The Supreme Court and the Attitudinal Model RevisitedCambridge University Press, 2002年9月16日 - 459 頁 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. |
內容
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 |
| 436 | |
| 444 | |
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action American Political Science attitudinal model Blackmun Bork Brennan Burger Court cert certiorari Chapter chief justice civil rights Clarence Thomas clause conference vote Congress congressional conservative Constitution Court ruled decided declared dissent diversity jurisdiction due process example federal courts Fortas Fourteenth Amendment Framers Ginsburg grant ideal point ideological influence intent issue Journal of Political judges judicial judicial restraint Judiciary jurisdiction Kennedy legal model legislative liberal Linda Greenhouse litigants lower court majority opinion Marshall merits Nixon nominees O'Connor Opinion Assignment opinion coalition overruled overturned party percent plain meaning Political Science Powell precedent precedential behavior predicted President presidential rational choice theory regime Rehnquist Court Robert Bork Scalia Segal Senate separation-of-powers model set of irreversible Spaeth special opinions stare decisis statute Stevens strategic supra Supreme Court Decision Table term Thomas tion U.S. Supreme Court unconstitutional United upheld variable Vinson Court Warren Court York