Strategic Behavior and Policy Choice on the U.S. Supreme Court

Strategic Behavior and Policy Choice on the U.S. Supreme Court
Author: Thomas H. Hammond
Publisher: Stanford University Press
Total Pages: 330
Release: 2005
Genre: Political Science
ISBN: 9780804751469

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 Choices Justices Make

The Choices Justices Make
Author: Lee Epstein
Publisher: SAGE
Total Pages: 369
Release: 1997-01-01
Genre: Political Science
ISBN: 148330485X

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.

Decision Making in the U.S. Courts of Appeals

Decision Making in the U.S. Courts of Appeals
Author: Frank B. Cross
Publisher: Stanford University Press
Total Pages: 268
Release: 2007
Genre: Law
ISBN: 9780804757133

This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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.

The Politics of Precedent on the U.S. Supreme Court

The Politics of Precedent on the U.S. Supreme Court
Author: Thomas G. Hansford
Publisher: Princeton University Press
Total Pages: 170
Release: 2018-06-05
Genre: Law
ISBN: 0691188041

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 Limits of Judicial Independence

The Limits of Judicial Independence
Author: Tom S. Clark
Publisher: Cambridge University Press
Total Pages: 357
Release: 2010-11-22
Genre: Political Science
ISBN: 1139492314

This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.

Courtiers of the Marble Palace

Courtiers of the Marble Palace
Author: Todd C. Peppers
Publisher: Stanford University Press
Total Pages: 332
Release: 2006
Genre: Law
ISBN: 9780804753821

Courtiers of the Marble Palace explores how law clerks are hired and utilized by United States Supreme Court justices.

Deciding to Decide

Deciding to Decide
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.

Overruled?

Overruled?
Author: Jeb Barnes
Publisher:
Total Pages: 240
Release: 2004-02-25
Genre: Law
ISBN:

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.