New Directions in Judicial Politics
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.
Kevin T. McGuire is Professor of Political Science at the University of North Carolina at Chapel Hill.
New Directions in American Politics
The Routledge series New Directions in American Politics is composed of contributed volumes covering key areas of study in the field of American politics and government. Each title provides a state-of-the-art overview of current trends in its respective subfield, with an eye toward cutting edge research accessible to advanced undergraduate and beginning graduate students. While the volumes touch on the main topics of relevant study, they are not meant to cover the nuts and bolts of the subject. Rather, they engage readers in the most recent scholarship, real-world controversies, and theoretical debates with the aim of getting students excited about the same issues that animate scholars.
Titles in the Series:
New Directions in American Political Parties
Edited by Jeffrey M. Stonecash
New Directions in the American Presidency
Edited by Lori Cox Han
New Directions in Campaigns and Elections
Edited by Stephen K. Medvic
New Directions in Congressional Politics
Edited by Jamie Carson
New Directions in Public Opinion
Edited by Adam Berinsky
New Directions in Judicial Politics
Edited by Kevin T. McGuire
New Directions in American Politics
Edited by Raymond J. La Raja
New Directions in Media and Politics
Edited by Travis Ridout
New Directions in Judicial Politics
Edited by Kevin T. McGuire
First published 2012
by Routledge
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Simultaneously published in the UK
by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
2012 Taylor & Francis
The right of Kevin T. McGuire to be identified as the author of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
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Library of Congress Cataloging in Publication Data
New directions in judicial politics / edited by Kevin T. McGuire.
p. cm.
1. Judicial processUnited States. 2. United States. Supreme Court. 3. Political questions and judicial powerUnited States. 4. CourtsUnited States. I. McGuire, Kevin T.
KF8775.N48 2012
ISBN: 978-0-415-89331-2 (hbk)
ISBN: 978-0-415-89332-9 (pbk)
ISBN: 978-0-203-80571-8 (ebk)
Contents
CHRISTINE L . NEMA CHECK
JONATHAN P . KASTELLEC, JEFFREY R . LAX, AND JUSTIN PHILLIPS
DAMON M . CANN , CHRIS W . BONNEAU, AND BRENT D . BOYEA
ISAAC UNAH
WILLIAM HALTOM AND MICHAEL McCANN
SCOTT A . COMPARATO, SCOTT D . McCLURG , AND SHANE A . GLEASON
VIRGINIA A . HETTINGER AND STEFANIE A . LINDQUIST
RYAN C . BLACK AND RYAN J . OWENS
TIMOTHY R . JOHNSON , JAMES F . SPRIGGS , I I , AND PAUL J . WAHLBECK
TOM S . CLARK
MICHAEL A . BAILEY AND FORREST MALTZMAN
PAUL M . COLLINS , JR.
KEVIN T . McGUIRE
SARA C . BENESH AND WENDY L . MARTINEK
RICHARD SANDER
Contributors
Michael A. Bailey is the Colonel William J. Walsh Professor of American Government in the Georgetown University Department of Government and the Georgetown Public Policy Institute. He is co-author (with Forrest Maltzman) of The Constrained Court: Law, Politics and the Decisions Justices Make from Princeton University Press. Baileys work covering the Supreme Court, trade, Congress, elections, and methodology has been published in the American Political Science Review, the American Journal of Political Science, the Journal of Politics, World Politics, the Journal of Law, Economics, & Organization and elsewhere. He received his Ph.D. from Stanford University.
Sara C. Benesh is Associate Professor of Political Science and Director of Graduate Studies at the University of WisconsinMilwaukee. Her primary research interests include decision-making in lower state and federal courts, and public opinion about the power and legitimacy of courts. Her research has appeared in American Journal of Political Science, Journal of Politics, American Politics Research, and Justice System Journal, among others, and has been supported by the National Science Foundation. She is the author of The U.S. Court of Appeals and the Law of Confession: Perspectives on the Hierarchy of Justice and co-author of The Supreme Court in the American Legal System and contributed to The Pioneers of Judicial Behavior. She teaches courses on the Supreme Court, constitutional law, American government, and political methodology. She received her Ph.D. in 1999 from Michigan State University.
Ryan C. Black is Assistant Professor of Political Science at Michigan State University. He has published on the Supreme Courts decision-making process in the Journal of Politics, Political Research Quarterly, Journal of Law, Economics, & Organization, American Politics Research, and Justice System Journal. He is also the co-author of two forthcoming books about the Court: Oral Arguments and Coalition Formation on the United States Supreme Court and The Solicitor General and the United States Supreme Court: Executive Branch Influence and Judicial Decisions.
Chris W. Bonneau is Associate Professor of Political Science at the University of Pittsburgh. He has published widely in such journals as the American Journal of Political Science, the Journal of Politics, Political Research Quarterly and others on the topic of judicial selection and the election of judges. He is co-author of In Defense of Judicial Elections and Strategic Behavior and Policy Choice on the U.S. Supreme Court.
Brent D. Boyea is Associate Professor of Political Science at the University of Texas at Arlington. His primary research and teaching interests include American political institutions, judicial politics, state politics, and elections. He has published articles in several journals, including the
