Download or read book Effects of Amicus Curiae Briefs on Salient and Non Salient Supreme Court Cases of the 2000 and 2001 United States Supreme Court Terms written by Yosha Gunasekera and published by . This book was released on 2011 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Effect of Amicus Curiae Briefs on the United States Supreme Court written by Rachel Harrison and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of the twentieth century, there has been a substantial increase in the number of amicus curiae briefs filed in the Supreme Court. These briefs provide the justices with important information from third parties regarding a case. Oftentimes, amicus briefs work to persuade the justices to decide a case in a certain manner. The government, interest groups, private citizens, and foreign entities all file these briefs. Through filing these briefs, they seek to promote their interests and viewpoints to the Court. As amicus brief participation has increased, the Court has been able to hear the opinions of individuals and entities it otherwise would not have been privy to. The United States Supreme Court is also the most insulated branch of government from public opinion, due to in part by the life-time tenures of the justices on the Court. This allows the members of the Court to make rulings without regard for public backlash or fear of being removed from the bench. These factors have led to research into what instances is the Court more or less likely to listen to the opinions of the amicus brief filers. Variables coded include the amount of language that the Court includes in its majority opinions from the filed amicus curiae briefs, whether the Court cites amicus briefs in the footnotes of its majority opinion, whether the brief filer is a public or private entity, the decision of the lower court, and the ideological direction of the Supreme Courts decision in order to develop a better understanding of how influential these brief filers actually are to the Court. The results of this study indicate that there is a statistically significant relationship between the partisanship of the amicus brief filer and the majority decision of the Court. The decision of the lower court also had a statistically significant and negative relationship with the majority opinion of the Court, which demonstrates that there is a greater likelihood that the justices will overturn the decision of the lower court and produce an ideologically opposite majority opinion. The United States Solicitor General also had a high amicus brief success rate. Of the fifteen cases in which the Solicitor General filed an amicus brief, ten of the majority opinions of the Court reflected the same ideology set forth by the Solicitor Generals amicus brief.
Download or read book Borrow Or Signal written by Kayla Canelo and published by . This book was released on 2019 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades scholars have investigated the role of amicus curiae briefs in Supreme Court decision-making. Existing work on the influence of these briefs on opinion content focuses exclusively on the use of "borrowed language" where the justices take language directly from the briefs and incorporate it into their majority opinions. Most of the time justices borrow language without attribution. However, much less often, they decide to formally cite the amici. This presents an interesting puzzle; why do justices sometimes borrow language without attribution while at other times they explicitly cite amici while using little of their language?In this dissertation I argue that borrowing language from an amicus brief and citing it are two distinct uses, done for different reasons, with different implications. Borrowing language is unique in that it is discreet in nature and is unlikely to be revealed to the reader. Therefore, the justices have leeway when it comes to borrowing language as there should be limited influence on perceptions of the Court and its decisions (i.e. the Court's legitimacy). Citing amicus curiae briefs, however, is much different in that it is clearly revealed to the reader. As such, there can be implications for the Court's legitimacy depending on what types of interests the justices cite. I test the implications of this theory using data on over 1,600 cases where amicus briefs were filed in the 1988-2008 terms. I find that the justices borrow language when they need information, and they borrow from ideologically congruent actors. I also find that the evidence on whether they deliberately avoid citing ideologically extreme interests is mixed. On the one hand, they cite less frequently and are less likely to cite in salient cases, but they do still cite ideologically overt interests. Finally, I implement a survey experiment using a high quality, census balanced sample of 3,000 respondents to test whether citations can influence acceptance of Supreme Court decisions. I find that the public is less accepting of citations to ideologically extreme interests and that they are less accepting of decisions that cite interests that are ideologically incompatible with their own preferences
Download or read book The Changing Effect of Amicus Curiae Briefs on the United States Supreme Court written by Alexander N. Cross and published by . This book was released on 2011 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Supreme Court Bar written by Kevin T. McGuire and published by University of Virginia Press. This book was released on 1993 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who represents litigants in the Supreme Court of the United States? Kevin T. McGuire shows that the most sophisticated of them have the advantage of representation by an elite counsel made up of former clerks to the justices, alumni of the Office of the Solicitor General, partners in powerful Washington law firms, and public interest lawyers, all of whom serve as gatekeepers to the Court. In this study, the first to characterize the bar of the Supreme Court as a whole, McGuire uses survey, archival, and interview data to explore the history and social structure of the community of Supreme Court specialists. In so doing, he assesses the strategic politics of Supreme Court practice, the ways in which dominant litigators can shape the Court's decisions, and what the existence of such an elite implies for judicial fairness.
