The Supreme Court And The Attitudinal Model Revisited

  the supreme court and the attitudinal model revisited: The Supreme Court and the Attitudinal Model Revisited Jeffrey A. Segal, Harold J. Spaeth, 2002-09-16 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.
  the supreme court and the attitudinal model revisited: The Supreme Court and the Attitudinal Model Jeffrey Allan Segal, Harold J. Spaeth, 1993 The behaviour and decision-making processes of the US Supreme Court have often been examined using the legal model, which holds that Supreme Court decisions are based on the 'plain meaning' of the Constitution, the intent of the framers and precedent. This book investigates the decisions and the decision-making processes of the Supreme Court using an alternative framework: the attitudinal model, which holds that Supreme Court decisions are based on the attitudes and values of justices. Using the highly reliable US Supreme Court Judicial Data Base, compiled by Professor Spaeth, the authors examine all stages of the Court's decision-making processes, from staffing and access, to case selection, votes on the merits, opinion assignments and opinion coalitions, and judicial restraint and activism, and manage to explain and predict behaviour with a greater degree of accuracy. They also include a framework for understanding the impact of judicial decisions and the place of the Court in the American political system.
  the supreme court and the attitudinal model revisited: Strategic Behavior and Policy Choice on the U.S. Supreme Court Thomas H. Hammond, Chris W. Bonneau, Reginald S. Sheehan, 2005 This book presents the first comprehensive model of policymaking by strategically-rational justices who pursue their own policy preferences in the Supreme Court's multi-stage decision-making process.
  the supreme court and the attitudinal model revisited: The Supreme Court in the American Legal System Jeffrey A. Segal, Harold J. Spaeth, Sara C. Benesh, 2005-07-25 Including a comprehensive analysis of the U.S. Supreme Court, this study examines the American legal system. It extensively examines lower courts as well, providing separate chapters on state courts, the U.S. District Courts, and the U.S. Courts of Appeals. Analyzing these courts from a legal/extralegal framework, the book draws different conclusions about the relative influence of each based on institutional structures and empirical evidence. Finally, separate chapters on civil procedure, evidence, and criminal procedure provide exended coverage of the legal process.
  the supreme court and the attitudinal model revisited: The New White Nationalism in America Carol M. Swain, 2002-06-10 The author hopes to educate the public regarding white nationalists.
  the supreme court and the attitudinal model revisited: Supreme Court Decision-Making Cornell W. Clayton, Howard Gillman, 1999 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.
  the supreme court and the attitudinal model revisited: The Politics of Precedent on the U.S. Supreme Court Thomas G. Hansford, James F. Spriggs II, 2018-06-05 The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a cloak that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.
  the supreme court and the attitudinal model revisited: Settled Versus Right Randy J. Kozel, 2017-06-06 This book analyzes the theoretical nuances and practical implications of how judges use precedent.
  the supreme court and the attitudinal model revisited: The Supreme Court in the American Legal System Jeffrey A. Segal, Harold J. Spaeth, Sara C. Benesh, 2005-08 This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.
  the supreme court and the attitudinal model revisited: The Justice of Contradictions Richard L. Hasen, 2018-03-20 An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
  the supreme court and the attitudinal model revisited: The Oxford Handbook of Comparative Judicial Behaviour , 2024-10-18 These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars—and mostly political scientists at that—now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society. Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals—providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advocacy, litigation, and appellate review; opinions; relations within, between, and among courts; judicial independence; court and society; and frontiers of comparative judicial behaviour—dedicated to expanding on opportunities for advancement. Rather than focusing on particular courts, countries, or regions, the organization of the individual chapters is topical. Each chapter explores an important topic-critically evaluating the state of that topic and identifying opportunities for future work. While the forty-two chapters share a common interest in explaining the causes and effects of judicial choices, the range of approaches to comparative research is wide, inclusive, and interdisciplinary, from contrasts and similarities to sophisticated research agendas reflecting the emerging field of judicial behaviour around the world.
  the supreme court and the attitudinal model revisited: The Judicial Process Christopher P. Banks, David M. O′Brien, 2015-02-19 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.
  the supreme court and the attitudinal model revisited: Europeanization of Judicial Review Nicola Ch. Corkin, 2014-11-13 Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional. The book employs a wide range of quantitative and qualitative methods to collect new data about the German, Austrian, and Italian constitutional courts over the last four decades. These three courts have a comparable history, theoretical background, and structure while differing in two key components: length of EU membership and legitimacy perception. Corkin employs multi-method research based on over fifty interviews with judges, politicians and civil servants; content analysis of abstract judicial review cases over three decades; and a database of over 300 variables relating to the courts and their surroundings. Her data reveals that in abstract judicial review, and in the wider political arena, political culture has become more confrontational due to attitude changes in politicians and judges. These attitude changes can be directly linked to the EU and have wide-ranging implications for legitimacy, democracy and political methodology. Presenting a bridge between the revitalized realist and legalist debate, Europeanization of Judicial Review will contribute to socio-legal theory, literature on comparative courts, and both new institutionalism and Europeanization theory.
