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There are three general models of Supreme Court decision making:
the legal model, the attitudinal model and the strategic model. But
each is somewhat incomplete. This book advances an integrated model
of Supreme Court decision making that incorporates variables from
each of the three models. In examining the modern Supreme Court,
since Brown v. Board of Education, the book argues that decisions
are a function of the sincere preferences of the justices, the
nature of precedent, and the development of the particular issue,
as well as separation of powers and the potential constraints posed
by the president and Congress. To test this model, the authors
examine all full, signed civil liberties and economic cases
decisions in the 1953-2000 period. Decision Making by the Modern
Supreme Court argues, and the results confirm, that judicial
decision making is more nuanced than the attitudinal or legal
models have argued in the past.
There are three general models of Supreme Court decision making:
the legal model, the attitudinal model and the strategic model. But
each is somewhat incomplete. This book advances an integrated model
of Supreme Court decision making that incorporates variables from
each of the three models. In examining the modern Supreme Court,
since Brown v. Board of Education, the book argues that decisions
are a function of the sincere preferences of the justices, the
nature of precedent, and the development of the particular issue,
as well as separation of powers and the potential constraints posed
by the president and Congress. To test this model, the authors
examine all full, signed civil liberties and economic cases
decisions in the 1953-2000 period. Decision Making by the Modern
Supreme Court argues, and the results confirm, that judicial
decision making is more nuanced than the attitudinal or legal
models have argued in the past.
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