Oral Arguments And Decision Making On The United States Supreme Court

Author : Timothy R. Johnson
Publisher : SUNY Press
ISBN 13 : 9780791461037
Total Pages : 200 pages
Book Rating : 4.33/5 ( download)

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Download or read book Oral Arguments and Decision Making on the United States Supreme Court written by Timothy R. Johnson and published by SUNY Press. This book was released on 2004-07-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: How oral arguments influence the decisions of Supreme Court justices.

Author : Ryan C. Black
Publisher : University of Michigan Press
ISBN 13 : 0472118463
Total Pages : 154 pages
Book Rating : 4.65/5 ( download)

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Download or read book Oral Arguments and Coalition Formation on the U.S. Supreme Court written by Ryan C. Black and published by University of Michigan Press. This book was released on 2012-10-24 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oral arguments are a key aspect of the Supreme Court's decision-making process

Author : Ryan Malphurs
Publisher : Routledge
ISBN 13 : 1136182292
Total Pages : 248 pages
Book Rating : 4.97/5 ( download)

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Download or read book Rhetoric and Discourse in Supreme Court Oral Arguments written by Ryan Malphurs and published by Routledge. This book was released on 2013-01-04 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court’s voting pattern, this book offers a contrarian position focused on close scrutiny of the justices’ communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices’ interactions among themselves and the advocates. In addition to offering advancements in scholars’ understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research—the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court’s oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.

Author : Lawrence Wrightsman
Publisher : Oxford University Press
ISBN 13 : 0190451335
Total Pages : 208 pages
Book Rating : 4.32/5 ( download)

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Download or read book Oral Arguments Before the Supreme Court written by Lawrence Wrightsman and published by Oxford University Press. This book was released on 2008-04-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the steps in the Supreme Court's decision-making process, only one is visible to the public: the oral arguments. By carefully analyzing transcripts of all the oral arguments available to the public, Professor Wrightsman provides empirical answers to a number of questions about the operation of oral arguments. This book provides a model for understanding the dynamics of judicial decision making from an empirical perspective.

Author : Jennifer Barnes Bowie
Publisher : University of Virginia Press
ISBN 13 : 0813936004
Total Pages : 273 pages
Book Rating : 4.00/5 ( download)

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Download or read book The View from the Bench and Chambers written by Jennifer Barnes Bowie and published by University of Virginia Press. This book was released on 2014-10-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.

Author : Frank B. Cross
Publisher : Stanford University Press
ISBN 13 : 9780804757133
Total Pages : 268 pages
Book Rating : 4.35/5 ( download)

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Download or read book Decision Making in the U.S. Courts of Appeals written by Frank B. Cross and published by Stanford University Press. This book was released on 2007 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.

Author : Eric J. Segall
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 281 pages
Book Rating : 4.06/5 ( download)

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Download or read book Supreme Myths written by Eric J. Segall and published by Bloomsbury Publishing USA. This book was released on 2012-02-22 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.

Author : Ryan C. Black
Publisher : Cambridge University Press
ISBN 13 : 1107015294
Total Pages : 193 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Solicitor General and the United States Supreme Court written by Ryan C. Black and published by Cambridge University Press. This book was released on 2012-04-30 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process.

Author : Stephen Breyer
Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Author : Cornell W. Clayton
Publisher : University of Chicago Press
ISBN 13 : 0226109550
Total Pages : 359 pages
Book Rating : 4.58/5 ( download)

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Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.