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| Author | : Timothy R. Johnson |
| Publisher | : SUNY Press |
| Total Pages | : 200 |
| Release | : 2004-07-15 |
| Genre | : Political Science |
| ISBN | : 9780791461037 |
How oral arguments influence the decisions of Supreme Court justices.
| Author | : Ryan C. Black |
| Publisher | : University of Michigan Press |
| Total Pages | : 154 |
| Release | : 2012-10-24 |
| Genre | : Law |
| ISBN | : 0472118463 |
Oral arguments are a key aspect of the Supreme Court's decision-making process
| Author | : Lawrence Wrightsman |
| Publisher | : Oxford University Press |
| Total Pages | : 204 |
| Release | : 2008-04-16 |
| Genre | : Law |
| ISBN | : 0195368622 |
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 | : Ryan Malphurs |
| Publisher | : Routledge |
| Total Pages | : 248 |
| Release | : 2013-01-04 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 1136182292 |
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 | : Jennifer Barnes Bowie |
| Publisher | : University of Virginia Press |
| Total Pages | : 273 |
| Release | : 2014-10-30 |
| Genre | : Political Science |
| ISBN | : 0813936004 |
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 | : Lawrence S. Wrightsman |
| Publisher | : |
| Total Pages | : 187 |
| Release | : 2008 |
| Genre | : Forensic orations |
| ISBN | : 9780199867554 |
When the Supreme Court decides a case, the litigants make an oral presentation. This is the only public part in the steps in the Court's decision, so it provides an important window into its decision-making processes. Using transcripts, the author examines how the oral arguments work, and their effect on the Court's decisions.
| Author | : Peter H. Irons |
| Publisher | : |
| Total Pages | : 375 |
| Release | : 1993 |
| Genre | : Law |
| ISBN | : 1565840526 |
This book contains transcripts of twenty-three live recordings of landmark cases argued before the United States Supreme Court between 1955 and 1993.
| Author | : Matthew M.C. Roberts |
| Publisher | : LFB Scholarly Publishing |
| Total Pages | : 184 |
| Release | : 2014-05-14 |
| Genre | : Amici curiae |
| ISBN | : 9781593325046 |
Members of the Supreme Court are supposed to base decisions on the law, but often their choices are better explained by political ideology and party loyalty. Roberts sheds light on this problem by looking at a part of the CourtOCOs life that has never been systematically studied. Most cases feature extra briefs written by third parties known as amici curiae. He examines the rare occasions on which the Court allows these extra groups to participate not just by filing briefs but by appearing before the Court during oral arguments. By tracing how these groups influence the justicesOCO behavior, Roberts presents a strong case that the Court is driven by more than politics."
| Author | : Ryan C. Black |
| Publisher | : Cambridge University Press |
| Total Pages | : 193 |
| Release | : 2012-04-30 |
| Genre | : Law |
| ISBN | : 1107015294 |
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 | : Eric J. Segall |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 281 |
| Release | : 2012-02-22 |
| Genre | : Political Science |
| ISBN | : |
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.
