Brandishing the First Amendment

Brandishing the First Amendment

Author: Tamara Piety

Publisher: University of Michigan Press

Published: 2012-02-08

Total Pages: 341

ISBN-13: 0472117920

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Tamara R. Piety argues that increasingly expansive First Amendment protections for commercial speech imperil public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Using evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies, she shows how overly permissive extensions of protections to commercial expression limit governmental power to address a broad range of public policy issues.


The Chief Justice

The Chief Justice

Author: Artemus Ward

Publisher: University of Michigan Press

Published: 2016-08-18

Total Pages: 465

ISBN-13: 0472121952

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The Chief Justice brings together leading scholars of the courts who employ social science theory and research to explain the role of the Chief Justice of the U.S. Supreme Court. They consider the chief justice’s appointment, office, powers, and influence both within the Court and in the American system of government more generally. The chief justice presides over oral arguments and the justices’ private conferences. The chief justice speaks first in those conferences, presents cases and other matters to the other justices, and assigns the Court’s opinions in all cases in which the chief justice votes with the majority. In addition, the chief justice presides over the Judicial Conference of the United States, a policy-making body composed of lower-court federal judges. As Chief Justice Charles Evans Hughes wrote, the Chief Justice of the U.S. Supreme Court is “the most important judicial officer in the world.”


Inconsistency and Indecision in the United States Supreme Court

Inconsistency and Indecision in the United States Supreme Court

Author: Matthew P Hitt

Publisher: University of Michigan Press

Published: 2019-05-20

Total Pages: 235

ISBN-13: 0472131362

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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.


The Solicitor General and the United States Supreme Court

The Solicitor General and the United States Supreme Court

Author: Ryan C. Black

Publisher: Cambridge University Press

Published: 2012-04-30

Total Pages: 193

ISBN-13: 1107015294

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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.


The Oxford Handbook of U.S. Judicial Behavior

The Oxford Handbook of U.S. Judicial Behavior

Author: Lee Epstein

Publisher: Oxford University Press

Published: 2017

Total Pages: 625

ISBN-13: 019957989X

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The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.


Routledge Handbook of Judicial Behavior

Routledge Handbook of Judicial Behavior

Author: Robert M. Howard

Publisher: Routledge

Published: 2017-10-02

Total Pages: 518

ISBN-13: 1317430387

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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.


How Judges Judge

How Judges Judge

Author: Brian M. Barry

Publisher: Taylor & Francis

Published: 2020-11-26

Total Pages: 361

ISBN-13: 0429657498

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A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.