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The Choices Justices Make [Paperback]

Jack Knight (Author), Lee Epstein (Author)
5.0 out of 5 stars  See all reviews (2 customer reviews)

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Book Description

1568022263 978-1568022260 December 1, 1997 1
The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions.

Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court's public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices' papers animate the work.


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Editorial Reviews

About the Author

Lee Epstein is the Beatrice Kuhn Professor of Law and Professor of Political Science at Northwestern University. She is also a fellow of the American Academy of Arts and Sciences and the American Academy of Political and Social Science. She received her Ph.D. from Emory University. She is coauthor of The Supreme Court and Legal Change: Abortion and the Death Penalty (1992) with Joseph Kobylka; Advice and Consent: The Politics of Judicial Appointments (2005) with Jeffrey A. Segal; The Supreme Court Compendium: Data, Decisions, and Developments, 4th ed. (2007) with Segal, Harold J. Spaeth, and Thomas G. Walker; and The Choices Justices Make (1998) with Jack Knight, which won the C. Herman Pritchett Award for the best book on law and courts. In addition, she is coauthor, with Walter F. Murphy and C. Herman Pritchett of Courts, Judges and Politics, 6th ed. (2006).

Jack Knight is professor in the political science department, a fellow of the Center for Political Economy, and a member of the Committee on Social Thought and Analysis at Washington University. He is the author of Institutions and Social Conflict and co-editor of Explaining Social Institutions with Itai Sened.


Product Details

  • Paperback: 186 pages
  • Publisher: CQ Press; 1 edition (December 1, 1997)
  • Language: English
  • ISBN-10: 1568022263
  • ISBN-13: 978-1568022260
  • Product Dimensions: 8.9 x 5.9 x 0.5 inches
  • Shipping Weight: 11.2 ounces (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #142,684 in Books (See Top 100 in Books)

More About the Author

Lee Epstein is the Edward Mallinckrodt Distinguished University Professor of Political Science and Professor of Law at Washington University and a Fellow of the American Academy of Political and Social Science. She has authored, co-authored, or edited over seventy articles and essays and thirteen books.

 

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13 of 13 people found the following review helpful:
5.0 out of 5 stars Invaluable account of the Court's internal dynamics, October 29, 2005
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This review is from: The Choices Justices Make (Paperback)
The basic accepted truth of modern political scientists (though not always lawyers) is that judges decide cases based primarily upon their policy preferences. The most extreme scholars argue that judges' decisions are based solely on this concern and no other. In their wonderful study, Epstein and Knight contend that this attitudinal model is too simplistic; it ignores that basic fact that justices must gather 5 total votes to enact their policy. This fact, they argue, requires justices to engage in strategic interaction that accounts for the choices of others and the institutional context. Thus, they study three different ideas: that justices' actions are directed toward attaining some policy; justices' are strategic; and institutions structure justices' interactions. Epstein and Knight test their contention through examination of the papers of various Burger Court justices. Their findings tend to support the strategic view of judicial behavior. What is important to remember, is that this book is not meant to be the end of the discussion, but rather the beginning. The authors candidly admit that this is meant to open up new avenues of judicial behavior research. This is a central text of modern political scientists and should be read by any serious student of the Court.
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0 of 3 people found the following review helpful:
5.0 out of 5 stars Great Book, Great Condition., September 28, 2009
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This review is from: The Choices Justices Make (Paperback)
This book came super fast. Has some usage but still in great condition. Thank you.
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Inside This Book (learn more)
First Sentence:
Driving while intoxicated (DWI) and driving under the influence (DUI) are now familiar terms to most Americans, but that was not true during the 1960s. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
norm favoring respect, other government actors, bargaining statements, policy seekers, cert denial, opinion assignments, most preferred position, median legislator, attitudinal model, merits stage, strategic account, cert stage, agenda manipulation, other relevant actors, legitimacy norms, vote data, likely actions, docket sheets, legal goals, sua sponte, indifference point
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, United States, Lee Epstein, New York, Rule of Four, Eleventh Amendment, Library of Congress, Jack Knight, First Amendment, Board of Education, Burger Court, Data Sources, American Political Science Review, University of Chicago Press, Fourteenth Amendment, Newport News, Thurgood Marshall, Naturalization Service, Congressional Quarterly, Rehnquist Court, Bernard Schwartz, Bill Brennan, California Law Review, Herman Pritchett, Justice Lewis
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