...The attitudinal model or the agency-based explanations are structured around individual preferences, incentives, and institutional interactions. Therefore, in general, their prescriptive implications are not conditional on a certain legal family. For example, the attitudinal model and the agency...

...This chapter uses the separation of powers (SOP) literature to explore the application of strategic models to judicial behavior. Strategic conceptions of judicial decision-making are often presented as a theoretical alternative to the attitudinal model. A review of the basic SOP model highlights...

...This chapter discusses the legal and attitudinal models of judicial decision making and introduces two competing theories for the possible influence of amicus briefs in the Supreme Court. It expands on our conceptions of both of the legal and attitudinal models by illustrating how...

... Court White Byron assisted suicide Clinton v Jones concurrence Epstein Lee Ex Post Facto Clause Lynce v Mathis Richards v Wisconsin Vacco v Quill Walker Thomas G attitudinal model description of opinion consensus Segal Jeffrey A Spaeth Harold Bailey Michael Baum Lawrence Kritzer Herbert...

... precedent attitudinal model citation majority opinion As the previous chapter illustrates, there is a lot more to a case than just how the judges vote. Not only is the content of judicial opinions important, but how they are referred to in the future also matters ( Kassow, Songer, and Fix 2012...

... behavior. That the effect of ideology on judicial behavior is imperceptible when two judges have high levels of interpersonal contact suggests an important limitation to the attitudinal model. The chapter outlines implications for our understanding of judicial decision-making, the stability of law...

... . The Supreme Court and the Attitudinal Model Revisited. New York: Cambridge University Press. Shachar, Yoram , Miron Gross , and Ron Harris . 1997 . “Anatomy of Discourse and Dissent in the Supreme Court—Quantitative Analyses.” Tel Aviv University Law Review...

... strategically. attitudinal model legal considerations legal model s legal realism legal realists ideology ideological strategic behavior strategic model s Blackmun Harry O’Connor Sandra Day audience s discretion heuristic s Douglas William election s accountability heuristic systematic model...

...This introductory chapter considers the constraints faced by Supreme Court justices. It begins by discussing the attitudinal model, which assumes that justices are “decision makers who always vote their unconstrained attitudes.” It then turns to three legal principles that might constrain justices...

... explores the role of ideology in the study of judicial behavior. From the antecedents of the attitudinal model to newer strategic accounts, ideology plays a key role in political science explanations of judging. Measuring ideology in this context is quite difficult. This chapter describes the strengths...

... reasoning involving a wealth of theoretically based questions of interest to scholars in numerous disciplines. constraint s legal considerations attitudinal model ideology ideological legal model s legal realism legal realists accountability analogical analogical reasoning group decision making...

... attitudinal model expert s ideology ideological incompetence judicial selection legal model s selection process external validity Bush v Gore Planned Parenthood v Casey bias threshold s constraint s extralegal factors discretion accountability Chevron juror s expertise FCC v Beach...

... prosecutor prosecution agency Constitutional Court courts judges attitudinal model strategic model constitutional review legalism Judicial politics is the study of how politics influences the structure, process, and decision-making of judicial institutions, as well as how such institutions...

... effects on judicial decision making and the achievement of consensus. Burger Warren E Due Process Clause Fourteenth Amendment Little v Streater legal certainty Moore v City of East Cleveland unanimity attitudinal model description of Dworkin Ronald legal realism Pritchett C Herman Epstein Lee...

... Circuit Ginsburg Ruth Bader ideology Scalia Antonin Gregory persuasion suppression of disagreement judicial behavior U.S. Supreme Court collegiality interpersonal contact dissenting opinions concurring opinions attitudinal model judicial decision-making judicial politics empirical legal...

... Russell Epstein Lee counterideological lower court decisions Judicial Common Space JCS scores panels judicial behavior U.S. Courts of Appeals U.S. District Courts intercourt relations collegiality interpersonal contact appellate reversal attitudinal model judicial decision-making judicial...

... National Security Agency United States Supreme Court briefs oral arguments petitioner and respondent Taylor Judge Anna Diggs Johnson Timothy legal model Ginsburg Justice Ruth Bader ideological versus non ideological cases Wachovia Bank v Schmidt attitudinal model of judicial decision making...

... Decisions advertised as legal rulings are, in fact, based almost entirely on policy preferences. Harold Spaeth and Jeffrey Segal, the two leading proponents of the attitudinal model of judicial decision-making, maintain that Supreme Court justices exercise “virtually untrammeled policy-making authority...

... observational data gender Hale Baroness generalist apex courts UK Supreme Court legal specialization English legal system legal model of judging attitudinal model strategic model Between October 2009 and September 2017 (when the data collection for this book ended), the Supreme Court handed down 533...

... of the applica- tions and limitations of the legal and attitudinal models of judicial deci- sion making. By considering the in uence of amicus briefs in light of these two important theories of judicial choice, this research offers lever- age over the robustness of these models, highlighting both their strengths...