Crafting Law on the Supreme Court The Collegial Game

ISBN-10: 0521783941
ISBN-13: 9780521783941
Edition: 2000
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Description: Material is gleaned from internal memos circulated among justices on the Supreme Court to systematically account for the building of majority opinions. The authors argue that at the heart of this process are policy-seeking justices who are  More...

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Book details

Copyright year: 2000
Publisher: Cambridge University Press
Publication date: 7/3/2000
Binding: Paperback
Pages: 224
Size: 5.75" wide x 8.75" long x 0.50" tall
Weight: 0.682
Language: English

Material is gleaned from internal memos circulated among justices on the Supreme Court to systematically account for the building of majority opinions. The authors argue that at the heart of this process are policy-seeking justices who are constrained by the choices made by the other justices. By strategically using threats, signals, and persuasion, justices attempt to influence the behavior of their colleagues on the bench. Evidence derived from the recently released papers of justices Brennan, Douglas, Marshall, and Powell is used to test the authors' theory of opinion writing. The portrait of the Supreme Court that emerges stands in sharp contrast to the conventional portrait where justices act solely on the basis of the law or their personal policy preferences. This book provides a fascinating glimpse of how the Court crafts the law.

Introduction
Selecting an author: assigning the majority opinion
A strategic response to draft opinions
The decision to accommodate
The politics of coalition formation
Conclusion

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