Judicial Review in State Supreme Courts: A Comparative Study

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SUNY Press, Feb 19, 2002 - Law - 170 pages
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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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Contents

Explanations of Judicial Behavior
19
A Theory of State Supreme Court Judicial Review
33
Policy Saliency and Generalizing Behavior
53
Evidence of State Supreme Court Justices Responsiveness
89
Workers Compensation Law
101
Unemployment Compensation Law
108
Welfare Benefit Law
119
Implications of Judicial Review on Democratic Principles
129
Measurement and Data Source
135
References
145
Index
159
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About the author (2002)

Laura Langer is Assistant Professor of Political Science at the University of Arizona.

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