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Separation of Powers and the Strategic Constraint

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0006
Subject:
Law, Legal History

Justices have considerable latitude to pursue either their personal preferences or their personal visions of the law. The danger is that the Court gets so far out of line from the rest of the ... More


Introduction

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0001
Subject:
Law, Legal History

This introductory chapter considers the constraints faced by Supreme Court justices. It begins by discussing the attitudinal model, which assumes that justices are “decision makers who always vote ... More


The Measure of Law: Estimating Preferences across Institutions and Time

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0002
Subject:
Law, Legal History

This chapter articulates the challenges that any empirically oriented scholar would have in devising a measure of judicial preferences. It shows that it is impossible to make robust across-time ... More


Conclusion

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0008
Subject:
Law, Legal History

This concluding chapter first summarizes the book's key themes. These are that justices are influenced by more than just the policy preferences emphasized by the attitudinal model; the law matters ... More


Signals from the Executive

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0007
Subject:
Law, Legal History

This chapter provides general answers to questions about executive influence on the Court, which will help us to understand decision-making on the Court—what matters and when. It considers whether ... More


Disentangling Law and Policy Preferences

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0003
Subject:
Law, Legal History

This chapter provides a theoretical framework for disentangling the political and legal perspectives on Court behavior. It shows that, indeed, the problem is knotty and how it is impossible to fully ... More


Law Matters

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0004
Subject:
Law, Legal History

Building on the theoretical model of Chapter 3, this chapter seeks to assess whether “law” affects judicial decisions independently of policy preferences. Numerous legal doctrines may shape judicial ... More


Causes and Consequences of Diverse Legal Values

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0005
Subject:
Law, Legal History

This chapter discusses how historical context and personal experiences influence the legal values of justices, but the connections are imperfect and unpredictable. It argues that legal values are not ... More


The Constrained Court: Law, Politics, and the Decisions Justices Make

Michael A. Bailey and Forrest Maltzman

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.001.0001
Subject:
Law, Legal History

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical ... More


The Supreme Court and Neoconservatism

Stephen M. Feldman

in Neoconservative Politics and the Supreme Court: Law, Power, and Democracy

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814764664
eISBN:
9780814785898
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814764664.003.0005
Subject:
Law, Constitutional and Administrative Law

In the 2008 election the American people largely banished neoconservatives from the executive and legislative branches of the national government. However, neocons continue to wield considerable ... More


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