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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...
The Conscientious Justice
Reveals how Supreme Court justices' personalities, particularly conscientiousness, influence the Law, the High Court, and the Constitution.
Judgment Calls
Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty allows judges too much discretion. They suggest that constitutional adjudication is just politics in disguise, and that judges are legislators in robes who read the Constitution in accordance with their own political views. Some think that political decision making by judges is inevitable, and others think it can be restrained by "strict constructionist" theories like textualism or origin...
Evaluating Elections
This book explores how the tools of public management and policy evaluation can generate the data to improve elections.
Making Rights a Reality?
Making Rights a Reality? explores the way in which disability activists in the United Kingdom and Canada have transformed their aspirations into legal claims in their quest for equality. It unpacks shifting conceptualizations of the political identity of disability and the role of a rights discourse in these dynamics. In doing so, it delves into the diffusion of disability rights among grassroots organizations and the traditional disability charities. The book draws on a wealth of primary sources including court records and campaign documents and encompassing interviews with more than sixty activists and legal experts. While showing that the disability rights movement has had a significant impact on equality jurisprudence in two countries, the book also demonstrates that the act of mobilizing rights can have consequences, both intended and unintended, for social movements themselves.
Frenemies
Social media is polarizing America: using Facebook causes Americans to negatively judge and stereotype those people with whom they disagree about politics.
Back in the Game
The years from 1996 to 2008 mark an important watershed in American politics. During this period changes in the political, demographic, regulatory, and technological landscape created an opportunity for political parties to increase their relevance in the electoral system. In Back in the Game, Brian J. Brox argues that while political parties still provide services to candidates, as they did in the 1970s and 1980s, they have now become influential and independent campaigners in their own right. In addition to providing services, parties now work with candidates as true partners, and increasingly parties act independently of their candidates to pursue collective party goals. Drawing on sources such as interviews with top party staffers and Federal Election Commission data, Brox carefully reveals how modern parties choose among races in an effort to allocate resources in a way that satisfies individual candidates, while simultaneously advancing broader party goals.
The UN Security Council and International Criminal Tribunals: Procedure Matters
The book explains why and how the UN Security Council authorizes international criminal investigations into mass atrocities. In doing so, it tackles head-on the obvious double standards of global justice, where few atrocities get investigated and most slip below the headlines. The book argues that the Council’s decision-making procedure is central to understanding the Council’s decisions. This procedure is broken into three distinct steps, namely the role of diplomats at the Council, the Council’s reliance on third parties and the Council’s resort to precedent. The volume documents that the Council authorized international criminal investigations only into the handful of mass atrocit...
Why the Electoral College Is Bad for America
A new edition of the best-known book critiquing the U.S. electoral college In this third edition of the definitive book on the unique system by which Americans choose a president—and why that system should be changed—George Edwards includes a new chapter focusing on the 2016 election. “As the U.S. hurtles toward yet another election in which the popular vote loser may become president, Edwards’s book is essential reading. It clearly and methodically punctures myths about the Electoral College’s benefits.”—Richard L. Hasen, author of The Voting Wars “Supported by both history and data, George Edwards convincingly argues the Electoral College is anti†‘democratic, anti†‘equality, and anti†‘common sense. We should dismantle it, and soon.”—Kent Greenfield, author of Corporations Are People Too (And They Should Act Like It)
Rights and Retrenchment
This book shows how an increasingly conservative Supreme Court has undermined the enforcement of rights through strategies rejected by Congress.