  the supreme court and the attitudinal model revisited: Values in the Supreme Court Rachel Cahill-O'Callaghan, 2020-02-20 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 supreme court and the attitudinal model revisited: Supreme Court Confirmation Hearings and Constitutional Change Paul M. Collins, Lori A. Ringhand, 2013-06-24 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.
  the supreme court and the attitudinal model revisited: Overruled? Jeb Barnes, 2004-02-25 Since the mid-1970s, Congress has passed hundreds of overrides—laws that explicitly seek to reverse or modify judicial interpretations of statutes. Whether front-page news or not, overrides serve potentially vital functions in American policy-making. Federal statutes—and court cases interpreting them—often require revision. Some are ambiguous, some conflict, and others are obsolete. Under these circumstances, overrides promise Congress a means to repair flawed statutes, reconcile discordant court decisions, and reverse errant judicial interpretations. Overrides also allow dissatisfied litigants to revisit issues and raise concerns in Congress that courts have overlooked. Of course, promising is one thing and delivering is quite another. Accordingly, this book asks: Do overrides, in fact, effectively clarify the law, reverse objectionable judicial statutory interpretations, and broaden deliberation on contested issues? The answers provide new insights into the complex role of overrides in U.S. policy-making and in the politics of contemporary court-Congress relations.
  the supreme court and the attitudinal model revisited: A Primer on American Courts William Miller, 2015-08-20 This brief, accessible, and inexpensive supplement on American courts and their functions provides undergraduate, or first-year law students, with an understanding of the key substantive and procedural concepts that they need to know to study the law or the judicial process. Recognizing that there are many substantive and procedural concepts about American courts that students must first grasp in order to study the law or the judicial process, this brief text answers important questions about justiciability, standing, jurisdiction, and judicial power. With a stronger historical context, this text is a perfect complement to a text on Constitutional Law, Judicial Process, or a legal casebook, and will help students master the legal vocabulary with which they are confronted.
  the supreme court and the attitudinal model revisited: Judicial Behavior and Policymaking Robert J. Hume, 2018-01-23 Judicial Behavior and Policymaking introduces students to the politics of judging, exploring why judges make the decisions they do, who has the power to influence judicial decision-making, and what the consequences of court decisions are for policymaking. Further, this text familiarizes students with the methods that professional political scientists use to conduct research about the courts, including the quantitative analysis of data. Designed for undergraduates and graduate students alike, this accessible and engaging text provides a thorough introduction to the world of judicial politics.
  the supreme court and the attitudinal model revisited: Concurring Opinion Writing on the U.S. Supreme Court Pamela C. Corley, 2010-03-24 Analysis of concurrent opinion writing by Supreme Court justices.
  the supreme court and the attitudinal model revisited: Commitment and Cooperation on High Courts Benjamin Alarie, Andrew J. Green, 2017-07-25 Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
  the supreme court and the attitudinal model revisited: Does Privilege Prevail? Stacia L Haynie, Kirk A Randazzo, Reginald S Sheehan, 2024-04-26 The first transnational comparative study of legal party capability theory Justice is supposed to be blind. Cynics will say they know better. But what do the facts say? This groundbreaking study provides objective, data-driven answers to long-standing questions about winners and losers in courtrooms across the world. Does the party with the greater resources, such as money and influence, always prevail—and if so, why? Does Privilege Prevail? is the first book to evaluate these questions using a multi-country approach and, in doing so, assess what legal professionals and political scientists call party capability theory. Stacia Haynie, Kirk Randazzo, and Reginald Sheehan analyze over fifteen thousand litigation outcomes of the high courts of six countries—Australia, Canada, India, the Philippines, South Africa, and the United Kingdom—from 1970 to 2000. This unprecedented trove of data reveals that while the “haves” of society do undoubtedly enjoy certain advantages in the judicial system, a more complex explanation for legal outcomes is required than party capability theory provides—especially when it comes to assessing the role of attorneys and their legal teams or the components of the docket where judges can provide avenues for the “have nots” to succeed.
  the supreme court and the attitudinal model revisited: Routledge Handbook of Judicial Behavior Robert M. Howard, Kirk A. Randazzo, 2017-10-02 Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.
