The Puzzle of Unanimity

The Puzzle of Unanimity
Author :
Publisher : Stanford University Press
Total Pages : 216
Release :
ISBN-10 : 9780804786324
ISBN-13 : 0804786321
Rating : 4/5 (24 Downloads)

Synopsis The Puzzle of Unanimity by : Pamela C. Corley

The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U.S. Supreme Court database, internal court documents, and the justices' private papers, The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus. Pamela Corley, Amy Steigerwalt, and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple, concurrently-operating forces that cannot be fully accounted for by ideological attitudes. In this thorough investigation, the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences.

Law, Ideology, and Collegiality

Law, Ideology, and Collegiality
Author :
Publisher : McGill-Queen's Press - MQUP
Total Pages : 236
Release :
ISBN-10 : 9780773587496
ISBN-13 : 0773587497
Rating : 4/5 (96 Downloads)

Synopsis Law, Ideology, and Collegiality by : Donald R. Songer

The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and measures that tap their perceived ideological tendencies to provide a critical examination of the ideological roots of judicial decision making, uncovering the complexity of contemporary judicial behaviour. Examining judicial behaviour through the lens of three different research strategies grounded in qualitative and quantitative methodologies, Law, Ideology, and Collegiality presents compelling evidence that political ideology is a key factor in decision making and a prominent source of conflict in the Supreme Court of Canada.

By the Court

By the Court
Author :
Publisher : UBC Press
Total Pages : 269
Release :
ISBN-10 : 9780774861748
ISBN-13 : 0774861746
Rating : 4/5 (48 Downloads)

Synopsis By the Court by : Peter McCormick

Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a “By the Court” format. The abandonment of the common law tradition of attributing decisions to individual judges in favour of an anonymous and unanimous approach is unique among Western democracies. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Some significant examples include the Secession of Quebec reference and the Carter decision on assisted suicide. Peter McCormick and Marc Zanoni also ask where and why the idea emerged and whether it signals a genuinely collegial authorship or simply masks the dominance of the Chief Justice. Ultimately, By the Court explores the purposes and potential future of “By the Court,” framing this practice as the most dramatic form of a modern style that highlights the institution and downplays individual contributions.

Supreme Court Review 2016

Supreme Court Review 2016
Author :
Publisher : University of Chicago Press
Total Pages : 474
Release :
ISBN-10 : 9780226490847
ISBN-13 : 022649084X
Rating : 4/5 (47 Downloads)

Synopsis Supreme Court Review 2016 by : Dennis J. Hutchinson

For more than fifty years, The Supreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court’s most significant decisions. The Supreme Court Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. It is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.

The 'Community Method'

The 'Community Method'
Author :
Publisher : Springer
Total Pages : 239
Release :
ISBN-10 : 9780230305670
ISBN-13 : 0230305679
Rating : 4/5 (70 Downloads)

Synopsis The 'Community Method' by : R. Dehousse

Sixty years after its invention, the operational system of the European Union remains little-understood. The 'Community Method' provides a comprehensive empirical analysis of the functioning and achievements of the EU.

American Judicial Process

American Judicial Process
Author :
Publisher : Routledge
Total Pages : 666
Release :
ISBN-10 : 9781136286568
ISBN-13 : 113628656X
Rating : 4/5 (68 Downloads)

Synopsis American Judicial Process by : Pamela C. Corley

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.

Values in the Supreme Court

Values in the Supreme Court
Author :
Publisher : Bloomsbury Publishing
Total Pages : 231
Release :
ISBN-10 : 9781509921874
ISBN-13 : 1509921877
Rating : 4/5 (74 Downloads)

Synopsis Values in the Supreme Court by : Rachel Cahill-O'Callaghan

This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.

The Augustan Court

The Augustan Court
Author :
Publisher : Stanford University Press
Total Pages : 452
Release :
ISBN-10 : 0804720800
ISBN-13 : 9780804720809
Rating : 4/5 (00 Downloads)

Synopsis The Augustan Court by : R. O. Bucholz

Staid respectability and ineffectualness. A special feature of the book is a collective biography of all 1,525 men, women, and children at the court of Queen Anne, the first such study of the personnel of any large institution of later Stuart government.

The Oxford Handbook of U.S. Judicial Behavior

The Oxford Handbook of U.S. Judicial Behavior
Author :
Publisher : Oxford University Press
Total Pages : 671
Release :
ISBN-10 : 9780191505355
ISBN-13 : 0191505358
Rating : 4/5 (55 Downloads)

Synopsis The Oxford Handbook of U.S. Judicial Behavior by : Lee Epstein

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.

Courtiers of the Marble Palace

Courtiers of the Marble Palace
Author :
Publisher : Stanford University Press
Total Pages : 332
Release :
ISBN-10 : 0804753822
ISBN-13 : 9780804753821
Rating : 4/5 (22 Downloads)

Synopsis Courtiers of the Marble Palace by : Todd C. Peppers

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