Judicial Review in State Supreme Courts: A Comparative Study
Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.
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Explanations of Judicial Behavior
A Theory of State Supreme Court Judicial Review
Policy Saliency and Generalizing Behavior
Evidence of State Supreme Court Justices Responsiveness
Workers Compensation Law
Unemployment Compensation Law
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agenda—setting stage areas of law beneﬁts branches of government campaign and election certiorari coefﬁcient conceptualization conﬂict constitutional challenges constitutionality decisions difﬁculty divided government DJRC challenging election laws examined example expected explanation of judicial fear of policy ﬁndings ﬁrst Florida Florida Supreme Court four areas ideological distance inﬂuence institutional rules intermediate appellate court intermediate scrutiny invalidate statutes involved issues Judge Ideology judicial behavior judicial review judiciary justice ideology justices vote Langer legislature and governor lower court Method of Retention Modal Category percent policy and electoral policy areas policy retaliation Prior Probability Probability of 50 Probit Probit Analysis reduction of error result scholars Segal selection process sincere preferences Spaeth Speciﬁcally Stage I Probit stages of judicial standard of review statistically signiﬁcant strategic behavior strict scrutiny Supreme Court Dockets supreme court justices Term Length unemployment compensation unit effects United States Supreme variables vote to invalidate vote to overturn welfare law workers