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Institutional Games and the U.S. Supreme Court
  • Language: en
  • Pages: 366

Institutional Games and the U.S. Supreme Court

  • Categories: Law

Over the course of the past decade, the behavioral analysis of decisions by the Supreme Court has turned to game theory to gain new insights into this important institution in American politics. Game theory highlights the role of strategic interactions between the Court and other institutions in the decisions the Court makes as well as in the relations among the justices as they make their decisions. Rather than assume that the justices' votes reveal their sincere preferences, students of law and politics have come to examine how the strategic concerns of the justices lead to "sophisticated" behavior as they seek to maximize achievement of their goals when faced with constraints on their abi...

Constitutional Precedent in US Supreme Court Reasoning
  • Language: en
  • Pages: 197

Constitutional Precedent in US Supreme Court Reasoning

  • Categories: Law

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.

Oral Arguments and Coalition Formation on the U.S. Supreme Court
  • Language: en
  • Pages: 154

Oral Arguments and Coalition Formation on the U.S. Supreme Court

  • Categories: Law

Oral arguments are a key aspect of the Supreme Court's decision-making process

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

US Supreme Court Opinions and their Audiences

  • Categories: Law

This book is the first study specifically to investigate the extent to which US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences. The authors examine this dynamic by creating a unique measure of opinion clarity and then testing whether the Court writes clearer opinions when it faces ideologically hostile and ideologically scattered lower federal courts; when it decides cases involving poorly performing federal agencies; when it decides cases involving states with less professionalized legislatures and governors; and when it rules against public opinion. The data shows the Court writes clearer opinions in every one of these contexts, and demonstrates that actors are more likely to comply with clearer Court opinions.

Supreme Court Confirmation Hearings in the U.S. Senate
  • Language: en
  • Pages: 175

Supreme Court Confirmation Hearings in the U.S. Senate

  • Categories: Law

How much do Supreme Court nominees reveal at their confirmation hearings, and how do their answers affect senators' votes?

The U.S. Supreme Court: A Very Short Introduction
  • Language: en
  • Pages: 144

The U.S. Supreme Court: A Very Short Introduction

  • Categories: Law

For thirty years, Linda Greenhouse, the Pulitzer Prize-winning author of The U.S. Supreme Court: A Very Short Introduction, chronicled the activities of the justices as the Supreme Court correspondent for the New York Times. In this concise volume, she draws on her deep knowledge of the court's history as well as of its written and unwritten rules to show the reader how the Supreme Court really works.

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...

Strategic Behavior and Policy Choice on the U.S. Supreme Court
  • Language: en
  • Pages: 330

Strategic Behavior and Policy Choice on the U.S. Supreme Court

This book presents the first comprehensive model of policymaking by strategically-rational justices who pursue their own policy preferences in the Supreme Court's multi-stage decision-making process.

International Law in the U.S. Supreme Court
  • Language: en
  • Pages: 655

International Law in the U.S. Supreme Court

  • Categories: Law

This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role.

Essential Supreme Court Decisions
  • Language: en
  • Pages: 574

Essential Supreme Court Decisions

  • Categories: Law

First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.