Judging Law And Policy

Author: Robert M. Howard
Publisher: Routledge
ISBN: 1136887601
Size: 63.60 MB
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To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.

American Courts Process And Policy

Author: Lawrence Baum
Publisher: Cengage Learning
ISBN: 0495916374
Size: 37.67 MB
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The highly respected AMERICAN COURTS: PROCESS AND POLICY, by top Courts scholar Lawrence Baum, provides clear descriptions of the courts and the activities of the various courts. The Seventh Edition explains what courts do, how people within them behave, and how they relate to the rest of the political system. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Routledge Handbook Of Judicial Behavior

Author: Robert M. Howard
Publisher: Routledge
ISBN: 1317430387
Size: 18.85 MB
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Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective.? Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.

The Puzzle Of Unanimity

Author: Pamela C. Corley
Publisher: Stanford University Press
ISBN: 0804786321
Size: 74.21 MB
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The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U.S. Supreme Court database, internal court documents, and the justices' private papers, The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus. Pamela Corley, Amy Steigerwalt, and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple, concurrently-operating forces that cannot be fully accounted for by ideological attitudes. In this thorough investigation, the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences.

Judging Policy

Author: Matthew Taylor
Publisher: Stanford University Press
ISBN:
Size: 55.16 MB
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Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts? Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes. Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.

Presidential Leadership Politics And Policy Making

Author: George Edwards, III
Publisher: Cengage Learning
ISBN: 0495569348
Size: 76.17 MB
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From routine operations to the workings of a White House in crisis, this comprehensive, best-selling text examines all aspects of the presidency in rich detail. With a special emphasis on policy, the new edition surveys the most up-to-date scholarship on the topic, and includes an examination of the groundbreaking 2008 presidential election. Best-selling authors George C. Edwards and Stephen J. Wayne use engaging analysis and timely, fascinating examples to view the presidency from two theoretical standpoints the president as facilitator, and the president as director of change. A theoretical (versus chronological) approach combined with the currency and relevance of the material, makes PRESIDENTIAL LEADERSHIP: POLITICS AND POLICY MAKING, 8th Edition, the most comprehensive text available today for the presidential studies course. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Judicial Policy Making And The Modern State

Author: Malcolm M. Feeley
Publisher: Cambridge University Press
ISBN: 9780521777346
Size: 50.64 MB
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Investigates the role of federal judges in prison reform, and policy making in general.

Making Policy Making Law

Author: Mark C. Miller
Publisher: Georgetown University Press
ISBN: 1589010256
Size: 34.27 MB
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The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.

Judicial Politics In The United States

Author: Mark C. Miller
Publisher: Routledge
ISBN: 0429973233
Size: 32.84 MB
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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.

American Government And Politics Today The Essentials 2008

Author: Barbara Bardes
Publisher: Cengage Learning
ISBN: 0495503258
Size: 57.21 MB
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The best-selling book published for American Government, AMERICAN GOVERNMENT AND POLITICS TODAY: THE ESSENTIALS 2008 EDITION enables students to experience the excitement that comes from active, informed citizenship. Bardes, Shelley, and Schmidt's text is renowned for providing unbiased, comprehensive, and up-to-date coverage of constitutional, governmental, political, social, and economic structures and processes in a concisely organized package. Inspiring and captivating, the text's overriding theme is the importance of informed active citizenship. The pedagogy underscores this theme by soliciting critical thinking about political issues and encouraging students to become involved the political process. With keen awareness of its audience, AMERICAN GOVERNMENT AND POLITICS TODAY: THE ESSENTIALS 2008 EDITION incorporates current examples, the Internet, and other media to stimulate learning and excitement about American government. This truly interactive text gives students more than reading material--it gives them tools to become good citizens. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.