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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


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


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


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 Elites

Neal Devins and Lawrence Baum

in The Company They Keep: How Partisan Divisions Came to the Supreme Court

Published in print:
2020
Published Online:
July 2021
ISBN:
9780197539156
eISBN:
9780197548448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197539156.003.0002
Subject:
Political Science, American Politics

This chapter develops the argument that is summarized in chapter 1. One lesson of social psychology is that Supreme Court justices are not single-mindedly devoted to making good law or good policy. ... 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


5 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


Elites, Ideology, and the Rise of the Modern Court

Neal Devins and Lawrence Baum

in The Company They Keep: How Partisan Divisions Came to the Supreme Court

Published in print:
2020
Published Online:
July 2021
ISBN:
9780197539156
eISBN:
9780197548448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197539156.003.0003
Subject:
Political Science, American Politics

This chapter tracks the period up to 1985, a time when ideology was less relevant to judicial appointments and there was not a well-established conservative legal network. Limited polarization meant ... More


The Documentary Constitution

in Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226944715
eISBN:
9780226944739
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226944739.003.0002
Subject:
Law, Company and Commercial Law

This chapter explains that conventional thinking about the Constitution is crippled by the irrepressible misconception that the Constitution is one and the same with the storied document. It examines ... More


Epilogue

Mary L. Dudziak

in Exporting American Dreams: Thurgood Marshall's African Journey

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691152448
eISBN:
9781400839896
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152448.003.0007
Subject:
History, American History: 20th Century

This chapter details events following Marshall's appointment to the Supreme Court. As a Supreme Court justice, Marshall worked on the problem of race in America. His life's focus became undoing the ... More


Affirmative Action and Higher Education

J. Scott Carter and Cameron D. Lippard

in The Death of Affirmative Action?: Racialized Framing and the Fight Against Racial Preference in College Admissions

Published in print:
2020
Published Online:
September 2020
ISBN:
9781529201116
eISBN:
9781529201161
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781529201116.003.0002
Subject:
Education, Educational Policy and Politics

This chapter discusses the ever-evolving role of race in politics in the history of the US. How the government handled racial and other discrimination has not always been effective. It was not until ... More


The Initial Supreme Court Justices and Their Views on Freedoms of Press and Speech

Wendell Bird

in Press and Speech Under Assault: The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign against Dissent

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190461621
eISBN:
9780190461980
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190461621.003.0004
Subject:
History, American History: early to 18th Century, Political History

Chapter 4 discusses the views of freedoms of press and speech of the first six justices of the US Supreme Court, before some reversed their positions during the battles over the Sedition Act of 1798, ... More


Appointments to the Supreme Court

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0023
Subject:
Law, Comparative Law, Legal History

This chapter discusses the appointments of twelve justices during Aharon Barak’s eleven-year tenure as chief justice. Eleven of these candidates were proposed by the court itself. Only one candidate, ... More


Summary of Book and Argument

Neal Devins and Lawrence Baum

in The Company They Keep: How Partisan Divisions Came to the Supreme Court

Published in print:
2020
Published Online:
July 2021
ISBN:
9780197539156
eISBN:
9780197548448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197539156.003.0001
Subject:
Political Science, American Politics

This chapter provides an overview of the book. After documenting the Supreme Court’s movement toward ideological divisions that closely follow party lines, it explains why traditional political ... More


The Next Stop: The Information Theory in the Domestic Context

in The Judicial Power of the Purse: How Courts Fund National Defense in Times of Crisis

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226771120
eISBN:
9780226771151
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226771151.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter performs an out-of-sample investigation of the information theory of jurisprudence. The preliminary study revealed the information theory, with minor adjustments, substantially aids in ... More


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