Amici Curiae and Strategic Behavior in State Supreme Courts PDF Download
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Author: Scott A. Comparato
Publisher: Bloomsbury Publishing USA
ISBN: 0313059586
Category : Law
Languages : en
Pages : 191
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Book Description
Applying strategic approaches to both interest groups as amici curiae and state supreme court justices, Comparato investigates the influence of judicial retention methods and the ballot initiative on their behaivor. The results demonstrate that they behave strategically, attempting to achieve their goals within the confines of the institutional setting. What impact do state-level institutions have on the behavior of state supreme court justices and interest groups participating as amici curiae in those courts? Specifically, is the information provided by interest groups conditioned on the judicial retention system, or whether the state uses the ballot initiative, and does that information impact the decision-making process of the justices? Comparato answers these questions by employing strategic theories of judicial and group behavior, with groups motivated by the attainment of policy and group maintenance, and state supreme court justices motivated by policy and the continued maintenance of their position on the court. He argues that the information provided in amicus curiae briefs allows both groups and state supreme court justices to achieve their respective goals. In order to answer these questions, Comparto analyzes litigant and amicus curiae briefs as well as judicial decisions from seven state supreme courts to evaluate the effects of state-level institutions on the types of information provided to state supreme court justices, and how those justices respond to that information. The results suggest that interest groups do behave strategically, providing information to justices that they believe will be useful in helping the justices retain their seats on the court and achieve their desired policy outcomes. There is also support for the expectation that the information provided by litigants and amici, as well as the retention method, have a direct impact on the decision-making of justices.
Author: Scott A. Comparato
Publisher: Bloomsbury Publishing USA
ISBN: 0313059586
Category : Law
Languages : en
Pages : 191
Get Book Here
Book Description
Applying strategic approaches to both interest groups as amici curiae and state supreme court justices, Comparato investigates the influence of judicial retention methods and the ballot initiative on their behaivor. The results demonstrate that they behave strategically, attempting to achieve their goals within the confines of the institutional setting. What impact do state-level institutions have on the behavior of state supreme court justices and interest groups participating as amici curiae in those courts? Specifically, is the information provided by interest groups conditioned on the judicial retention system, or whether the state uses the ballot initiative, and does that information impact the decision-making process of the justices? Comparato answers these questions by employing strategic theories of judicial and group behavior, with groups motivated by the attainment of policy and group maintenance, and state supreme court justices motivated by policy and the continued maintenance of their position on the court. He argues that the information provided in amicus curiae briefs allows both groups and state supreme court justices to achieve their respective goals. In order to answer these questions, Comparto analyzes litigant and amicus curiae briefs as well as judicial decisions from seven state supreme courts to evaluate the effects of state-level institutions on the types of information provided to state supreme court justices, and how those justices respond to that information. The results suggest that interest groups do behave strategically, providing information to justices that they believe will be useful in helping the justices retain their seats on the court and achieve their desired policy outcomes. There is also support for the expectation that the information provided by litigants and amici, as well as the retention method, have a direct impact on the decision-making of justices.
Author: Saul Brenner
Publisher:
ISBN: 9781107191006
Category : Judicial process
Languages : en
Pages : 210
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Book Description
This book reveals how strategic behavior - or its absence - influences the decisions of the Supreme Court and, as a result, American politics and society.
Author: Aaron Walker
Publisher:
ISBN:
Category : Certiorari
Languages : en
Pages : 74
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Book Description
Author: Ryan James Owens
Publisher:
ISBN:
Category :
Languages : en
Pages : 232
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Book Description
Author: Timothy R. Johnson
Publisher: SUNY Press
ISBN: 9780791461037
Category : Political Science
Languages : en
Pages : 200
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Book Description
How oral arguments influence the decisions of Supreme Court justices.
Author: Salmon A. Shomade
Publisher: Lexington Books
ISBN: 1498543006
Category : Law
Languages : en
Pages : 172
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Book Description
This book examines state Supreme Court decision making during controversies involving religion, race, and gender skirmishes. It analyzes predominant factors influencing state Supreme Court decision making during controversies involving justices serving in these courts and confronting these crises.
Author: Lee Epstein
Publisher: Oxford University Press
ISBN: 0191505358
Category : Political Science
Languages : en
Pages : 671
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Book Description
The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics: George C. Edwards III.
Author: Paul M. Collins, Jr.
Publisher: Oxford University Press
ISBN: 0199707227
Category : Law
Languages : en
Pages : 249
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Book Description
The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.
Author: Mark C. Miller
Publisher: Routledge
ISBN: 0429973233
Category : Political Science
Languages : en
Pages : 272
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Book Description
Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
Author: Matt Grossmann
Publisher: Routledge
ISBN: 1134068956
Category : Political Science
Languages : en
Pages : 302
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Book Description
Reflecting cutting edge scholarship but written for undergraduates, New Directions in Interest Group Politics will help students think critically about influence in the American political system. There is no shortage of fear about "the special interests" in American political debate, but reliable information about what interest groups do, who they represent, and how they influence government is often lacking. This volume, comprised of original essays by leading scholars, is designed to summarize and explain contemporary research that helps address popular questions and concerns, making studies accessible to undergraduate students and providing facts to butress informed debate. The book covers the mobilization of interest groups, their activities, and their influence. Each chapter briefly reviews research on a central question of scholarship before focusing on a particular empirical project designed to shed light on the topic. Rather than simply providing a descriptive overview, the chapters are designed to foster critical thinking by getting students to assess the role of interest groups in the American political system and supplying evidence of their effects. Importantly, a set of web resources associated with the book offer instructions for research and writing assignments. Students will be able to collect and analyze data on campaign finance, lobbying, and interest group involvement in governance. The eResource website includes materials for several classroom simulations, such as an interest group legislative battle, a Netroots convention, and a rule-making process. As they read about key questions in democratic government and current research trends, students can practice serving as interest group activists and conduct original research on topics that most interest them.