  the supreme court and the attitudinal model revisited: Political Control of America's Courts Helena Silverstein, 2023-01-18 This volume explores the many ways in which politics shapes the allegedly nonpartisan judicial system in America, ranging from how judges are selected to the bench to how they rule when they get there. Each title in the Contemporary Debates series examines the veracity of controversial claims or beliefs surrounding a major political/cultural issue in the United States. Each book gives readers a clear and unbiased understanding of current high-interest issues by informing them about falsehoods, half-truths, and misconceptions-and confirming the factual validity of other assertions-that have gained traction in America's cultural and political discourse. This volume in the series provides a deeply researched and even-handed account of the relationship between America's judicial branch-which is supposed to view law through a nonpartisan lens-and the sometimes poisonous partisanship that is such a notorious factor in the nation's other two branches of government. Is political combat over judicial nominations worse than ever before? What impact is the politicization of the courts having on public faith in the legitimacy of the courts and our wider political system? Was former Supreme Court justice Sandra Day right when she asserted that judicial independence is a bedrock principle of our court system, and we are losing it? This work will provide insights into all these questions and more.
  the supreme court and the attitudinal model revisited: American Judicial Process Pamela C. Corley, Artemus Ward, Wendy L. Martinek, 2015-09-25 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.
  the supreme court and the attitudinal model revisited: Public Opinion and the Rehnquist Court Thomas R. Marshall, 2009-01-01 Public Opinion and the Rehnquist Court offers the most thorough evidence yet in favor of the U.S. Supreme Court representing public opinion. Thomas R. Marshall analyzes more than two thousand nationwide public opinion polls during the Rehnquist Court era and argues that a clear majority of Supreme Court decisions agree with public opinion. He explains that the Court represents American attitudes when public opinion is well informed on a dispute and when the U.S. Solicitor General takes a position agreeing with poll majorities. He also finds that certain justices best represent public opinion and that the Court uses its review powers over the state and federal courts to bring judicial decision making back in line with public opinion. Finally, Marshall observes that unpopular Supreme Court decisions simply do not endure as long as do popular decisions. Book jacket.
  the supreme court and the attitudinal model revisited: Reconstructing the National Bank Controversy Eric Lomazoff, 2018-11-07 The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.
  the supreme court and the attitudinal model revisited: Partisan Supremacy Terri Jennings Peretti, 2020-11-20 “I have no agenda,” US Supreme Court Chief Justice John Roberts proclaimed at his Senate confirmation hearing: “My job is to call balls and strikes and not to pitch or bat.” This declaration was in keeping with the avowed independence of the judiciary. It also, when viewed through the lens of Roberts’s election law decisions, appears to be false. With a scrupulous reading of judicial decisions and a careful assessment of partisan causes and consequences, Terri Jennings Peretti tells the story of the GOP’s largely successful campaign to enlist judicial aid for its self-interested election reform agenda. Partisan Supremacy explores four contemporary election law issues—voter identification, gerrymandering, campaign finance, and the preclearance regime of the Voting Rights Act—to uncover whether Republican politicians and Republican judges have collaborated to tilt America’s election rules in the GOP’s favor. Considering cases from Shelby County v. Holder, which enfeebled the Voting Rights Act, to Crawford v. Marion County Election Board, which upheld restrictive voter identification laws, to Citizens United and McCutcheon, which loosened campaign finance restrictions, Peretti lays bare the reality of “friendly” judicial review and partisan supremacy when it comes to election law. She nonetheless finds a mixed verdict in the redistricting area that reveals the limits of partisan control over judicial decisions. Peretti’s book helpfully places the current GOP’s voter suppression campaign in historical context by acknowledging similar efforts by the postCivil War Democratic Party. While the modern Democratic Party seeks electoral advantage by expanding voting by America’s minorities and youth, arguably hewing closer to democratic principles, neither party is immune to the powerful incentive to bend election rules in its favor. In view of the evidence that Partisan Supremacy brings to light, we are left with a critical and pressing question: Can democracy survive in the face of partisan collaboration across the branches of government on critical election issues?
  the supreme court and the attitudinal model revisited: New Directions in Judicial Politics Kevin T. McGuire, 2012-03-15 With its often vague legal concepts and institutions that operate according to unfamiliar procedures, judicial decision-making is, in many respects, a highly enigmatic process. New Directions in Judicial Politics seeks to demystify the courts, offering readers the insights of empirical research to address questions that are of genuine interest to students. In addition to presenting a set of conclusions about the way in which courts operate, this book also models the craft of political research, illustrating how one can account for a variety of factors that might affect the courts and how they operate. The renowned scholars and teachers in this volume invite critical thinking, not only about the substance of law and courts in America, but also about the ways in which we study judicial politics.
