Crafting Law on the Supreme Court
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Crafting Law on the Supreme Court by Forrest Maltzman
Book DescriptionMaterial is gleaned from internal memos circulated among justices on the Supreme Court to systematically account for the building of majority opinions. The authors argue that at the heart of this process are policy-seeking justices who are constrained by the choices made by the other justices. By strategically using threats, signals, and persuasion, justices attempt to influence the behavior of their colleagues on the bench. Evidence derived from the recently released papers of justices Brennan, Douglas, Marshall, and Powell is used to test the authors' theory of opinion writing. The portrait of the Supreme Court that emerges stands in sharp contrast to the conventional portrait where justices act solely on the basis of the law or their personal policy preferences. This book provides a fascinating glimpse of how the Court crafts the law.
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Book DetailsISBN: 9780521780100
(228mm x 152mm x 16mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 17-Jul-2000
Country of Publication: United Kingdom
Books By Author Forrest Maltzman
Constrained Court, Paperback (August 2011)
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? By showing how law and politics interact in the construction of American law, this book sheds light on the role that the Supreme Court plays in the constitutional order.
Advice and Dissent, Paperback (August 2009)
For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues.
Crafting Law on the Supreme Court, Paperback (July 2000)» View all books by Forrest Maltzman
Supreme Court decisions stem largely from the political nature of the opinion writing process.
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