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 368 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 The Words We Live By written by Linda R. Monk and published by Hachette Books. This book was released on 2015-08-11 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Words We Live By takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. In The Words We Live By, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution. Through entertaining and informative annotations, The Words We Live By offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. The Words We Live By is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living -- and entertaining -- document. Updated now for the first time, The Words We Live By continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.
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 The Tenth Justice written by Lincoln Caplan and published by Alfred A. Knopf. This book was released on 1987 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the nation's public officials, the Solicitor General is the only one required by statute to be "learned in the law." Although he serves in the Department of Justice, he also has permanent chambers in the Supreme Court. The fact that he keeps offices at these two distinct institutions underscores his special role.
Download or read book The Implosion of American Federalism written by Robert F. Nagel and published by Oxford University Press. This book was released on 2002-11 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk--among politicians, academics, and jurists--of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by centralization itself. Moreover, he proposes that this anxiety has dangerous cultural consequences that are, in an implosive cycle, pushing the country toward ever greater centralization. Carefully examining recent landmark Supreme Court cases that protect states' rights, Nagel argues that the federal judiciary is not leading and is not likely to lead a revival of the complex system called federalism. A robust version of federalism requires appreciation for political conflict and respect for disagreement about constitutional meaning, both values that are deeply antithetical to the Court's function. That so many believe this most centralized of our Nation's institutions is protecting, even overprotecting, state power is itself a sign of the depletion of those understandings necessary to sustain the federal system. Instead of a support for federalism, Nagel finds a commitment to radical nationalism throughout the constitutional law establishment. He traces this commitment to traditionally American traits like perfectionism, optimism, individualism, and legalism. Under modern conditions of centralization, these attractive traits are leading to unattractive social consequences, including tolerance, fearfulness, utopianism, and deceptiveness. They are degrading our political discourse. All this encourages further centralization and further cultural deterioration. This book puts the major federalism decisions within the framework of the Court's overall record, including its record on individual rights in areas like abortion, homosexuality, and school desegregation. And, giving special attention to public debate over privacy and impeachment, it places modern constitutional law in the context of political discourse more generally.
Download or read book Why the Haves Come Out Ahead written by Marc Galanter and published by Quid Pro Books. This book was released on 2014-09-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fortieth anniversary edition of a classic of law and society, updated with extensive new commentary. Drawing a distinction between experienced “repeat players” and inexperienced “one shotters” in the U.S. judicial system, Marc Galanter establishes a recognized and applied model of how the structure of the legal system and an actor’s frequency of interaction with it can predict outcomes. Notwithstanding democratic institutions of governance and the “majestic equality” of the courts, the enactment and implementation of genuinely redistributive measures is a hard uphill struggle. In one of the most-cited essays in the legal literature, Galanter incisively demolishes the myth that courts are the prime equalizing force in American society. He provides a penetrating analysis of the limitations and possibilities of courts as the source and engine of large-scale social change. Galanter’s influential article is now available in a convenient, affordable, and assignable book (in print and ebooks), with a new introduction by the author that explains the origins and aftermath of the original work. In addition, it features his 2006 article applying the original thesis to real-world dilemmas in legal structure and consequence today. The collection also adds a new Foreword by Shauhin Talesh of the University of California-Irvine and a new Afterword by Robert Gordon of Stanford. As Gordon points out, “The great contribution of the article was that it went well beyond local and contingent political explanations to locate obstacles to social reform and redistributive policies in the institutional structure of the legal system itself.” Gordon details ways in which Galanter’s prophesies have come true and even worsened over four decades. Talesh catalogs the article’s place in legal lore: “seminal, blockbuster, canonical, game-changing, extraordinary, pivotal, and noteworthy.” Talesh introduces how repeat players gain advantages in the legal system and how “Galanter set out an important agenda for legal scholars, sociologists, political scientists, and economists. In short, “every law and legal studies student should be required to read the article because it contextualizes the procedural system as something more than a set of rules that should be memorized and mechanically applied.” A powerful new addition to the Classics of Law & Society Series by Quid Pro Books. Features active contents, linked notes, active URLs, and linked Index.
Download or read book Rights and Retrenchment written by Stephen B. Burbank and published by Cambridge University Press. This book was released on 2017-04-18 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Download or read book The Choices Justices Make written by Lee Epstein and published by SAGE. This book was released on 1997-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court′s public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices′ papers animate the work.
Download or read book Constitutional Fate written by Philip Bobbitt and published by Oxford University Press. This book was released on 1984-03-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
Download or read book Crafting Law on the Supreme Court written by Forrest Maltzman and published by Cambridge University Press. This book was released on 2000-07-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court decisions stem largely from the political nature of the opinion writing process.
Download or read book The Will of the People written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2009-09-29 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.
