The Choices Justices Make

by
Format: Paperback
Pub. Date: 1997-11-01
Publisher(s): Cq Pr
List Price: $123.73

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Summary

The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions.Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.

Table of Contents

Tables and Figures
ix(2)
Preface xi
CHAPTER ONE. A Strategic Account of Judicial Decisions
1(21)
Overview of the Strategic Account
9(1)
Major Components of the Strategic Account
10(8)
Conclusion
18(4)
CHAPTER TWO. Justices as Policy Seekers
22(34)
Reasonableness of Policy Assumption
23(13)
Exclusive Focus on Policy Goals
36(14)
Attainment of Goals
50(6)
CHAPTER THREE. Strategic Interaction
56(56)
Bargaining
58(21)
Forward Thinking
79(9)
Manipulating the Agenda
88(7)
Strategic Opinion Writing
95(17)
CHAPTER FOUR. The Institutional Context I
112(26)
Institutions and the Formation of Expectations
115(3)
The Internal Institutions of the Court
118(20)
CHAPTER FIVE. The Institutional Context II
138(44)
Separation of Powers
139(18)
The Court and the American People
157(25)
CHAPTER SIX. Implications of the Strategic Account
182(5)
Implications for the Emergence of Law
182(2)
Implications for the Future Study of Courts and Law
184(3)
APPENDIX 187(2)
INDEX 189

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