The Choices Justices Make

Author: Lee Epstein,Jack Knight

Publisher: SAGE

ISBN: 148330485X

Category: Political Science

Page: 224

View: 8652

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.
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The choices justices make

Author: Lee Epstein,Jack Knight

Publisher: Cq Pr

ISBN: 9781568022260

Category: Law

Page: 200

View: 7435

The Choices Justices Make argues convincingly that Supreme Court justices are policy-makers who strategically select courses of action by weighing not only their own preferences, but also the actions they expect from their colleagues on the Court, Congress, and the president.Enriched with unique data, stories, and internal documents culled from four justices' private papers, this book makes a strong case for the factors that hold sway over justices as they decide which cases to accept, how to vote in conference, and how to word their written opinions.
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The Choices Justices Make

Author: Epstein,Epstein & Knight,Cram101 Textbook Reviews,Knight

Publisher: Academic Internet Pub Incorporated

ISBN: 9781428822764

Category: Education

Page: 49

View: 5725

Never HIGHLIGHT a Book Again! Virtually all of the testable terms, concepts, persons, places, and events from the textbook are included. Cram101 Just the FACTS101 studyguides give all of the outlines, highlights, notes, and quizzes for your textbook with optional online comprehensive practice tests. Only Cram101 is Textbook Specific. Accompanys: 9781568022260 .
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Courts, Judges, and Politics

Author: Lee Epstein, Dr.,C. Herman Pritchett,Jack Knight,Walter F Murphy

Publisher: McGraw-Hill Education

ISBN: 9780072977059

Category: Political Science

Page: 816

View: 7000

This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long: its effective structure, thorough coverage, narrative voice, choice of excerpts, and teaching flexibility.
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Advice and Consent

The Politics of Judicial Appointments

Author: Lee Epstein,Jeffrey A. Segal

Publisher: Oxford University Press

ISBN: 9780195345834

Category: Political Science

Page: 192

View: 470

From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
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NOMOS LIX

NOMOS LIX

Author: Jack Knight

Publisher: NYU Press

ISBN: 147981802X

Category: Political Science

Page: 288

View: 4821

A distinguished group of scholars explores compromise in contemporary affairs Do lawmakers have a greater ethical responsibility to compromise than ordinary citizens? How does one rectify what is at stake when lawmakers concede to compromise for the sake of reaching resolution? Is compromise necessarily equalizing and is it a reasonable mode of problem solving and dispute resolution? In this latest installment from the NOMOS series, distinguished scholars across the fields of political science, law, and philosophy tackle the complex set of questions that relate to the practice of compromise and its implications for social and political life in modern societies. The volume, edited by Jack Knight, brings together a range of perspectives – in both disciplinary and substantive terms – on representation, political morality, disagreement, negotiation, and various forms of compromise. The ten essays reflect a variety of considerations across interdisciplinary lines, and provide a new and thought-provoking discussion of the policy, practice, and philosophy of compromise, covering a number of specific topics including alternative dispute resolution (ADR) and conscientious objection. Examining these issues and more, Compromise offers new and thought provoking insights into the pressing issue of the importance of compromise in social and political affairs.
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Answering the Call of the Court

How Justices and Litigants Set the Supreme Court Agenda

Author: Vanessa A. Baird

Publisher: University of Virginia Press

ISBN: 0813930448

Category: Political Science

Page: 240

View: 4122

The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court’s agenda. Vanessa A. Baird’s Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices’ priorities, litigants’ strategies, and aggregate policy outputs of the U.S. Supreme Court. Most previous studies on the Supreme Court’s agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before justices choose which cases they will hear. When justices signal their interest in a particular policy area, litigants respond by sponsoring well-crafted cases in those policy areas. Approximately four to five years later, the Supreme Court’s agenda in those areas expands, with cases that are comparatively more politically important and divisive than other cases the Court hears. From issues of discrimination and free expression to welfare policy, from immigration to economic regulation, strategic supporters of litigation pay attention to the goals of Supreme Court justices and bring cases they can use to achieve those goals. Since policy making in courts is iterative, multiple well-crafted cases are needed for courts to make comprehensive policy. Baird argues that judicial policy-making power depends on the actions of policy entrepreneurs or other litigants who systematically respond to the priorities and preferences of Supreme Court justices.
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The Supreme Court Compendium

Data, Decisions, and Developments

Author: Lee Epstein,Jeffrey A. Segal,Harold J. Spaeth,Thomas G. Walker

Publisher: CQ Press

ISBN: 148337663X

Category: Law

Page: 872

View: 2304

The Supreme Court Compendium provides historical and statistical information on the Supreme Court: its institutional development; caseload; decision trends; the background, nomination, and voting behavior of its justices; its relationship with public, governmental, and other judicial bodies; and its impact. With over 180 tables and figures, this new edition is intended to capture the full retrospective picture through the 2013-2014 term of the Roberts Court and the momentous decisions handed down within the last four years, including United States v. Windsor, National Federation of Independent Business v. Sebelius, and Shelby County v. Holder.
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Constitutional Law for a Changing America

