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Books > Law > Jurisprudence & general issues > Legal profession > General
This title offers an engaging and comprehensive overview of how
American courts use research and testimony from the social sciences
in reaching their decisions. It is organized around Daubert v.
Merrill Dow Pharmaceuticals, Inc., the United States Supreme
Court's landmark decision on scientific evidence, and the series of
recent cases beginning with Roper v. Simmons in which the Court
explicitly relied on social science evidence to transform the
process of criminal sentencing. The tenth edition offers a
completely revised and up-to-date treatment of the increasingly
critical role social science research plays in both federal and
state judicial opinions.
Each year the public, media, and government wait in anticipation
for the Supreme Court to announce major decisions. These opinions
have shaped legal policy in areas as important as healthcare,
marriage, abortion, and immigration. It is not surprising that
parties and outside individuals and interest groups invest an
estimated $25 million to $50 million a year to produce roughly one
thousand amicus briefs to communicate information to the justices,
seeking to impact these rulings. Despite the importance of the
Court and the information it receives, many questions remain
unanswered regarding the production of such information and its
relationship to the Court's decisions. Persuading the Supreme Court
leverages the very written arguments submitted to the Court to shed
light on both their construction and impact.Drawing on more than
25,000 party and amicus briefs led between 1984 and 2015 and the
text of the related court opinions, as well as interviews with
former Supreme Court clerks and attorneys who have prepared and led
briefs before the Supreme Court, Morgan Hazelton and Rachael Hinkle
have shed light on one of the more mysterious and consequential
features of Supreme Court decision-making. Persuading the Supreme
Court offers new evidence that the resource advantage enjoyed by
some parties likely stems from both the ability of their
experienced attorneys to craft excellent briefs and their
reputations with the justices. The analyses also reveal that
information operates differently in terms of influencing who wins
and what policy is announced. Using those original interviews and
quantitative analyses of a rich original dataset of tens of
thousands of briefs, with measures built using sophisticated
natural language processing tools, Hazelton and Hinkle investigate
the factors that influence what information litigants and their
attorneys provide to the Supreme Court and what the justices and
their clerks do with that information in deciding cases that set
legal policy for the entire country.
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