Download Oral Arguments and Decision Making on the United States by Timothy R. Johnson PDF

By Timothy R. Johnson

How oral arguments impression the choices of very best courtroom justices.

Show description

Read or Download Oral Arguments and Decision Making on the United States Supreme Court (American Constitutionalism) PDF

Similar legal history books

Slavery on Trial: Law, Abolitionism, and Print Culture

America's felony recognition used to be excessive in the course of the period that observed the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave innovative Nat Turner, and the hangings of John Brown and his Harpers Ferry co-conspirators.

The Transformation of American Law, 1780-1860 (Studies in Legal History)

In a awesome e-book in line with prodigious study, Morton J. Horwitz bargains a sweeping evaluate of the emergence of a countrywide (and sleek) criminal approach from English and colonial antecedents. He treats the evolution of the typical legislations as highbrow heritage and in addition demonstrates how the moving perspectives of non-public legislation turned a dynamic point within the fiscal development of the U.S..

Civil society in China : the legal framework from ancient times to the new reform era

This can be the definitive booklet at the felony and monetary framework for civil society companies (CSOs) in China from earliest instances to the current day. Civil Society in China lines the ways that legislation and rules have formed civil society over the 5,000 years of China's background and appears at ways that social and financial historical past have affected the criminal alterations that experience happened over the millennia.

The criminalization of abortion in the West: its origins

A person who desires to know the way abortion has been handled traditionally within the western felony culture needs to first come to phrases with fairly diverse yet interrelated historic trajectories. On one hand, there's the traditional Judeo-Christian condemnation of prenatal murder as a unsuitable warranting retribution; at the different, there's the juristic definition of "crime" within the glossy feel of the notice, which exclusive the time period sharply from "sin" and "tort" and used to be tied to the increase of Western jurisprudence.

Extra resources for Oral Arguments and Decision Making on the United States Supreme Court (American Constitutionalism)

Sample text

WEDDINGTON: You mean if the State, in fact, did that? JUSTICE WHITE: Well, let’s assume it were constitutional for the State to prevent abortions after six months. MRS. WEDDINGTON: It would still be void on its face in this situation because it’s overly broad. It interferes at a time when a state has no JUSTICE WHITE: Well, this isn’t a free speech case. The statute might be perfectly valid in part, and invalid in part. You’re saying it’s invalid on its face—totally invalid—that it may not apply to—the statute may not prevent an abortion, no matter when the abortion takes place.

These include arguments that explicitly refer to external actors’ preferences, the implications of a case, and hypothetical questions asked by the Court during oral arguments. Each of these subsets provides information about the external ramifications of a case for the justices. First, obtaining information about other actors’ preferences allows the justices to assess how close to their own preferred outcome they can place policy without incurring sanctions from actors whose preferred outcomes may differ from the Court’s.

That is, I use the Spaeth data to determine the circumstances under which the Supreme Court turns to oral arguments when making substantive decisions. My task is to use these data to systematically explain the role oral arguments play in the Supreme Court’s decision-making process. Only by comparing the oral argument transcripts with the justice’s internal records and final opinions can I test whether information from these proceedings plays a strategic and informational role for the Supreme Court.

Download PDF sample

Rated 4.50 of 5 – based on 28 votes