Rights, Liberties, and Justice

Author: Lee Epstein,Thomas G. Walker

Publisher: CQ Press

ISBN: 1506380328

Category: Political Science

Page: 792

View: 1139

Capturing the authors’ excitement for constitutional law, this updated Tenth Edition of Constitutional Law for a Changing America shows you how judicial decisions are influenced by political factors—from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2017 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the United States with other nations, and “Aftermath” boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text helps you develop a thorough understanding of the way the U.S. Constitution protects civil rights and liberties.
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Justices, Presidents, and Senators

A History of the U.S. Supreme Court Appointments from Washington to Bush II

Author: Henry Julian Abraham

Publisher: Rowman & Littlefield

ISBN: 9780742558953

Category: History

Page: 439

View: 545

Explains how United States presidents select justices for the Supreme Court, evaluates the performance of each justice, and examines the influence of politics on their selection.
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The Behavior of Federal Judges

Author: Lee Epstein,William M Landes,Richard A Posner

Publisher: Harvard University Press

ISBN: 0674070682

Category: Law

Page: 440

View: 4632

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.
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The Politics of Precedent on the U.S. Supreme Court

Author: Thomas G. Hansford,James F. Spriggs

Publisher: Princeton University Press

ISBN: 9780691123547

Category: History

Page: 155

View: 2568

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.
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Crafting Law on the Supreme Court

The Collegial Game

Author: Forrest Maltzman,James F. Spriggs,Paul J. Wahlbeck

Publisher: Cambridge University Press

ISBN: 9780521783941

Category: Law

Page: 206

View: 758

In Crafting Law on the Supreme Court, Maltzman, Spriggs, and Wahlbeck use material gleaned from internal memos circulated among justices on the U.S. Supreme Court to systematically account for the building of majority opinions. The authors argue that at the heart of this process are justices whose decisions are constrained by the choices made by the other justices. The portrait of the Supreme Court that emerges stands in sharp contrast to the conventional portrait where justices act solely on the basis of the law or their personal policy preferences. This book provides a fascinating glimpse of how the Court crafts the law.
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The Psychology of the Supreme Court

Author: Lawrence S. Wrightsman

Publisher: Oxford University Press

ISBN: 0190294299

Category: Psychology

Page: 336

View: 7955

With the media spotlight on the recent developments concerning the Supreme Court, more and more people have become increasingly interested in the highest court in the land. Who are the justices that run it and how do they make their decisions? The Psychology of the Supreme Court by Lawrence S. Wrightsman is the first book to thoroughly examine the psychology of Supreme Court decision-making. Dr. Wrightsman's book seeks to help us understand all aspects of the Supreme Court's functioning from a psychological perspective. This timely and comprehensive work addresses many factors of influence including, the background of the justices, how they are nominated and appointed, the role of their law clerks, the power of the Chief Justice, and the day-to-day life in the Court. Dr. Wrightsman uses psychological concepts and research findings from the social sciences to examine the steps of the decision-making process, as well as the ways in which the justices seek to remain collegial in the face of conflict and the degree of predictability in their votes. Psychologists and scholars, as well as those of us seeking to unravel the mystery of The Supreme Court of the United States will find this book to be an eye-opening read.
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Wealth

NOMOS LVIII

Author: Jack Knight,Melissa Schwartzberg

Publisher: NYU Press

ISBN: 1479827002

Category: Law

Page: 352

View: 2300

An in-depth political, legal, and philosophical study into the implications of wealth inequality in modern societies. Wealth, and specifically its distribution, has been a topic of great debate in recent years. Calls for justice against corporations implicated in the 2008 financial crash; populist rallying against “the one percent”; distrust of the influence of wealthy donors on elections and policy—all of these issues have their roots in a larger discussion of how wealth operates in American economic and political life. In Wealth a distinguished interdisciplinary group of scholars in political science, law and philosophy address the complex set of questions that relate to economic wealth and its implications for social and political life in modern societies. The volume thus brings together a range of perspectives on wealth, inequality, capitalism, oligarchy, and democracy. The essays also cover a number of more specific topics including limitarianism, US Constitutional history, the wealth defense industry, slavery, and tax policy. Wealth offers analysis and prescription including original assessment of existing forms of economic wealth and creative policy responses for the negative implications of wealth inequality. Economic wealth and its distribution is a pressing issue and this latest installment in the NOMOS series offers new and thought provoking insights.
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The Most Dangerous Branch

Inside the Supreme Court's Assault on the Constitution

Author: David A. Kaplan

Publisher: Crown

ISBN: 1524759929

Category: Political Science

Page: 464

View: 839

In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The next justice—replacing Anthony Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court – Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades – from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.
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Routledge Handbook of Judicial Behavior

Author: Robert M. Howard,Kirk A. Randazzo

Publisher: Routledge

ISBN: 1317430387

Category: Political Science

Page: 518

View: 3635

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.
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The Oxford Handbook of U. S. Judicial Behavior

Author: Lee Epstein,Stefanie A. Lindquist

Publisher: Oxford University Press

ISBN: 019957989X

Category: Political Science

Page: 592

View: 4512

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.
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