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The U.S. Supreme Court typically rules on cases that present
complex legal questions. Given the challenging nature of its cases
and the popular view that the Court is divided along ideological
lines, it's commonly assumed that the Court routinely hands down
equally-divided decisions. Yet the justices actually issue
unanimous decisions in approximately one third of the cases they
decide.
Drawing on data from the U.S. Supreme Court database, internal
court documents, and the justices' private papers, "The Puzzle of
Unanimity" provides the first comprehensive account of how the
Court reaches consensus. Pamela Corley, Amy Steigerwalt, and
Artemus Ward propose and empirically test a theory of consensus;
they find consensus is a function of multiple,
concurrently-operating forces that cannot be fully accounted for by
ideological attitudes. In this thorough investigation, the authors
conclude that consensus is a function of the level of legal
certainty and its ability to constrain justices' ideological
preferences.
This text is a general introduction to American judicial process.
The authors cover the major institutions, actors, and processes
that comprise the U.S. legal system, viewed from a political
science perspective. Grounding their presentation in empirical
social science terms, the authors identify popular myths about the
structure and processes of American law and courts and then
contrast those myths with what really takes place. Three unique
elements of this "myth versus reality" framework are incorporated
into each of the topical chapters: 1) "Myth versus Reality" boxes
that lay out the topics each chapter covers, using the myths about
each topic contrasted with the corresponding realities. 2) "Pop
Culture" boxes that provide students with popular examples from
film, television, and music that tie-in to chapter topics and
engage student interest. 3) "How Do We Know?" boxes that discuss
the methods of social scientific inquiry and debunk common myths
about the judiciary and legal system. Unlike other textbooks,
American Judicial Process emphasizes how pop culture portrays-and
often distorts-the judicial process and how social science research
is brought to bear to provide an accurate picture of law and
courts. In addition, a rich companion website will include
PowerPoint lectures, suggested topics for papers and projects, a
test bank of objective questions for use by instructors, and
downloadable artwork from the book. Students will have access to
annotated web links and videos, flash cards of key terms, and a
glossary.
This text is a general introduction to American judicial process.
The authors cover the major institutions, actors, and processes
that comprise the U.S. legal system, viewed from a political
science perspective. Grounding their presentation in empirical
social science terms, the authors identify popular myths about the
structure and processes of American law and courts and then
contrast those myths with what really takes place. Three unique
elements of this "myth versus reality" framework are incorporated
into each of the topical chapters: 1) "Myth versus Reality" boxes
that lay out the topics each chapter covers, using the myths about
each topic contrasted with the corresponding realities. 2) "Pop
Culture" boxes that provide students with popular examples from
film, television, and music that tie-in to chapter topics and
engage student interest. 3) "How Do We Know?" boxes that discuss
the methods of social scientific inquiry and debunk common myths
about the judiciary and legal system. Unlike other textbooks,
American Judicial Process emphasizes how pop culture portrays-and
often distorts-the judicial process and how social science research
is brought to bear to provide an accurate picture of law and
courts. In addition, a rich companion website will include
PowerPoint lectures, suggested topics for papers and projects, a
test bank of objective questions for use by instructors, and
downloadable artwork from the book. Students will have access to
annotated web links and videos, flash cards of key terms, and a
glossary.
The ability of US Supreme Court justices to dissent from the
majority, to formally register and explain their belief that a case
has been wrongly decided, represents a time-honored tradition of
perhaps the most august American institution. Yet the impact of
these dissents, which allow justices to engage in a dialogue over
law and policy, has seldom, if ever, been the focus of dedicated
study. Analyzing the influence of past dissents on later Supreme
Court majority opinions, this book presents the first comprehensive
study of the effects of dissenting opinions and illuminates which
types of dissents successfully influence legal and policy debates,
which ones fail to make a difference, and why. Drawing on the
private papers of the justices and original data, this book
demonstrates that court majorities engage with dissents posing a
particular threat to their opinions, and that they can be persuaded
by thoughtful and careful dissenting arguments.
The ability of US Supreme Court justices to dissent from the
majority, to formally register and explain their belief that a case
has been wrongly decided, represents a time-honored tradition of
perhaps the most august American institution. Yet the impact of
these dissents, which allow justices to engage in a dialogue over
law and policy, has seldom, if ever, been the focus of dedicated
study. Analyzing the influence of past dissents on later Supreme
Court majority opinions, this book presents the first comprehensive
study of the effects of dissenting opinions and illuminates which
types of dissents successfully influence legal and policy debates,
which ones fail to make a difference, and why. Drawing on the
private papers of the justices and original data, this book
demonstrates that court majorities engage with dissents posing a
particular threat to their opinions, and that they can be persuaded
by thoughtful and careful dissenting arguments.
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