Courting Law
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Author | : Michael A. Bailey |
Publisher | : Princeton University Press |
Total Pages | : 232 |
Release | : 2011-08-22 |
Genre | : Law |
ISBN | : 1400840260 |
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : Court rules |
ISBN | : 9781663319005 |
Author | : Carol S. Steiker |
Publisher | : Harvard University Press |
Total Pages | : 401 |
Release | : 2016-11-07 |
Genre | : History |
ISBN | : 0674737423 |
Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death
Author | : Bernard Ernest Witkin |
Publisher | : |
Total Pages | : 244 |
Release | : 1977 |
Genre | : Annotations and citations (Law) |
ISBN | : |
Author | : Mark V. Tushnet |
Publisher | : W. W. Norton & Company |
Total Pages | : 392 |
Release | : 2005 |
Genre | : Constitutional law |
ISBN | : 9780393058680 |
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
Author | : Joyce Murdoch |
Publisher | : |
Total Pages | : 602 |
Release | : 2002-05-09 |
Genre | : Law |
ISBN | : 0786730943 |
Since 1958, twenty-five men and two women have forced the Supreme Court to consider whether the Constitution's promises of equal protection apply to gay Americans. Here Joyce Murdoch and Deb Price reveal how the nation's highest court has reacted to these cases--from the surprising 1958 victory of a tiny homosexual magazine to the 2000 defeat of a gay Eagle Scout. A triumph of investigative reporting, Courting Justice gives us an inspiring new perspective on the struggle for civil rights in America.
Author | : Moeen Cheema |
Publisher | : Cambridge University Press |
Total Pages | : 289 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1108831885 |
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author | : Brandon L. Bartels |
Publisher | : Cambridge University Press |
Total Pages | : 321 |
Release | : 2020-08-20 |
Genre | : Law |
ISBN | : 1107188415 |
Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.
Author | : H. W. Perry |
Publisher | : Harvard University Press |
Total Pages | : 332 |
Release | : 2009-06-01 |
Genre | : Political Science |
ISBN | : 9780674042063 |
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.
Author | : |
Publisher | : Thomas Nelson Inc |
Total Pages | : 320 |
Release | : |
Genre | : |
ISBN | : 1418560707 |