The Supreme Court and the Attitudinal Model Revisited

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Cambridge University Press, Sep 16, 2002 - Law - 459 pages
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Authored by two leading scholars of the Supreme Court and its policy making, this study systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants--the legal and rational choice. Using the U.S. Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions.
 

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Contents

Introduction Supreme Court Policy Making
1
WHAT COURTS DO
3
REASONS FOR JUDICIAL POLICY MAKING
12
THE FEDERAL AND STATE JUDICIAL SYSTEMS
27
CONCLUSIONS
42
Models of Decision Making The Legal Model
44
THE LEGAL MODEL
48
Models of Decision Making The Attitudinal and Rational Choice Models
86
SUMMARY AND CONCLUSIONS
276
The Decision on the Merits The Legal Model
279
THE CONFERENCE VOTE ON THE MERITS
284
THE REPORT OR FINAL VOTE ON THE MERITS
287
SUMMARY
310
The Decision on the Merits The Attitudinal and Rational Choice Models
312
THE SEPARATIONOFPOWERS MODEL
326
CONCLUSIONS
349

THE RATIONAL CHOICE MODEL
97
SUMMARY AND CONCLUSIONS
110
A Political History of the Supreme Court
115
THE MARSHALL COURT
117
THE CIVIL WAR ERA
123
RECONSTRUCTION
127
FIGHTING THE WELFARE STATE
129
THE CIVIL LIBERTIES AGENDA
141
THE SUPREME COURT AND THE DISTRIBUTION OF POWER 19362OOO
165
SUMMARY AND CONCLUSIONS
174
Staffing the Court
178
PRESIDENTIAL SELECTION
179
SENATE CONFIRMATION
186
PRESIDENTIAL INFLUENCE
217
SUMMARY AND CONCLUSIONS
222
Getting into Court
223
LEGAL REQUIREMENTS
224
CASE SELECTION
240
THE SUPREME COURTS CASELOAD
249
WHICH CASES FOR DECISION
252
FUTURE CHANGES
272
DERIVING THE SETS OF IRREVERSIBLE DECISIONS
351
Opinion Assignment and Opinion Coalitions
357
OPINION ASSIGNMENTS
358
OPINION ASSIGNMENTS AND OPINION COALITIONS
381
OPINION COALITIONS
383
THE POLITICS OF COALITION FORMATION
387
PATTERNS OF INTERAGREEMENT
394
SUMMARY AND CONCLUSIONS
403
The Supreme Court and Constitutional Democracy
406
SUPPORT FOR THE SOLICITOR GENERAL
411
DECLARATIONS OF UNCONSTITUTIONALITY
412
FEDERAL ADMINISTRATIVE AGENCIES
416
CONSIDERATIONS OF ECONOMIC FEDERALISM
420
CIVIL LIBERTIES
422
PUBLIC OPINION
424
CONCLUSION
428
Conclusion
430
Case Index
436
General Index
444
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