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Judging on a Collegial Court
Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
A Functional Theory of Government, Law, and Institutions
This book examines the notion that while states may differ in terms of ideology, economic system, and institutional architecture, their role as an organizing framework for system-wide political action and international relations is contingent on a series of competing and oftentimes mutually exclusive factors. This work clarifies factors that contribute to our understanding of the critical roles of systemic and sub-systemic elements of society and how they reinforce the reciprocal problems of human and social organizations, and the institutionalization processes that help to constrain them.
Making Good Law or Good Policy?
This book uses role theory to analyze the judicial decisions made by state supreme court judges. Grounded in the fields of anthropology, business management, psychology, and sociology, role theory holds that, for each position an individual occupies in society, he or she creates a role orientation, or a belief about the limits of proper behavior. Judicial role orientation is conceptualized as the stimuli that a judge feels can legitimately be allowed to influence his or her decision-making and, in the case of conflict among influences, what priorities to assign to different decisional criteria. This role orientation is generally seen as existing on a spectrum ranging from activist to restrai...
Gender and Justice
Intended for use in courses on law and society, as well as courses in women’s and gender studies, women and politics, and women and the law, this book explores different questions in different North American and European geographical jurisdictions and courts, demonstrating the value of a gender analysis of courts, judges, law, institutions, organizations, and, ultimately, politics. Gender and Justice argues empirically for both more women and more feminists on the bench, while demonstrating that achieving these two aims are independent projects.
When Dissents Matter
The ability of US Supreme Court justices to dissent from the majority, to formally register and explain their belief that a case has been wrongly decided, represents a time-honored tradition of perhaps the most august American institution. Yet the impact of these dissents, which allow justices to engage in a dialogue over law and policy, has seldom, if ever, been the focus of dedicated study. Analyzing the influence of past dissents on later Supreme Court majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why. Drawing on the private papers of the justices and original data, this book demonstrates that court majorities engage with dissents posing a particular threat to their opinions, and that they can be persuaded by thoughtful and careful dissenting arguments.
The Supreme Court
Provides a quantitative history of the development of constitutional law in the United States during the past 150 years.
Making Minimum Wage
The US Supreme Court’s 1937 decision in West Coast Hotel v. Parrish, upholding the constitutionality of Washington State’s minimum wage law for women, had monumental consequences for all American workers. It also marked a major shift in the Court’s response to President Franklin D. Roosevelt’s New Deal agenda. In Making Minimum Wage, Helen J. Knowles tells the human story behind this historic case. West Coast Hotel v. Parrish pitted a Washington State hotel against a chambermaid, Elsie Parrish, who claimed that she was owed the state’s minimum wage. The hotel argued that under the concept of “freedom of contract,” the US Constitution allowed it to pay its female workers whateve...
The Changing Politics of Gun Control
In recent years, political discourse about gun control and the Second Amendment has become increasingly volatile and this collection of original essays by top scholars illuminates the various reasons why. Gun lobbies such as the National Rifle Association are more organized and aggressive and their issue agenda has evolved as new and more powerful weapons and militia appear. On the other side of the debate, the critical wounding of James Brady gave gun control advocates a visible martyr with strong ties to Republican conservatives. In sum, gun control and the right to bear arms have become hotly disputed issues where political alignments are constantly shifting. The contributors chart these changes and explore how Congress, the courts, the President, and individual states are currently addressing the issue of gun control. This book, which includes profiles and examinations of relevant interest groups, the gun control coalition, recent Supreme Court decisions, and public opinion surveys, will be of great interest to classes in political science, American government, law, and sociology.
Comparative Law and Economics
Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship. With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements. This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.
Encyclopedia of the United States Constitution
Covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country, the United States Constitution.
