Friends of the Supreme Court Interest Groups and Judicial Decision Making

ISBN-10: 019537214X
ISBN-13: 9780195372144
Edition: 2008
Authors: Paul M. Collins
List price: $90.00
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Description: The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the  More...

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Book details

List price: $90.00
Copyright year: 2008
Publisher: Oxford University Press, Incorporated
Publication date: 8/15/2008
Binding: Hardcover
Pages: 248
Size: 6.25" wide x 9.25" long x 0.75" tall
Weight: 0.990
Language: English

The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.

Acknowledgments
Introduction
An Area of Confusion
Moving Forward
Plan of the Book
Interest Group Litigation
Interest Groups Defined
The Decision to Litigate
Methods of Interest Group Litigation
The Goal(s) of Amicus Participation
Summary and Conclusions
Amicus Curiae Participation in the Supreme Court
The History of Amici Curiae: From Friendship to Advocacy
Rules and Norms
Levels of Amicus Participation
Amicus Participation by Issue Area
Ideological Positions Advocated by the Amici
Who Participates?
Types of Information Supplied by Amicus Briefs
Summary and Conclusions
Amici Curiae and Judicial Decision Making
Chapter Overview
Models of Judicial Decision Making
The Legal Model
The Attitudinal Model
The Legal and Attitudinal Models: A Shared Characteristic
Amici Curiae and Judicial Decision Making: Two Approaches
Legal Persuasion and Amici Curiae
The Attitudinal Model and Amici Curiae
Overview and Clarification
Modeling the Influence of Amici Curiae
Other Influences on the Ideological Direction of the Vote
Empirical Results
Summary and Conclusions
Amici Curiae and the Consistency of Judicial Decision Making
The Importance of Understanding Variability in Decision Making
Amici Curiae and the Consistency of Judicial Choice
Modeling the Influence of Amici Curiae
Other Influences on the Consistency of Judicial Decision Making
Empirical Results
Summary and Conclusions
Amici Curiae and Dissensus on the Supreme Court
The Importance of Understanding Separate Opinions
Amicus Curiae Briefs: A Misapplied Surrogate for Salience
The Influence of Amicus Briefs on Concurrences and Dissents
Modeling the Influence of Amici Curiae
Other Influences on Dissensus
Empirical Results
Summary and Conclusions
Conclusions and Implications
Amicus Participation: The Empirical Findings and Their Normative Implications
Amicus Influence: The Empirical Findings and Their Normative Implications
Future Research
Data and Data Reliability
The Kearney and Merrill Database
The Original Data Collection
Identifying the Liberal and Conservative Nature of the Amicus Curiae Briefs
A Final Word on Methodology
References
Table of Cases
Index

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