Inconsistency and Indecision in the United States Supreme Court PDF Download
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Author: Matthew P Hitt
Publisher: University of Michigan Press
ISBN: 0472125222
Category : Political Science
Languages : en
Pages : 235
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Book Description
The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.
Author: Matthew P Hitt
Publisher: University of Michigan Press
ISBN: 0472125222
Category : Political Science
Languages : en
Pages : 235
Get Book Here
Book Description
The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.
Author: Matthew P. Hitt
Publisher: University of Michigan Press
ISBN: 0472131362
Category : Political Science
Languages : en
Pages : 235
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Book Description
The Supreme Court cannot be both efficient and consistent, and thus fails in its Constitutional mandate
Author: Ryan C. Black
Publisher: University of Michigan Press
ISBN: 0472118463
Category : Law
Languages : en
Pages : 154
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Book Description
Oral arguments are a key aspect of the Supreme Court's decision-making process
Author: Michael P. Fix
Publisher: Cambridge University Press
ISBN: 1108864872
Category : Law
Languages : en
Pages : 209
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Book Description
US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents – Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago – Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.
Author: Lawrence Baum
Publisher: CQ Press
ISBN: 1544390149
Category : Political Science
Languages : en
Pages : 281
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Book Description
In The Supreme Court, Lawrence Baum provides a brief yet comprehensive introduction to the U.S. Supreme Court, one that is balanced and illuminating. In successive chapters, the book examines each major aspect of the Court: the selection, backgrounds, and departures of justices; the creation of the Court′s agenda; the decision-making process and the factors that shape the Court′s decisions; the substance of the Court′s policies; and the Court′s impact on government and American society. Describing the Court′s personalities and procedures, and delving deeply to explain the actions of the Court and the behavior of justices, Baum shows students the Court′s complexity and reach. Tables and figures, plus a lively photo program, make this one of the most engaging books available. It is simply the standard.
Author: Joshua P. Darr
Publisher: Cambridge University Press
ISBN: 110895264X
Category : Political Science
Languages : en
Pages : 139
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Book Description
Local newspapers can hold back the rising tide of political division in America by turning away from the partisan battles in Washington and focusing their opinion page on local issues. When a local newspaper in California dropped national politics from its opinion page, the resulting space filled with local writers and issues. We use a pre-registered analysis plan to show that after this quasi-experiment, politically engaged people did not feel as far apart from members of the opposing party, compared to those in a similar community whose newspaper did not change. While it may not cure all of the imbalances and inequities in opinion journalism, an opinion page that ignores national politics could help local newspapers push back against political polarization.
Author: Janet M. Box-Steffensmeier
Publisher: Cambridge University Press
ISBN: 1316060500
Category : Political Science
Languages : en
Pages : 297
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Book Description
Time series, or longitudinal, data are ubiquitous in the social sciences. Unfortunately, analysts often treat the time series properties of their data as a nuisance rather than a substantively meaningful dynamic process to be modeled and interpreted. Time Series Analysis for the Social Sciences provides accessible, up-to-date instruction and examples of the core methods in time series econometrics. Janet M. Box-Steffensmeier, John R. Freeman, Jon C. Pevehouse and Matthew P. Hitt cover a wide range of topics including ARIMA models, time series regression, unit-root diagnosis, vector autoregressive models, error-correction models, intervention models, fractional integration, ARCH models, structural breaks, and forecasting. This book is aimed at researchers and graduate students who have taken at least one course in multivariate regression. Examples are drawn from several areas of social science, including political behavior, elections, international conflict, criminology, and comparative political economy.
Author: Daniel Kahneman
Publisher: Little, Brown
ISBN: 031645138X
Category : Business & Economics
Languages : en
Pages : 429
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Book Description
From the Nobel Prize-winning author of Thinking, Fast and Slow and the coauthor of Nudge, a revolutionary exploration of why people make bad judgments and how to make better ones—"a tour de force” (New York Times). Imagine that two doctors in the same city give different diagnoses to identical patients—or that two judges in the same courthouse give markedly different sentences to people who have committed the same crime. Suppose that different interviewers at the same firm make different decisions about indistinguishable job applicants—or that when a company is handling customer complaints, the resolution depends on who happens to answer the phone. Now imagine that the same doctor, the same judge, the same interviewer, or the same customer service agent makes different decisions depending on whether it is morning or afternoon, or Monday rather than Wednesday. These are examples of noise: variability in judgments that should be identical. In Noise, Daniel Kahneman, Olivier Sibony, and Cass R. Sunstein show the detrimental effects of noise in many fields, including medicine, law, economic forecasting, forensic science, bail, child protection, strategy, performance reviews, and personnel selection. Wherever there is judgment, there is noise. Yet, most of the time, individuals and organizations alike are unaware of it. They neglect noise. With a few simple remedies, people can reduce both noise and bias, and so make far better decisions. Packed with original ideas, and offering the same kinds of research-based insights that made Thinking, Fast and Slow and Nudge groundbreaking New York Times bestsellers, Noise explains how and why humans are so susceptible to noise in judgment—and what we can do about it.
Author: Herbert J. Stern
Publisher: Simon and Schuster
ISBN: 1510758305
Category : True Crime
Languages : en
Pages : 561
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Book Description
"Suspenseful...moving...equal to any fictional thriller." —San Francisco Chronicle In August 1978, the Iron Curtain still hung heavily across Europe. To escape from oppressive East Berlin, an East German couple, Hans Detlef Alexander Tiede and Ingrid Ruske, hijacked a Polish airliner and diverted it to the American sector of West Berlin. Along with the couple, several passengers spontaneously defected to the West, and were welcomed by US officials. But within hours, Communist officials reminded the West of the anti-hijacking agreements in the Warsaw Pact, and thus the fugitives were arrested by the US State Department. Thirty-four years after World War II, the United States built a court in the middle of West Berlin, the former capital of the Third Reich, in the building that once housed the Luftwaffe, to try the hijacking couple. Former NJ district attorney, now a judge, Herbert J. Stern was appointed the "United States Judge for Berlin." What followed was a trial full of maneuvers and strategies that would put Perry Mason to shame, and answered the question: what is allowed to people seeking freedom? Judgment in Berlin, also a major motion picture starring Martin Sheen and Sean Penn, is unsurpassed as a true-life suspense story, with its vivid accounts of daring escapes, close calls, diplomatic intrigue, and dramatic courtroom confrontations. The original edition won the Freedom Foundation Award, and this updated edition includes a new introduction from author and trial judge Herbert J. Stern.
Author: Ryan C. Black
Publisher: Cambridge University Press
ISBN: 1107168716
Category : Law
Languages : en
Pages : 371
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Book Description
Reveals how Supreme Court justices' personalities, particularly conscientiousness, influence the Law, the High Court, and the Constitution.
