Of Time and Judicial Behavior: United States Supreme Court Agenda-setting and Decision-making, 1888-1997Susquehanna University Press, 2003 - 276 pages This study examines the agenda setting and decision making behavior of the U.S. Supreme Court from 1888 to 1997. The study finds that economics decisions dominated the Court's docket up until the 1950s, when civil liberties cases became more prominent, and judicial power decisions remained relatively constant. |
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Results 1-5 of 69
Page 18
... increase , the number of cases on the Court's docket will increase , Freund argues . Casper and Posner , on the other hand , assert that first , the primary behavior underlying legal disputes will affect the frequency of those 18 OF ...
... increase , the number of cases on the Court's docket will increase , Freund argues . Casper and Posner , on the other hand , assert that first , the primary behavior underlying legal disputes will affect the frequency of those 18 OF ...
Page 19
... increase , for example , so will the number of cases filed in the Court dealing with them . Second , the relative costs of litigation affect the incidence of cases . Not surprisingly , the higher the costs , the fewer cases filed ...
... increase , for example , so will the number of cases filed in the Court dealing with them . Second , the relative costs of litigation affect the incidence of cases . Not surprisingly , the higher the costs , the fewer cases filed ...
Page 20
... increase in the number of federal criminal cases , itself increasing by 345 percent.24 These cases alone account for 54 percent of the docket's growth over the period studied . Also , a very important factor in the growth of the ...
... increase in the number of federal criminal cases , itself increasing by 345 percent.24 These cases alone account for 54 percent of the docket's growth over the period studied . Also , a very important factor in the growth of the ...
Page 21
... increased lib- erty in such times . Pacelle argues these factors can help promote an issue on the Court's agenda as well.37 Pacelle conceptualizes the Court's agenda as being composed of two parts : the exigent and the volitional ...
... increased lib- erty in such times . Pacelle argues these factors can help promote an issue on the Court's agenda as well.37 Pacelle conceptualizes the Court's agenda as being composed of two parts : the exigent and the volitional ...
Page 23
... increasing proportion of its agenda to ques- tions of substantive individual liberties and rights rather than simply no- tions of due process , and , thus , a decreasing proportion of economics cases was observed . 58 In the civil ...
... increasing proportion of its agenda to ques- tions of substantive individual liberties and rights rather than simply no- tions of due process , and , thus , a decreasing proportion of economics cases was observed . 58 In the civil ...
Contents
9 | |
11 | |
13 | |
17 | |
18 | |
Chapter Summary | 29 |
Historical Setting of the United States Supreme Court 18881946 | 31 |
The Fuller Court 18881910 | 32 |
Chapter Summary | 127 |
Who Wins and Who Loses across Time Liberalism of United States Supreme Court DecisionMaking 18881997 | 129 |
Chapter Summary | 174 |
The LongRun Relationship between the Supreme Courts DecisionMaking Environment and Its Liberalism | 176 |
Theoretical Foundation for Supreme Court DecisionMaking | 177 |
Models of Supreme Court Liberalism across Time | 179 |
Fractional Integration Nonstationarity and cointegration | 195 |
The LongRun Relationship between the Justices Policy Preferences and Political Values | 203 |
The White Court 191021 | 41 |
The Taft Court 192130 | 46 |
The Hughes Court 193041 | 49 |
The Stone Court 194146 | 55 |
Chapter Summary | 58 |
Contours of Judicial Attention Composition and Dynamics of the Workload and the Agenda of the United States Supreme Court 18881997 | 60 |
Size and Composition of the Courts Caseload | 62 |
Major Issue Areas | 85 |
Chapter Summary | 92 |
Going Their Own Way Unanimity of United States Supreme Court DecisionMaking 18881997 | 96 |
Unanimity Examined | 98 |
Chapter Summary | 206 |
The Continuity of Change The Supreme Court across Time | 208 |
Importance of the Books Findings | 218 |
Suggestions for Further Research | 219 |
Coding Sheet for Agenda and Decisional Data for the United States Supreme Court 18881937 | 222 |
Coding Protocol for Agenda and Decisional Data for the United States Supreme Court 18881937 | 224 |
Notes | 228 |
References | 252 |
Index | 260 |
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Common terms and phrases
Amendment American Supreme Court analysis attorney Biskupic and Witt Charles Evans Hughes chief justice courts civil liberties civil liberties-civil rights civil rights Clive W. J. Granger cointegrating CONCURRING OPINIONS CONCURRING VOTES conservative Court's decision-making Court's decisions Court's docket Court's economic Court's liberalism DIMENSION DECISIONS DISSENTING OPINIONS dissenting votes Dixon due process economic liberalism economics decisions Epstein federal taxation Figure Fractional Integration Fuller Court Harlan Fiske Stone Haynie and Tate Hence historic high Hughes Court Ibid increase Institutional Liberalism issue areas issue dimension judicial experience Justices and Presidents Liberal Decisions McCloskey nominated nonunanimous Pacelle Pacelle's Percentage of Liberal period policy preferences present study prior Pritchett Roosevelt Court Schubert Schwartz SEPARATION OF POWERS Stone Court Supreme Court decision-making Supreme Court's Agenda Taft Court Tate and Handberg tenure term trend U.S. Supreme Court unanimity Unit Root United States Supreme variable voting behavior Walker White Court Willis Van Devanter
Popular passages
Page 192 - When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no court could regard them as protected by any constitutional right.
Page 106 - A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed.
Page 53 - But the liberty safeguarded is liberty in a social organization which requires the protection of law against the evils which menace the health, safety, morals and welfare of the people.
Page 41 - In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott case.
Page 111 - For the fact of disagreement demonstrates that the members of the Court are operating on different assumptions, that their inarticulate major premises are dissimilar, that their value systems are differently constructed and weighted, that their political, economic, and social views contrast in important respects.
Page 14 - Neither the collectors of the original data nor the Consortium bears any responsibility for the analyses or interpretations presented here. In order to provide funding agencies with essential information about the use of archival resources and to facilitate the exchange of information about ICPSR participants...
Page 53 - The Court is almost never a really contemporary institution. The operation of life tenure in the judicial department, as against elections at short intervals of the Congress, usually keeps the average viewpoint of the two institutions a generation apart. The judiciary is thus the check of a preceding generation on the present one; a check of conservative legal philosophy upon a dynamic people, and nearly always the check of a rejected regime on the one in being.
Page 46 - Communist movement itself, present a clear and present danger to the security of the United States and to the existence of free American institutions, and make it necessary that Congress, in order to provide for the common defense, to preserve the sovereignty of the United States...
Page 33 - Our Constitution is color blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful.