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The Politics of Precedent on the U.S. Supreme Court
  • Language: en
  • Pages: 170

The Politics of Precedent on the U.S. Supreme Court

  • Categories: Law

The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they bui...

Crafting Law on the Supreme Court
  • Language: en
  • Pages: 226

Crafting Law on the Supreme Court

  • Categories: Law

Supreme Court decisions stem largely from the political nature of the opinion writing process.

Supreme Court Decision-Making
  • Language: en
  • Pages: 368

Supreme Court Decision-Making

  • Categories: Law

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.

The Politics of Precedent on the U.S. Supreme Court
  • Language: en
  • Pages: 170

The Politics of Precedent on the U.S. Supreme Court

The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they bui...

Settled Versus Right
  • Language: en
  • Pages: 191

Settled Versus Right

  • Categories: Law

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

US Supreme Court Opinions and their Audiences
  • Language: en
  • Pages: 197

US Supreme Court Opinions and their Audiences

  • Categories: Law

An investigation of how US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences.

Supreme Court Confirmation Hearings and Constitutional Change
  • Language: en
  • Pages: 313

Supreme Court Confirmation Hearings and Constitutional Change

  • Categories: Law

This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.

American Gridlock
  • Language: en
  • Pages: 435

American Gridlock

American Gridlock is a comprehensive analysis of polarization encompassing national and state politics, voters, elites, activists, the media, and the three branches of government.

How Judges Think
  • Language: en
  • Pages: 399

How Judges Think

  • Categories: Law

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confi...

A General History of The Pyrates
  • Language: en
  • Pages: 304

A General History of The Pyrates

‘A General History of the Pyrates’ is a captivating account of some of history’s most notorious pirates. The author, writing as Captain Charles Johnson, blends fiction and non-fiction to provide readers with a most entertaining version of these iconic heroes and villains. This book was a massive success upon its first release due to its adventurous stories filled with danger and treasure and its influence lives on to this day as it shaped the modern view of pirates. Some of the best accounts in the book are of the infamous Blackbeard and the trailblazing female pirates Anne Bonny and Mary Read. ‘A General History of the Pyrates’ is the definitive story of the golden age of piracy a...