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The Supreme Court in a Separation of Powers System
The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucra...
Decision Making by the Modern Supreme Court
There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.
The Oxford Handbook of Comparative Judicial Behaviour
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; advoc...
Bong Hits 4 Jesus
In January 2002, for the first time, the Olympic Torch Relay visited Alaska on its way to the Winter Games. When the relay runner and accompanying camera cars passed Juneau-Douglas High School, senior Joseph Frederick and several friends unfurled a fourteen-foot banner reading "BONG HiTS 4 JESUS." An in-depth look at student rights within a public high school, this book chronicles the events that followed: Frederick's suspension, the subsequent suit against the school district, and, ultimately, the escalation of a local conflict into a federal case. Brought to life through interviews with the principal figures in the case, Bong Hits 4 Jesus is a gripping tale of the boundaries of free speech in an American high school.
The Supreme Court in American Politics
For decades political scientists studying the Court have adopted behavioral approaches and focused on the relatively narrow question of how the justices' policy preferences influence their voting behavior. This emphasis has illuminated important aspects of Supreme Court politics, but it has also left unaddressed many other important questions about this unique and fascinating institution. Drawing on "the new institutionalism" in the social sciences, the distinguished contributors to this volume attempt to fill this gap by exploring a variety of topics, including the Court's institutional development and its relationship to broader political contexts such as party regimes, electoral systems, ...
Navigating the Jungle
For much of our history, legal scholars focused predominantly on the law’s implications for human beings, while ignoring how the law influences animal welfare. Since the 1970s, however, there has been a steep increase in animal advocates’ use of the courts. Animal law has blossomed into a vibrant academic discipline, with a rich literature that examines how the law affects animal welfare and the ability of humans to advocate on behalf of nonhuman animals. But most animal law literature tends to be doctrinally-based or normative. There has been little empirical study of the outcomes of animal law cases and there has been very little attention paid to the political influences of these outcomes. This book fills the gap in animal law literature. This is the first empirically-based analysis of animal law that emphasizes the political forces that shape animal law outcomes.
Routledge Handbook of Judicial Behavior
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...
The War Against Regulation
A concise survey and analysis of presidential attempts over the last thirty years--by Democrats and Republicans alike--to dismantle the regulatory state that first appeared under FDR. Argues that the war against regulation failed and that its excesses remind us of the value and proper role of regulation in American government.
In Defense of a Political Court
Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's p...
The Supreme Court and Juvenile Justice
Taking in a century of change, this work focuses on how the Supreme Court brought the juvenile court system under constitutional control. It describes the case of Gerald Gault, an Arizona teenager who was sent to reform school for making an obscene phone call.
