; slavery, free speech, religion, abortion, and affirmative action.s
Download or read book The Supreme Court written by Lawrence Baum and published by . This book was released on 1985 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Role of the Supreme Court Policymaker Or Adjudicator written by Sam James Ervin (Jr.) and published by . This book was released on 1970 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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:
