New Directions in Judicial Politics / edited by Kevin T. McGuire

Includes index.

Front Cover; New Directions in Judicial Politics; Copyright Page; Contents; Notes on Contributors; Preface; Acknowledgments; Part I: Selecting Judges; 1. Selecting Justice: Strategy and Uncertainty in Choosing Supreme Court Nominees: Christine L. Nemacheck; 2. The Role of Public Opinion in Supreme Court Confirmations: Jonathan P. Kastellec, Jeffrey R. Lax, and Justin Phillips; 3. Campaign Contributions and Judicial Decisions in Partisan and Nonpartisan Elections: Damon M. Cann, Chris W. Bonneau, and Brent D. Boyea; Part II: Trial Courts; 4. Race and Death Sentencing: Isaac Unah. 5. Under-Estimating and Over-Estimating Litigation: How Activist Plaintiffs may Advance their Causes Even as they Lose their Cases: William Haltom and Michael McCannPart III: Appellate Courts; 6. Patterns of Policy Making across State Supreme Courts: Scott A. Comparato, Scott D. McClurg, and Shane A. Gleason; 7. Decision Making in the U.S. Courts of Appeals: The Determinants of Reversal on Appeal: Virginia A. Hettinger and Stefanie A. Lindquist; 8. Supreme Court Agenda Setting: Policy Uncertainty and Legal Considerations: Ryan C. Black and Ryan J. Owens. 9. The Origin and Development of Stare Decisis at the U.S. Supreme Court: Timothy R. Johnson, James F. Spriggs, II, and Paul J. Wahlbeck10. Bargaining and Opinion Writing on the U.S. Supreme Court: Tom S. Clark; Part IV: Courts and Their Political Environments; 11. Goldilocks and the Supreme Court: Understanding the Relationship between the Supreme Court, the President, and the Congress: Michael A. Bailey and Forrest Maltzman; 12. Interest Groups and Their Influence on Judicial Policy: Paul M. Collins, Jr.; 13. Public Opinion, Religion, and Constraints on Judicial Behavior: Kevin T. McGuire. Part V: Implementation and Impact14. Lower Court Compliance with Precedent: Sara C. Benesh and Wendy L. Martinek; 15. Why Strict Scrutiny Requires Transparency: The Practical Effects of Bakke, Gratz, and Grutter: Richard Sander; References; Index.

With its often vague legal concepts and institutions that operate according to unfamiliar procedures, judicial decision-making is, in many respects, a highly enigmatic process. New Directions in Judicial Politics seeks to demystify the courts, offering readers the insights of empirical research to address questions that are of genuine interest to students.


In addition to presenting a set of conclusions about the way in which courts operate, this book also models the craft of political research, illustrating how one can account for a variety of factors that might affect the courts and how they operate. The renowned scholars and teachers in this volume invite critical thinking, not only about the substance of law and courts in America, but also about the ways in which we study judicial politics.