Judicial Review in State Supreme Courts : A Comparative Study

by Langer, Laura

• ISBN13: 9780791452516
• ISBN10: 0791452514
• Format: Hardcover
• Copyright: 2002-02-01
• Publisher: State Univ of New York Pr

Author Biography

Laura Langer is Assistant Professor of Political Science at the University of Arizona.

Table of Contents

List of Tables	ix
List of Figures	xi
Preface	xiii
Acknowledgments	xvii
The Judiciary in a System of Checks and Balances	1	(18)
Courts as Policymakers	4	(2)
State Supreme Court Judicial Review	6	(2)
Evolution of Judicial Review in State Supreme Courts	8	(3)
Adversarial Nature of Judicial Review	11	(1)
Past Approaches to Studying State Supreme Courts as Policymakers	12	(2)
Strategic versus Sincere Behavior	14	(1)
A Comparative Approach to Judicial Autonomy and State Judicial Review	15	(2)
Organization of Study	17	(2)
Explanations of Judicial Behavior	19	(14)
Two Stages of Judicial Policymaking	20	(2)
Conceptualizations of the Judiciary	22	(9)
Motivations of Judges	31	(2)
A Theory of State Supreme Court Judicial Review	33	(20)
What Motivates Retaliation?	33	(2)
Legislative Judicial Relations: A Tit for Tat Game	35	(4)
Defining a Judge's Safety Zone and Expected Retaliatory Threats	39	(8)
Expectations about Stage I: The Agenda Setting Stage	47	(3)
Expectations about Stage II: The Decision on the Merits Stage	50	(3)
Policy Saliency and Generalizing Behavior in Judicial Review Cases Across Different Policy Areas	53	(36)
Assessing Each Area of Law with Respect to Policy Saliency	55	(4)
Judicial Review of Campaign and Election Law	59	(1)
Judicial Review of Workers' Compensation Law	60	(2)
Judicial Review of Unemployment Compensation Law	62	(1)
Judicial Review of Welfare Benefit Law	63	(1)
Research Design, Data, and Methodology	64	(25)
Evidence of State Supreme Court Justices' Responsiveness across Four Areas of Law	89	(34)
Campaign and Election Law	89	(12)
Workers' Compensation Law	101	(7)
Unemployment Compensation Law	108	(7)
Welfare Benefit Law	115	(7)
General Comments Across all Four Areas of Law	122	(1)
Conclusion: Independence and Accountability in State Supreme Courts	123	(12)
Comparative Assessment of State Judicial Review	124	(5)
Implications of Judicial Review on Democratic Principles	129	(4)
Where Do We Go From Here?	133	(2)
Appendix: Measurement and Data Source	135	(4)
Notes	139	(6)
References	145	(14)
Index	159