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Research Handbook on Judicial Politics
This timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.
More Information
Critical Acclaim
Contents
More Information
This timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.
Expert authors critically analyse what the current literature tells us about important phenomena related to judicial politics, while simultaneously expanding the scope of that knowledge through original empirical research. Chapters cover the process of judicial decision-making in different types of courts, before discussing the electoral dimensions of judicial appointments, as well as vertical and horizontal constraints on judicial behaviour. They also address extrajudicial communications, public opinion and legitimacy, before concluding with an examination of methodological issues in judicial politics research.
Accessibly written, the Research Handbook on Judicial Politics is a vital resource for graduate and undergraduate students of law, political science and public policy. It is also beneficial to practitioners in law and law related fields who are interested in gaining insight into the processes and structure of the judiciary.
Expert authors critically analyse what the current literature tells us about important phenomena related to judicial politics, while simultaneously expanding the scope of that knowledge through original empirical research. Chapters cover the process of judicial decision-making in different types of courts, before discussing the electoral dimensions of judicial appointments, as well as vertical and horizontal constraints on judicial behaviour. They also address extrajudicial communications, public opinion and legitimacy, before concluding with an examination of methodological issues in judicial politics research.
Accessibly written, the Research Handbook on Judicial Politics is a vital resource for graduate and undergraduate students of law, political science and public policy. It is also beneficial to practitioners in law and law related fields who are interested in gaining insight into the processes and structure of the judiciary.
Critical Acclaim
‘Fix and Montgomery have accomplished what, so far, judicial scholars have not. They bring together a variety of scholars who analyze courts within and beyond the U.S. and who employ a variety of methodological approaches to help scholars and court watchers alike better understand judges, the judicial process, and judicial decision-making. Their efforts, and their team of writers, are highly impressive and should be commended for their addition to the field.’
– Timothy R. Johnson, University of Minnesota, US
– Timothy R. Johnson, University of Minnesota, US
Contents
Contents
1 Introduction to the Research Handbook on Judicial Politics 1
Michael P. Fix and Matthew D. Montgomery
PART I JUDICIAL DECISION MAKING
2 US Supreme Court decision making in Intellectual Property rights (1954–2022) 14
Isaac Unah and Sabrina Zi Tong Peng
3 Judicial decision making on lower federal courts 35
Hayley Munir, Michael Catalano and Wendy L. Martinek
4 Judicial decision making on US state courts 50
David A. Hughes
5 Studying judicial decision-making beyond western democracies:
lessons from Latin America 61
Mishella Romo Rivas and Raul Sanchez-Urribarri
6 Gender and racial influences on judicial decision making 85
Susan Haire, Alyson Hendricks-Benton, and Vanisha Kudumuri
PART II JUDICIAL APPOINTMENTS AND ELECTIONS
7 The nomination and confirmation of US Supreme Court Justices 101
Imtashal Tariq and Paul M. Collins, Jr.
8 Lower federal court confirmations 115
Amy Steigerwalt and Morgan Smith
9 Comparative judicial governance 129
Gabriela Aída Cantú Ramos and Julio Ríos Figueroa
10 Race and gender in judicial selection in the United States 143
Matthew E. Baker, Christina L. Boyd, Aidan N. González, and Karson A.
Pennington
PART III VERTICAL AND HORIZONTAL CONSTRAINTS ON
JUDICIAL BEHAVIOR
11 The President and the Court 158
Natalie C. Rogol
12 Congress and the courts 172
Albert H. Rivero and Ellen M. Key
13 Delegation and deference: federal judicial decision-making and
administrative agencies 185
Jennifer Hickey, Gbemende E. Johnson, and Jaylin Small
14 State high courts and horizontal constraints 201
Meghan E. Leonard
15 Hierarchical influences on judicial decision-making in the United States 212
Benjamin J. Kassow
16 A bottom-up approach to lower court influence on the Supreme Court
of the United Kingdom 223
Jennifer Bowie, Ali S. Masood, Elisha Carol Savchak, Susan W. Johnson,
Lauren Oligino, and Adam Webster
17 “Riding a bicycle is frivolous behavior”: sources of judicial deference
in Turkey 237
Onur Bakiner
PART IV AUDIENCE CONSIDERATIONS AND EXTRAJUDICIAL
COMMUNICATIONS
18 Judicial audiences 253
Ryan J. Owens and Marcy Shieh
19 Follow the court: examining judicial homestyle through extrajudicial
communications on state court Twitter 277
