Us Supreme Court Opinions And Their Audiences

Author : Ryan C. Black
Publisher : Cambridge University Press
ISBN 13 : 1107137144
Total Pages : 197 pages
Book Rating : 4.41/5 ( download)

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Download or read book US Supreme Court Opinions and their Audiences written by Ryan C. Black and published by Cambridge University Press. This book was released on 2016-04-06 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of how US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences.

Author : Ryan C. Black
Publisher :
ISBN 13 : 9781316682593
Total Pages : 198 pages
Book Rating : 4.95/5 ( download)

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Download or read book US Supreme Court Opinions and Their Audiences written by Ryan C. Black and published by . This book was released on 2016 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of how US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences.

Author : Ryan C. Black
Publisher :
ISBN 13 : 9781316682777
Total Pages : pages
Book Rating : 4.73/5 ( download)

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Download or read book US Supreme Court Opinions and Their Audiences written by Ryan C. Black and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is the first study specifically to investigate the extent to which US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences. The authors examine this dynamic by creating a unique measure of opinion clarity and then testing whether the Court writes clearer opinions when it faces ideologically hostile and ideologically scattered lower federal courts; when it decides cases involving poorly performing federal agencies; when it decides cases involving states with less professionalized legislatures and governors; and when it rules against public opinion. The data shows the Court writes clearer opinions in every one of these contexts, and demonstrates that actors are more likely to comply with clearer Court opinions"--

Author : Michael K. Romano
Publisher : Routledge
ISBN 13 : 0429867867
Total Pages : 194 pages
Book Rating : 4.66/5 ( download)

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Download or read book Creating the Law written by Michael K. Romano and published by Routledge. This book was released on 2019-08-30 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.

Author : William Domnarski
Publisher : University of Illinois Press
ISBN 13 : 9780252065569
Total Pages : 204 pages
Book Rating : 4.65/5 ( download)

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Download or read book In the Opinion of the Court written by William Domnarski and published by University of Illinois Press. This book was released on 1996 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.

Author : Lawrence Baum
Publisher : Princeton University Press
ISBN 13 : 140082754X
Total Pages : 246 pages
Book Rating : 4.41/5 ( download)

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Download or read book Judges and Their Audiences written by Lawrence Baum and published by Princeton University Press. This book was released on 2009-01-10 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.

Author : Kermit L. Hall
Publisher : Oxford University Press
ISBN 13 : 0198042612
Total Pages : 256 pages
Book Rating : 4.17/5 ( download)

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Download or read book The Pursuit of Justice written by Kermit L. Hall and published by Oxford University Press. This book was released on 2006-12-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a survey of the thirty Supreme Court cases that, in the opinion of U.S. Supreme Court justices and leading civics educators and legal historians, are the most important for American citizens to understand, The Pursuit of Justice is the perfect companion for those wishing to learn more about American civics and government. The cases range across three centuries of American history, including such landmarks as Marbury v. Madison (1803), which established the principle of judicial review; Scott v. Sandford (1857), which inflamed the slavery argument in the United States and led to the Civil War; Plessy v. Ferguson (1896), which memorialized the concept of separate but equal; and Brown v. Board of Education (1954), which overturned Plessy. Dealing with issues of particular concern to students, such as voting, school prayer, search and seizure, and affirmative action, and broad democratic concepts such as separation of powers, federalism, and separation of church and state, the book covers all the major cases specified in the national and state civics and American history standards. For each case, there is an introductory essay providing historical background and legal commentary as well as excerpts from the decision(s); related documents such as briefs or evidence, with headnotes and/or marginal commentary, some possibly in facsimile; and features or sidebars on principal players in the decisions, whether attorneys, plaintiffs, defendants, or justices. An introductory essay defines the criteria for selecting the cases and setting them in the context of American history and government, and a concluding essay suggests the role that the Court will play in the future.

Author : Michael P. Fix
Publisher : Cambridge University Press
ISBN 13 : 1108864872
Total Pages : 209 pages
Book Rating : 4.79/5 ( download)

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Download or read book US Supreme Court Doctrine in the State High Courts written by Michael P. Fix and published by Cambridge University Press. This book was released on 2020-08-20 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Ryan C. Black
Publisher : Cambridge University Press
ISBN 13 : 1316682056
Total Pages : 197 pages
Book Rating : 4.50/5 ( download)

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Download or read book US Supreme Court Opinions and their Audiences written by Ryan C. Black and published by Cambridge University Press. This book was released on 2016-04-07 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study specifically to investigate the extent to which US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences. The authors examine this dynamic by creating a unique measure of opinion clarity and then testing whether the Court writes clearer opinions when it faces ideologically hostile and ideologically scattered lower federal courts; when it decides cases involving poorly performing federal agencies; when it decides cases involving states with less professionalized legislatures and governors; and when it rules against public opinion. The data shows the Court writes clearer opinions in every one of these contexts, and demonstrates that actors are more likely to comply with clearer Court opinions.

Author : Richard H. Fallon
Publisher : Harvard University Press
ISBN 13 : 0674975812
Total Pages : 237 pages
Book Rating : 4.11/5 ( download)

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Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow