Judicial Review in State Supreme Courts: A Comparative Study

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SUNY Press, Apr 25, 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

The Judiciary in a System of Checks and Balances
1
COURTS AS POLICYMAKERS
4
STATE SUPREME COURT JUDICIAL REVIEW
6
EVOLUTION OF JUDICIAL REVIEW IN STATE SUPREME COURTS
8
ITS IMPLICATIONS ON VOTING
11
PAST APPROACHES TO STUDYING STATE SUPREME COURTS AS POLICYMAKERS
12
STRATEGIC VERSUS SINCERE BEHAVIOR
14
A COMPARATIVE APPROACH TO JUDICIAL AUTONOMY AND STATE JUDICIAL REVIEW
15
JUDICIAL REVIEW OF CAMPAIGN AND ELECTION LAW
59
JUDICIAL REVIEW OF WORKERS COMPENSATION LAW
60
JUDICIAL REVIEW OF UNEMPLOYMENT COMPENSATION LAW
62
JUDICIAL REVIEW OF WELFARE BENEFIT LAW
63
RESEARCH DESIGN DATA AND METHODOLOGY
64
Evidence of Supreme Court Justices Responsiveness across Four Areas of Law
89
WORKERS COMPENSATION LAW
101
UNEMPLOYMENT COMPENSATION LAW
108

ORGANIZATION OF THE STUDY
17
Explanations of Judicial Behavior
19
TWO STAGES OF JUDICIAL POLICYMAKING
20
CONCEPTUALIZATIONS OF THE JUDICIARY
22
MOTIVATIONS OF JUDGES
31
A Theory of State Supreme Court Judicial Review
33
A TITFORTAT GAME
35
DEFINING A JUDGES SAFETY ZONE AND EXPECTED RETALIATORY THREATS
39
THE AGENDASETTING STAGE
47
THE DECISIONONTHE MERITS STAGE
50
Policy Saliency and Generalizing Behavior in Judicial Review Cases across Different Policy Areas
53
ASSESSING EACH AREA OF LAW WITH RESPECT TO POLICY SALIENCY
55
WELFARE BENEFITS LAW
115
GENERAL COMMENTS ACROSS ALL FOUR AREAS OF LAW
122
Conclusion Independence and Accountability in State Supreme Courts
123
COMPARATIVE ASSESSMENT OF STATE JUDICIAL REVIEW
124
IMPLICATIONS OF JUDICIAL REVIEW ON DEMOCRATIC PRINCIPLES
129
WHERE DO WE GO FROM HERE?
133
MEASUREMENT AND DATA SOURCES
135
Notes
139
References
145
Index
159
Copyright

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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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