Making Law in the United States Courts of Appeals

ISBN-13: 9780521891455 / Angielski / Miękka / 2002 / 192 str.

David E. Klein

Opis

This book asks how federal court judges decide cases when faced with unsettled issues of law. Specifically, how much and why are their decisions influenced by higher court judges or other judges at the same level as themselves? To answer these questions, the author relies on statistical analyses of decisions and interviews with court of appeals judges. The key findings are that judges give serious attention to the work of colleagues of equal authority, but demonstrate substantial independence from the Supreme Court.

Recenzje

"'Outstanding' and 'path breaking' are overused words; nonetheless they accurately describe this book. As a blend of legal and behavioral scholarship it has no peer, a blend produced by the creation of an innovative set of rigorous measures that are certain to be adapted and employed in subsequent work." Harold J. Spaeth, Michigan State University

Spis treści

1. Lawmaking in a hierarchical judicial system; 2. Theory and hypotheses; 3. The cases; 4. Influences on circuit judges' responses: case evidence; 5. Influences on circuit judges' responses: interview evidence; 6. Anticipating the Supreme Court; 7. Implications and future directions.