Cayleb B. Stives and Todd A. Curry
20 Preserving institutional legitimacy through openness: the Supreme
Court of Canada and Chief Justice Wagner 287
Tamara A. Small and Kate Puddister
21 Judicial communication, collegial education, cultural competency, and
the significance of state judicial diversity 302
Taneisha Nicole Means, Joseph P. Kelly, and Simon LaClair
22 Judicial communication beyond the US 321
Jay N. Krehbiel
PART V PUBLIC OPINION AND LEGITIMACY
23 Toward a theory of “the public” in research on the relationship between
public opinion and Supreme Court outcomes 338
Brandon L. Bartels
24 The effect of Supreme Court fecisions on public opinion 356
Nicholas D. Conway, Alison Higgins Merrill, and Joseph Daniel Ura
25 Understanding the US Supreme Court’s legitimacy 378
Michael J. Nelson, Taran Samarth, and Amanda Driscoll
26 Law and social movements 392
Erin Mayo-Adam
PART VI METHODOLOGICAL ISSUES IN JUDICIAL POLITICS RESEARCH
27 Measuring judicial ideology 407
Chad Westerland
28 Comparative methods for measuring judicial ideology and behavior 423
Udi Sommer and Roee Braverman
29 Law, text, and judicial politics 436
Morgan L.W. Hazelton
30 Which are the main characteristics determining sentence severity? An
empirical exploration of shoplifting offences using spike-and-slab models 450
Jose Pina-Sánchez, Mandeep K. Dhami, and John Paul Gosling
1 Introduction to the Research Handbook on Judicial Politics 1
Michael P. Fix and Matthew D. Montgomery
PART I JUDICIAL DECISION MAKING
2 US Supreme Court decision making in Intellectual Property rights (1954–2022) 14
Isaac Unah and Sabrina Zi Tong Peng
3 Judicial decision making on lower federal courts 35
Hayley Munir, Michael Catalano and Wendy L. Martinek
4 Judicial decision making on US state courts 50
David A. Hughes
5 Studying judicial decision-making beyond western democracies:
lessons from Latin America 61
Mishella Romo Rivas and Raul Sanchez-Urribarri
6 Gender and racial influences on judicial decision making 85
Susan Haire, Alyson Hendricks-Benton, and Vanisha Kudumuri
PART II JUDICIAL APPOINTMENTS AND ELECTIONS
7 The nomination and confirmation of US Supreme Court Justices 101
Imtashal Tariq and Paul M. Collins, Jr.
8 Lower federal court confirmations 115
Amy Steigerwalt and Morgan Smith
9 Comparative judicial governance 129
Gabriela Aída Cantú Ramos and Julio Ríos Figueroa
10 Race and gender in judicial selection in the United States 143
Matthew E. Baker, Christina L. Boyd, Aidan N. González, and Karson A.
Pennington
PART III VERTICAL AND HORIZONTAL CONSTRAINTS ON
JUDICIAL BEHAVIOR
11 The President and the Court 158
Natalie C. Rogol
12 Congress and the courts 172
Albert H. Rivero and Ellen M. Key
13 Delegation and deference: federal judicial decision-making and
administrative agencies 185
Jennifer Hickey, Gbemende E. Johnson, and Jaylin Small
14 State high courts and horizontal constraints 201
Meghan E. Leonard
15 Hierarchical influences on judicial decision-making in the United States 212
Benjamin J. Kassow
16 A bottom-up approach to lower court influence on the Supreme Court
of the United Kingdom 223
Jennifer Bowie, Ali S. Masood, Elisha Carol Savchak, Susan W. Johnson,
Lauren Oligino, and Adam Webster
17 “Riding a bicycle is frivolous behavior”: sources of judicial deference
in Turkey 237
Onur Bakiner
PART IV AUDIENCE CONSIDERATIONS AND EXTRAJUDICIAL
COMMUNICATIONS
18 Judicial audiences 253
Ryan J. Owens and Marcy Shieh
19 Follow the court: examining judicial homestyle through extrajudicial
communications on state court Twitter 277
Cayleb B. Stives and Todd A. Curry
20 Preserving institutional legitimacy through openness: the Supreme
Court of Canada and Chief Justice Wagner 287
Tamara A. Small and Kate Puddister
21 Judicial communication, collegial education, cultural competency, and
the significance of state judicial diversity 302
Taneisha Nicole Means, Joseph P. Kelly, and Simon LaClair
22 Judicial communication beyond the US 321
Jay N. Krehbiel
PART V PUBLIC OPINION AND LEGITIMACY
23 Toward a theory of “the public” in research on the relationship between
public opinion and Supreme Court outcomes 338
Brandon L. Bartels
24 The effect of Supreme Court fecisions on public opinion 356
Nicholas D. Conway, Alison Higgins Merrill, and Joseph Daniel Ura
25 Understanding the US Supreme Court’s legitimacy 378
Michael J. Nelson, Taran Samarth, and Amanda Driscoll
26 Law and social movements 392
Erin Mayo-Adam
PART VI METHODOLOGICAL ISSUES IN JUDICIAL POLITICS RESEARCH
27 Measuring judicial ideology 407
Chad Westerland
28 Comparative methods for measuring judicial ideology and behavior 423
Udi Sommer and Roee Braverman
29 Law, text, and judicial politics 436
Morgan L.W. Hazelton
30 Which are the main characteristics determining sentence severity? An
empirical exploration of shoplifting offences using spike-and-slab models 450
Jose Pina-Sánchez, Mandeep K. Dhami, and John Paul Gosling