  the supreme court and the attitudinal model revisited: University of Chicago Law Review: Volume 78, Number 4 - Fall 2011 University of Chicago Law Review, 2012-04-11 A leading law review now offers a quality eBook edition. The fourth and final issue of 2011 (Volume 78) features articles and essays from internationally recognized legal scholars and governmental leaders, including Cass Sunstein (on empirically informed regulation), Jonathan Bressler (on jury nullification and Reconstruction), Daniel Schwarcz (on standardized insurance policies), and Bertral Ross II (writing against constitutional mainstreaming in stautory interpretation). In addition, the issue includes a review essay on the book The Master Switch, as well as student Comments on such subjects as same-sex divorce, religious practices by prisoners, falsely claiming Medal of Honor status, and enhancement in federal sentencing. The issue is presented in modern eBook formatting and features active Tables of Contents; linked footnotes and URLs; and legible graphs and tables.
  the supreme court and the attitudinal model revisited: What's Law Got to Do With It? Charles Geyh, 2011-08-09 This volume offers perspectives from political scientists, legal scholars, and practicing judges as they seek to answer the question of how much law actually has to do with judicial behavior and decision-making, and what it means for society at large.
  the supreme court and the attitudinal model revisited: Executing the Constitution ,
  the supreme court and the attitudinal model revisited: Researching Public Law in Common Law Systems Paul Daly, Joe Tomlinson, 2023-09-06 This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.
  the supreme court and the attitudinal model revisited: Judicial Politics in the United States Mark C. Miller, 2018-09-03 Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
  the supreme court and the attitudinal model revisited: 21st Century Political Science: A Reference Handbook John T Ishiyama, Marijke Breuning, 2011 Offering full coverage of major subthemes and subfields within political science this reference handbook includes entries on topics from theory and methodology to international relations and institutions.
  the supreme court and the attitudinal model revisited: The View from the Bench and Chambers Jennifer Barnes Bowie, Donald R. Songer, John Szmer, 2014-10-30 For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.
  the supreme court and the attitudinal model revisited: The SAGE Guide to Key Issues in Mass Media Ethics and Law William A. Babcock, William H. Freivogel, 2015-03-23 The SAGE Guide to Key Issues in Mass Media Ethics and Law is an authoritative and rigorous two-volume, issues-based reference set that surveys varied views on many of the most contentious issues involving mass media ethics and the law. Divided into six thematic sections covering information from contrasting ethical responsibly and legal rights for both speech and press, newsgathering and access, and privacy to libelous reporting, business considerations, and changing rules with social media and the Internet, the information in this guide is extremely relevant to a variety of audiences. This guide specifically focuses on matters that are likely to be regular front-page headlines concerning topics such as technological threats to privacy, sensationalism in media coverage of high-profile trials, cameras in the courtroom, use of confidential sources, national security concerns and the press, digital duplication and deception, rights of celebrities, plagiarism, and more. Collectively, this guide assesses key contentious issues and legal precedents, noting current ethical and legal trends and likely future directions. Features: Six thematic sections consist of approximately a dozen chapters each written by eminent scholars and practitioners active in the field. Sections open with a general Introduction by the volume editors and conclude with a wrap-up “Outlook” section to highlight likely future trends. Chapters follow a common organizational outline of a brief overview of the issue at hand, historical background and precedent, and presentation of various perspectives (pro, con, mixed) to the issue. “See also” cross references guide readers to related chapters and references and further readings guide users to more in-depth resources for follow-up. This reference guide is an excellent source for the general public, students, and researchers who are interested in expanding their knowledge in mass media and the ethics and law surrounding it.
  the supreme court and the attitudinal model revisited: The Complete American Constitutionalism Mark A. Graber, Howard Gillman, 2015 The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and eighteenth centuries that formed the overall American constitutional experience. This is the first collection of materials that focuses on the crucial constitutional documents and debates that structured American constitutional understandings at the time of the American Revolution. It details the roots of the common law rights that Americans demanded be respected and the different interpretations of the English constitutional experience that increasingly divided Members of Parliament from American Revolutionaries.
  the supreme court and the attitudinal model revisited: The Oxford Handbook of U.S. Judicial Behavior Lee Epstein, Stefanie A. Lindquist, 2017 The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.
  the supreme court and the attitudinal model revisited: The Chief Justice Artemus Ward, David J. Danelski, 2016-08-18 The Chief Justice brings together leading scholars of the courts who employ social science theory and research to explain the role of the Chief Justice of the U.S. Supreme Court. They consider the chief justice’s appointment, office, powers, and influence both within the Court and in the American system of government more generally. The chief justice presides over oral arguments and the justices’ private conferences. The chief justice speaks first in those conferences, presents cases and other matters to the other justices, and assigns the Court’s opinions in all cases in which the chief justice votes with the majority. In addition, the chief justice presides over the Judicial Conference of the United States, a policy-making body composed of lower-court federal judges. As Chief Justice Charles Evans Hughes wrote, the Chief Justice of the U.S. Supreme Court is “the most important judicial officer in the world.”
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