The Oxford Handbook of U.S. Judicial Behavior

by Epstein, Lee; Lindquist, Stefanie A.

• ISBN13: 9780199579891
• ISBN10: 019957989X
• Format: Hardcover
• Copyright: 2017-08-08
• Publisher: Oxford University Press

Summary

The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book.

Consultant Editor for The Oxford Handbooks of American Politics: George C. Edwards III.

Author Biography

Lee Epstein, Ethan A.H. Shepley Distinguished University Professor, Washington University in St. Louis,Stefanie A. Lindquist, Deputy Provost and Vice President of Academic Affairs, and Foundation Professor of Law and Political Science, Arizona State University

Lee Epstein is the Ethan A.H. Shepley Distinguished University Professor at Washington University in St. Louis. She is also a Fellow of the American Academy of Arts and Sciences and of the American Academy of Political and Social Science. Professor Epstein's research and teaching centres on law and legal institutions, especially the behaviour of judges. She has received 12 grants from the National Science Foundation and is the author or co-author of over 100 articles and essays and 17 books, most recently, The Behavior of Federal Judges (with William M. Landes and Richard A. Posner) and An Introduction to Empirical Legal Research (with Andrew D. Martin). The New York Times and other news media frequently cite her work on the U.S. Supreme Court.

Stefanie A. Lindquist serves as Deputy Provost and Vice President of Academic Affairs, and Foundation Professor of Law and Political Science, at Arizona State University. Her research and teaching falls at the intersection of law and politics. Her previous publications include Measuring Judicial Activism (with Frank Cross, 2009).

Table of Contents

Part I: Staffing the Court
1. Appointing Federal Judges, Nancy Scherer
2. Appointing Supreme Court Justices, Christine L. Nemacheck
3. Judicial Elections: Judges and Their 'New-Style' Constituencies, James L. Gibson and Michael J. Nelson
4. Federal Judicial Tenure, Albert Yoon
5. Law Clerks, Artemus Ward
Part II: The Litigation Process and Appellate Review
6. Gatekeeping and Filtering in Trial Courts, Christina L. Boyd
7. Access to Intermediate Appellate Courts, Donald R. Songer and Susan B. Haire
8. Agenda-Setting on the United States Supreme Court, Ryan J. Owens and James Sieja
9. Courtroom Proceedings in U.S. Federal Courts, Timothy R. Johnson
Part III: Judicial Decision-Making and Opinion Content
10. Opinion Writing, Pamela C. Corley
11. Vertical Stare Decisis, Thomas G. Hansford
12. Law in Judicial Decision Making, David Klein
13. The Strategic Analysis of Judicial Behavior and the Separation of Powers, Chad L. Westerland
14. Judicial Review, Tom Clark
15. The Role of Personal Attributes and Social Backgrounds on Judging, Tracey E. George and Taylor Grace Weaver
16. Ideology and Partisanship, Justine D'Elia-Kueper and Jeffrey A. Segal
17. The Economic Analysis of Judicial Behavior, Lee Epstein and Jack Knight
Part IV: Judges and their Publics
18. Judges and Their Audiences, Lawrence Baum
19. Interest Groups and the Judiciary, Jared Perkins and Paul M. Collins, Jr.
20. The Relationship between Courts and Legislatures, Thomas M. Keck
21. Courts and Executives, Jeffrey L. Yates and Scott Boddery
22. Covering the Courts, Rorie Solberg
23. The Supreme Court and Public Opinion, Joseph Daniel Ura and Alison Higgins
24. Judicial Impact, Matthew E.K. Hall
Part V: Methods and Approaches to Studying the Courts
25. Cognition in the Courts: Analyzing the Use of Experiments to Study Legal Decision-Making, Eileen Braman
26. New Measurement Technologies: A Review and Application to Nuremberg and Justice Jackson, Daniel E. Ho and Michael Morse
27. The Use of Observational Data to Study Law and the Judiciary, Sara C. Benesh