Judicial Review in State Supreme Courts: A Comparative StudySUNY Press, 25. apr. 2002 - 170 strani Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals. |
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The Judiciary in a System of Checks and Balances | 1 |
COURTS AS POLICYMAKERS | 4 |
STATE SUPREME COURT JUDICIAL REVIEW | 6 |
EVOLUTION OF JUDICIAL REVIEW IN STATE SUPREME COURTS | 8 |
ITS IMPLICATIONS ON VOTING | 11 |
PAST APPROACHES TO STUDYING STATE SUPREME COURTS AS POLICYMAKERS | 12 |
STRATEGIC VERSUS SINCERE BEHAVIOR | 14 |
A COMPARATIVE APPROACH TO JUDICIAL AUTONOMY AND STATE JUDICIAL REVIEW | 15 |
JUDICIAL REVIEW OF CAMPAIGN AND ELECTION LAW | 59 |
JUDICIAL REVIEW OF WORKERS COMPENSATION LAW | 60 |
JUDICIAL REVIEW OF UNEMPLOYMENT COMPENSATION LAW | 62 |
JUDICIAL REVIEW OF WELFARE BENEFIT LAW | 63 |
RESEARCH DESIGN DATA AND METHODOLOGY | 64 |
Evidence of Supreme Court Justices Responsiveness across Four Areas of Law | 89 |
WORKERS COMPENSATION LAW | 101 |
UNEMPLOYMENT COMPENSATION LAW | 108 |
ORGANIZATION OF THE STUDY | 17 |
Explanations of Judicial Behavior | 19 |
TWO STAGES OF JUDICIAL POLICYMAKING | 20 |
CONCEPTUALIZATIONS OF THE JUDICIARY | 22 |
MOTIVATIONS OF JUDGES | 31 |
A Theory of State Supreme Court Judicial Review | 33 |
A TITFORTAT GAME | 35 |
DEFINING A JUDGES SAFETY ZONE AND EXPECTED RETALIATORY THREATS | 39 |
THE AGENDASETTING STAGE | 47 |
THE DECISIONONTHE MERITS STAGE | 50 |
Policy Saliency and Generalizing Behavior in Judicial Review Cases across Different Policy Areas | 53 |
ASSESSING EACH AREA OF LAW WITH RESPECT TO POLICY SALIENCY | 55 |
WELFARE BENEFITS LAW | 115 |
GENERAL COMMENTS ACROSS ALL FOUR AREAS OF LAW | 122 |
Conclusion Independence and Accountability in State Supreme Courts | 123 |
COMPARATIVE ASSESSMENT OF STATE JUDICIAL REVIEW | 124 |
IMPLICATIONS OF JUDICIAL REVIEW ON DEMOCRATIC PRINCIPLES | 129 |
WHERE DO WE GO FROM HERE? | 133 |
MEASUREMENT AND DATA SOURCES | 135 |
Notes | 139 |
145 | |
159 | |
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agenda-setting stage areas of law branches of government campaign and election certiorari conceptualization constitutional challenges constitutionality decision-on-the-merits stage decisions divided government DJRC challenging election laws examined example expected explanation of judicial fear of policy Florida Florida Supreme Court four areas ideological distance institutional rules intermediate appellate court intermediate scrutiny invalidate statutes involved issues Judge Ideology judicial behavior judicial review judiciary justice ideology justices vote Langer legislature and governor lower court Method of Retention Modal Category percent policy and electoral policy areas policy retaliation Prior Probability Probability of 50 Probit Probit Analysis reduction of error result scholars Segal selection process separation-of-powers significantly sincere preferences Spaeth Stage I Probit stages of judicial standard of review statistically significant strategic behavior strict scrutiny Supreme Court Dockets supreme court justices Term Length threats U.S. Supreme Court unemployment compensation unit effects United States Supreme vote to invalidate vote to overturn welfare law workers