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Koshner explores the increase in interest group participation
before the U.S. Supreme Court. Since 1953, when less than 13
percent of the Court's full opinion cases were accompanied by
friend of the court briefs, there has been a steady increase in
interest group litigation. By the 1993 term, interest groups
participated in 92 percent of the cases brought before the Supreme
Court. While asking whether the rise in interest group activity in
this supposedly independent arena should concern us, Koshner
attempts to solve the fascinating political puzzle of this
tremendous growth. He begins with the growth of interest group
participation and asks, quite simply, why? In answering this
question, Koshner draws on a series of studies that focus primarily
on individual groups and their litigation decisions. He then uses
them to explore the macro-level trends that pervade the
relationship between the Supreme Court and interest groups. In
particular, Koshner studies the roles of four important groups: the
Court, Congress, the executive branch, and the interest groups
themselves. Within each, he finds a series of changes or shifts in
policy that begins to answer the puzzle, and examines his
conclusions within the context of First Amendment church-state
cases. Students, scholars, and other researchers dealing with
contemporary public law issues will find this work of particular
value.
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