Courts Under Constraints

Author : Gretchen Helmke
Publisher : Cambridge University Press
ISBN 13 : 1107405203
Total Pages : 243 pages
Book Rating : 4.02/5 ( download)

DOWNLOAD NOW!

Download or read book Courts Under Constraints written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2012-07-19 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of how institutional instability affects judicial behavior under dictatorship and democracy.

Author : Gretchen Helmke
Publisher : Cambridge University Press
ISBN 13 : 9780521820592
Total Pages : 242 pages
Book Rating : 4.96/5 ( download)

DOWNLOAD NOW!

Download or read book Courts under Constraints written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2004-12-27 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 study offers a theoretical framework for understanding how institutional instability affects judicial behavior under dictatorship and democracy. In stark contrast to conventional wisdom, the central findings of the book contradict some assumptions that only independent judges rule against the government of the day. Set in the context of Argentina, the study uses the tools of positive political theory to explore the conditions under which courts rule against the government. In addition to shedding light on the dynamics of court-executive relations in Argentina, the study provides general lessons about institutions, instability, and the rule of law. In the process, the study builds a set of connections among diverse bodies of scholarship, including US judicial politics, comparative institutional analysis, positive political theory, and Latin American politics.

Author : Michael A. Bailey
Publisher : Princeton University Press
ISBN 13 : 1400840260
Total Pages : 216 pages
Book Rating : 4.67/5 ( download)

DOWNLOAD NOW!

Download or read book The Constrained Court written by Michael A. Bailey and published by Princeton University Press. This book was released on 2011-08-22 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

Author : Michael A. Bailey
Publisher : Princeton University Press
ISBN 13 : 0691151059
Total Pages : 233 pages
Book Rating : 4.52/5 ( download)

DOWNLOAD NOW!

Download or read book The Constrained Court written by Michael A. Bailey and published by Princeton University Press. This book was released on 2011-09-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
ISBN 13 : 0226726681
Total Pages : 541 pages
Book Rating : 4.87/5 ( download)

DOWNLOAD NOW!

Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

Author : Shai Dothan
Publisher : Cambridge University Press
ISBN 13 : 1107031133
Total Pages : 351 pages
Book Rating : 4.35/5 ( download)

DOWNLOAD NOW!

Download or read book Reputation and Judicial Tactics written by Shai Dothan and published by Cambridge University Press. This book was released on 2015 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.

Author : E. W. Thomas
Publisher : Cambridge University Press
ISBN 13 : 9781139446983
Total Pages : 448 pages
Book Rating : 4.83/5 ( download)

DOWNLOAD NOW!

Download or read book The Judicial Process written by E. W. Thomas and published by Cambridge University Press. This book was released on 2005-09-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.

Author : Lawrence Lessig
Publisher : Oxford University Press
ISBN 13 : 0190932562
Total Pages : 448 pages
Book Rating : 4.65/5 ( download)

DOWNLOAD NOW!

Download or read book Fidelity & Constraint written by Lawrence Lessig and published by Oxford University Press. This book was released on 2019-04-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

Author : Welsh S. White
Publisher :
ISBN 13 :
Total Pages : 1310 pages
Book Rating : 4.49/5 ( download)

DOWNLOAD NOW!

Download or read book Criminal Procedure written by Welsh S. White and published by . This book was released on 2004 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Jeffrey A. Segal
Publisher : Cambridge University Press
ISBN 13 : 9780521789714
Total Pages : 484 pages
Book Rating : 4.10/5 ( download)

DOWNLOAD NOW!

Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two leading scholars of the Supreme Court explain and predict its decision making.