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For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is ...
This book addresses political legitimacy and system support in one democracy, Canada.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1987.
Who gets seated on the lower federal courts and why? Why are some nominees confirmed easily while others travel a long, hard road to confirmation? What role do senators and interest groups play in determining who will become a federal judge? The lower federal courts have increasingly become the final arbiters of the important political and social issues of the day. As a result, who gets seated on the bench has become a major political issue. In Battle over the Bench, Amy Steigerwalt argues that the key to understanding the dynamics of the lower court confirmation process is to examine the process itself. She offers a new analytic framework for understanding when nominations become contested,...
From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate.In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on ...
The presidency of George W. Bush is notable for the grand scale of its ambitions, the controversy that these ambitions generated, and the risks he regularly courted in the spheres of politics, economics, and foreign policy. Bush's ultimate goal was indeed ambitious: the completion of the conservative "regime change" first heralded by the election of Ronald Reagan in 1980. But ironically this effort sewed the very discord that ultimately took root and emerged to frustrate Bush's plans, and may even have begun to unravel aspects of the Reagan revolution he sought to institutionalize. Politically, the Bush White House sought the entrenchment of consistent Republican electoral majorities. Instit...
Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other econ...
Never losing sight of the historical foundations of the office of President of the United States, the authors maintain a delicate balance as they examine the presidency through a modern lens.
Realism has been the subject of critical scrutiny for some time and this examination aims to identify and define its strengths and shortcomings, making a contribution to the study of international relations.
This collection of readings examines the tools used by today's government to achieve legitimacy, effectiveness, and accountability. The contributors examine the "instrument choice" perspective on government and public policy over the past two decades, moving beyond the preoccupation with deregulation and efficiency to trace the complex relationships between instrument choices and governance. Readers are encouraged to consider factors in the design of complex mixes, such as issues of redundancy, context, the rule of law and accountability. These latter factors are especially central in today's world to the design and implementation of effective instrument choices by governments and, ultimately, to good governance. The authors conclude that instrument choice itself is integral to government and governance.