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Author: Timothy R. Johnson
Publisher: SUNY Press
Published: 2004-07-15
Total Pages: 200
ISBN-13: 9780791461037
DOWNLOAD EBOOK →How oral arguments influence the decisions of Supreme Court justices.
Author: Lawrence Wrightsman
Publisher: Oxford University Press
Published: 2008-04-16
Total Pages: 204
ISBN-13: 0195368622
DOWNLOAD EBOOK →When the Supreme Court decides a case, the litigants make an oral presentation. This is the only public part in the steps in the Court's decision, so it provides an important window into its decision-making processes. Using transcripts, the author examines how the oral arguments work, and their effect on the Court's decisions.
Author: Ryan C. Black
Publisher: University of Michigan Press
Published: 2012-10-24
Total Pages: 154
ISBN-13: 0472118463
DOWNLOAD EBOOK →Oral arguments are a key aspect of the Supreme Court's decision-making process
Author: Ryan Malphurs
Publisher: Routledge
Published: 2013-01-04
Total Pages: 248
ISBN-13: 1136182292
DOWNLOAD EBOOK →While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court’s voting pattern, this book offers a contrarian position focused on close scrutiny of the justices’ communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices’ interactions among themselves and the advocates. In addition to offering advancements in scholars’ understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research—the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court’s oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.
Author: Jennifer Barnes Bowie
Publisher: University of Virginia Press
Published: 2014-10-30
Total Pages: 273
ISBN-13: 0813936004
DOWNLOAD EBOOK →For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.
Author: Peter H. Irons
Publisher:
Published: 1993
Total Pages: 375
ISBN-13: 1565840526
DOWNLOAD EBOOK →This book contains transcripts of twenty-three live recordings of landmark cases argued before the United States Supreme Court between 1955 and 1993.
Author: Stephen Breyer
Publisher: Harvard University Press
Published: 2021-09-14
Total Pages: 113
ISBN-13: 0674269365
DOWNLOAD EBOOK →A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author: Frank B. Cross
Publisher: Stanford University Press
Published: 2007
Total Pages: 268
ISBN-13: 9780804757133
DOWNLOAD EBOOK →This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.
Author: Ryan C. Black
Publisher: Cambridge University Press
Published: 2012-04-30
Total Pages: 193
ISBN-13: 1107015294
DOWNLOAD EBOOK →This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process.
