Judicial Politics in the United States

Judicial Politics in the United States PDF

Author: Mark C. Miller

Publisher: Routledge

Published: 2018-09-03

Total Pages: 272

ISBN-13: 0429973233

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Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.

Judicial Politics: Readings from Judicature

Judicial Politics: Readings from Judicature PDF

Author: Elliot E. Slotnick

Publisher: Rowman & Littlefield

Published: 1999

Total Pages: 666

ISBN-13: 9780938870913

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This anthology of more than seventy articles, published by the American Judicature Society, is distributed by Rowman & Littlefield Publishers.

Judicial Politics in Polarized Times

Judicial Politics in Polarized Times PDF

Author: Thomas M. Keck

Publisher: University of Chicago Press

Published: 2014-12-04

Total Pages: 374

ISBN-13: 022618255X

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This “important and timely discussion of judicial politics” sheds light on America’s courts as they rule on abortion, gay rights, gun rights, and more (Choice). When the Supreme Court upheld the Affordable Care Act, some saw the decision as a textbook example of neutral judicial decision making, noting that a Republican Chief Justice joined the Court’s Democratic appointees in their vote. Others decried the decision as an example of partisan justice citing a Republican bloc of Court appointees who voted to strike the statute down. Still others argued that the ACA’s fate ultimately hinged not on the Court but on the outcome of the 2012 election. These interpretations reflect larger shifts in judicial politics that have emerged in today’s increasingly polarized America. Are judges neutral legal umpires, unaccountable partisan activists, or political actors whose decisions conform to—rather than challenge—the democratic will? Drawing on a sweeping survey of hot-button litigation—on abortion, affirmative action, gay rights, and gun rights—across the Clinton, Bush, and Obama eras, Thomas M. Keck argues that, while each of these perspectives has merit, each is also misleading. Despite judges’ claims, actual legal decisions are not the politically neutral products of disembodied legal texts. But neither are judges “tyrants in robes,” undermining democratic values by imposing their own preferences. Just as often, judges and the public seem to be pushing in the same direction. As for the argument that the courts are powerless institutions, Keck shows that their decisions have profound political effects. And, while advocates on both the left and right use litigation to achieve their ends, neither side has consistently won. Ultimately, Keck argues, judges respond not simply as umpires, activists, or political actors, but in light of distinctive judicial values and practices.

Judicial Power

Judicial Power PDF

Author: Christine Landfried

Publisher: Cambridge University Press

Published: 2019-02-07

Total Pages: 411

ISBN-13: 1108425666

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Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Judicial Politics in Texas

Judicial Politics in Texas PDF

Author: Kyle Cheek

Publisher: Peter Lang

Published: 2005

Total Pages: 204

ISBN-13: 9780820467672

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In recent years, judicial elections have changed dramatically. The elections themselves have become increasingly partisan, interest group involvement in judicial races has escalated, recent court decisions have freed judicial candidates to speak more openly than ever before about their judicial ideologies, and the tenor of judicial campaigns has departed significantly from what were once low-key, sleepy affairs. This book examines the evolution of the new rough-and-tumble politics of judicial elections by focusing on Texas, a bellwether for the new judicial selection politics in America. The Texas experience illustrates what can - and usually will - go wrong when judges are elected, and lays the path for meaningful reforms to stem the tide of the new politics of judicial elections.

Contemplating Courts

Contemplating Courts PDF

Author: Lee Epstein

Publisher: CQ Press

Published: 1995-01-01

Total Pages: 521

ISBN-13: 1483301001

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Seventeen thought-provoking essays in this sophisticated yet accessible reader demonstrate how political scientists conduct research on law, courts, and the judicial process, and at the same time answer interesting, substantive questions. Illustrating the breadth and depth of judicial politics studies, the essays convey to students the array of contemporary thinking -- both theoretical and methodological -- at work in the field. The book's five parts cover subjects taught in most judicial politics courses. Because each chapter stands alone, instructors have the flexibility of assigning less than the whole book or chapters in a different order. Topics examined range from information used by voters electing judges to the credibility of victims of sexualized violence. Accessible to both undergraduate and graduate students, Contemplating Courts offers fascinating views into both the law and courts field and the research process itself. Epstein provides in the first chapter an overview of the key elements of judicial process research and defines key terms. Technical notes and methodology appendices offer students additional guidance.

Routledge Handbook of Judicial Behavior

Routledge Handbook of Judicial Behavior PDF

Author: Robert M. Howard

Publisher: Routledge

Published: 2017-10-02

Total Pages: 518

ISBN-13: 1317430387

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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.

Exploring Judicial Politics

Exploring Judicial Politics PDF

Author: Mark Carlton Miller

Publisher: Oxford University Press, USA

Published: 2009

Total Pages: 388

ISBN-13:

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Exploring Judicial Politics presents twenty original essays by political scientists and judicial scholars on a variety of topics relative to judicial politics. These readings explore the ways in which law and politics intertwine in the United States and cover issues from the trial court level all the way to the Supreme Court, taking into account the various actors in the American legal system. In addition, they provide insights into how judicial scholars go about studying and interpreting various phenomena in the field. Exploring Judicial Politics is an ideal resource for undergraduate courses in Judicial Politics, U.S. Courts, and Law and Society.

The Two Faces of Judicial Power

The Two Faces of Judicial Power PDF

Author: Benjamin G. Engst

Publisher: Springer Nature

Published: 2021-04-17

Total Pages: 255

ISBN-13: 3030460169

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This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.