The Use of Social Science Data in Supreme Court Decisions

The Use of Social Science Data in Supreme Court Decisions
Author :
Publisher : University of Illinois Press
Total Pages : 204
Release :
ISBN-10 : 0252066618
ISBN-13 : 9780252066610
Rating : 4/5 (18 Downloads)

Synopsis The Use of Social Science Data in Supreme Court Decisions by : Rosemary J. Erickson

The cultures of law and social science differ markedly as to the kinds of truth they pursue. Law is deductive, presenting its findings as certainties; social science is largely inductive, presenting its conclusions as subject to revision and contingency. Yet the legal community traditionally draws at will and unsystematically on the findings of social science, sometimes with unfortunate results. The authors of this study explore this issue by focusing on the manner in which the United States Supreme Court uses social science data in reaching its decisions. Concentrating on decisions involving the issues of abortion, sex discrimination, and sexual harassment, they show that the use of such data has increased over the last twenty years, but they also show that whether such data are used appears to hinge more on the liberal, conservative, or longheld positions of the judges and the types of cases involved, rather than on the objectivity or validity of the data. By offering insights into how data are used by the Supreme Court, the authors hope to show social scientists how to make their research more suitable for courtroom use and to show the legal community how such data can be used more effectively.

The Supreme Court Compendium

The Supreme Court Compendium
Author :
Publisher : CQ-Roll Call Group Books
Total Pages : 768
Release :
ISBN-10 : UCAL:B4590829
ISBN-13 :
Rating : 4/5 (29 Downloads)

Synopsis The Supreme Court Compendium by : Lee Epstein

"The Supreme Court Compendium: Data, Decisions, and Developments is a comprehensive collection of information on the Court and the justices -- past and present. The authors have enriched the second edition not only by adding current information to the tables now include data from the Vinson Court era drawn from the newly expanded U.S. Supreme Court Judicial Database. The second edition also features a list of Internet sites relating to the Court." -- Back cover.

Supreme Court Decision-Making

Supreme Court Decision-Making
Author :
Publisher : University of Chicago Press
Total Pages : 368
Release :
ISBN-10 : 0226109542
ISBN-13 : 9780226109541
Rating : 4/5 (42 Downloads)

Synopsis Supreme Court Decision-Making by : Cornell W. Clayton

What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

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

Friends of the Supreme Court: Interest Groups and Judicial Decision Making
Author :
Publisher : Oxford University Press
Total Pages : 249
Release :
ISBN-10 : 9780199707225
ISBN-13 : 0199707227
Rating : 4/5 (25 Downloads)

Synopsis Friends of the Supreme Court: Interest Groups and Judicial Decision Making by : Paul M. Collins, Jr.

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.

The Supreme Court and American Political Development

The Supreme Court and American Political Development
Author :
Publisher : University Press of Kansas
Total Pages : 526
Release :
ISBN-10 : 9780700614394
ISBN-13 : 0700614397
Rating : 4/5 (94 Downloads)

Synopsis The Supreme Court and American Political Development by : Ronald Kahn

This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore the developmental nature of the Court, revealing how its decision-making and legal authority evolve in response to a variety of influences: not only laws and legal precedents, but also social and political movements, election returns and regime changes, advocacy group litigation, and the interpretive community of scholars, journalists, and lawyers. Initial chapters reexamine standard approaches to the question of causation in judicial decision-making and the relationship between the Court and the ambient political order. Next, a selection of historical case studies exemplifies how the Court constructs its own authority as it defines individual rights and the powers of government. They show how interpretations of the Reconstruction amendments inform our understanding of racial discrimination, explain the undermining of affirmative action after Bakke, and consider why Roe v. Wade has yet to be overturned. They also tell how the Court has collaborated with political coalitions to produce the New Deal, Great Society, and Reagan Revolution, and why Native Americans have different citizenship rights than other Americans. These contributions encourage further debate about the nature and processes of constitutional change and invite APD scholars to think about law and the Court in more sophisticated ways.

The Oxford Handbook of Empirical Legal Research

The Oxford Handbook of Empirical Legal Research
Author :
Publisher : OUP Oxford
Total Pages : 1112
Release :
ISBN-10 : 9780191635434
ISBN-13 : 019163543X
Rating : 4/5 (34 Downloads)

Synopsis The Oxford Handbook of Empirical Legal Research by : Peter Cane

The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

Education, Social Science and the Judicial Process

Education, Social Science and the Judicial Process
Author :
Publisher :
Total Pages : 100
Release :
ISBN-10 : UCR:31210024949545
ISBN-13 :
Rating : 4/5 (45 Downloads)

Synopsis Education, Social Science and the Judicial Process by : National Institute of Education (U.S.). Desegregation Studies Staff

Social Science Research

Social Science Research
Author :
Publisher : CreateSpace
Total Pages : 156
Release :
ISBN-10 : 1475146124
ISBN-13 : 9781475146127
Rating : 4/5 (24 Downloads)

Synopsis Social Science Research by : Anol Bhattacherjee

This book is designed to introduce doctoral and graduate students to the process of conducting scientific research in the social sciences, business, education, public health, and related disciplines. It is a one-stop, comprehensive, and compact source for foundational concepts in behavioral research, and can serve as a stand-alone text or as a supplement to research readings in any doctoral seminar or research methods class. This book is currently used as a research text at universities on six continents and will shortly be available in nine different languages.

Anthropology and Law

Anthropology and Law
Author :
Publisher : Berghahn Books
Total Pages : 244
Release :
ISBN-10 : 9781782386063
ISBN-13 : 1782386068
Rating : 4/5 (63 Downloads)

Synopsis Anthropology and Law by : James M. Donovan

The relationship between Law and Anthropology can be considered as having been particularly intimate. In this book the authors defend their assertion that the two fields co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology, for example, offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems. Legal practice renders a further important benefit to anthropology when it validates anthropological knowledge through the use of anthropologists as expert witnesses in the courtroom and the introduction of the "culture defense" against criminal charges. Although the actual relationship between anthropology and law today falls short of this idealized state of balanced reciprocity, the authors include historical and other data suggesting that that level of intimate cooperation draws ever closer.