The Supreme Court and the Attitudinal Model Revisited

The Supreme Court and the Attitudinal Model Revisited
Title The Supreme Court and the Attitudinal Model Revisited PDF eBook
Author Jeffrey A. Segal
Publisher Cambridge University Press
Pages 484
Release 2002-09-16
Genre Law
ISBN 9780521789714

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Two leading scholars of the Supreme Court explain and predict its decision making.

The Supreme Court and the Attitudinal Model

The Supreme Court and the Attitudinal Model
Title The Supreme Court and the Attitudinal Model PDF eBook
Author Jeffrey Allan Segal
Publisher
Pages 390
Release 1993
Genre Constitutional Law
ISBN 9780521422932

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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.

Friends of the Supreme Court: Interest Groups and Judicial Decision Making

Friends of the Supreme Court: Interest Groups and Judicial Decision Making
Title Friends of the Supreme Court: Interest Groups and Judicial Decision Making PDF eBook
Author Paul M. Collins, Jr.
Publisher Oxford University Press
Pages 249
Release 2008-08-15
Genre Law
ISBN 0199707227

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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.

Attitudinal Decision Making in the Supreme Court of Canada

Attitudinal Decision Making in the Supreme Court of Canada
Title Attitudinal Decision Making in the Supreme Court of Canada PDF eBook
Author Cynthia L. Ostberg
Publisher University of British Columbia Press
Pages 296
Release 2007
Genre Law
ISBN

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This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. They test the assumption, accepted by many political scientists, that conflict in the courts is due in large part to ideological divisions among the members. The groundbreaking discussion of the viability of the attitudinal model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.

The Constrained Court

The Constrained Court
Title The Constrained Court PDF eBook
Author Michael A. Bailey
Publisher Princeton University Press
Pages 232
Release 2011-08-22
Genre Law
ISBN 1400840260

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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.

The Pioneers of Judicial Behavior

The Pioneers of Judicial Behavior
Title The Pioneers of Judicial Behavior PDF eBook
Author Nancy L. Maveety
Publisher University of Michigan Press
Pages 446
Release 2009-11-16
Genre Law
ISBN 0472024205

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In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro. Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial behavior--attitudinal, strategic, and historical-institutionalist--and shows how the research of these foundational scholars has contributed to contemporary debates about how to conceptualize judges as policy makers. Chapters utilize correspondence of and interviews with some early scholars, and provide a format to connect the concerns and controversies of the first political scientists of law and courts to contemporary challenges and methodological debates among today's judicial scholars. The volume's purpose in looking back is to look forward: to contribute to an ecumenical research agenda on judicial decision making, and, ultimately, to the generation of a unified, general theory of judicial behavior. The Pioneers of Judicial Behavior will be of interest to graduate students in the law and courts field, political scientists interested in the philosophy of social science and the history of the discipline, legal practitioners and researchers, and political commentators interested in academic theorizing about public policy making. Nancy L. Maveety is Associate Professor of Political Science, Tulane University.

The New White Nationalism in America

The New White Nationalism in America
Title The New White Nationalism in America PDF eBook
Author Carol M. Swain
Publisher Cambridge University Press
Pages 566
Release 2002-06-10
Genre Political Science
ISBN 9780521808866

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The author hopes to educate the public regarding white nationalists.