Making law and courts research relevant : the normative implications of empirical research / edited by Brandon L. Bartels and Chris W. Bonneau.
2015
KF389 .M35 2015 (Map It)
Available at Cellar
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Details
Title
Making law and courts research relevant : the normative implications of empirical research / edited by Brandon L. Bartels and Chris W. Bonneau.
Published
New York ; London : Routledge, Taylor & Francis Group, 2015.
Call Number
KF389 .M35 2015
ISBN
9781138021921 (pbk.)
113802192X (pbk.)
9781138021907 (hardback)
1138021903 (hardback)
9781315777436 (ebk)
1317693450
9781317693451
1317693442
9781317693444
113802192X (pbk.)
9781138021907 (hardback)
1138021903 (hardback)
9781315777436 (ebk)
1317693450
9781317693451
1317693442
9781317693444
Description
xvii, 242 pages : illustrations ; 23 cm.
System Control No.
(OCoLC)869771551
Summary
"One of the more enduring topics of concern for empirically-oriented scholars of law and courts-and political scientists more generally -is how research can be more rectly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years. Brandon Bartels and Chris Bonneau argue that being attuned to the normative implications of one's work enhances the quality of empirical work, not to mention makes it substantially more interesting to both academics and non-academic practitioners. Their book's mission is to examine how the normative implications of empirical work in law and courts can be more visible and relevant to audiences beyond academia. Written by scholars of political science, law, and sociology, the chapters in the volume offer ideas on a methodology for communicating normative implications in a balanced, nuanced, and modest manner. The contributors argue that if empirical work is strongly suggestive of certain policy or institutional changes, scholars should make those implications known so that information can be diffused. The volume consists of four sections that respectively address the general enterprise of developing normative implications of empirical research, law and decisionmaking, judicial selection, and courts in the broader political and societal context. This volume represents the start of a conversation on the topic of how the normative implications of empirical research in law and courts can be made more visible. This book will primarily interest scholars of law and courts, as well as students of judicial politics. Other subfields of political science engaging in empirical research will also find the suggestions made in the book relevant."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Series
Record Appears in
Table of Contents
List of Figures
x
List of Tables
xi
Preface
xii
Acknowledgments
xvi
pt. I
The Enterprise of Normative Implications of Empirical Research
1
1.
The Normative Implications of Empirical Research: A Research Agenda / Brandon L. Bartels
3
2.
Some Ideas on How Political Scientists Can Develop Real-World Implications from Their Research (Without Becoming Policy Wonks or Law Professors) / Andrew D. Martin
14
pt. II
Law and Decisionmaking
27
3.
The Rule of Law and the Empirical Study of Rules / Barry Friedman
29
4.
Judicial Behavior and Judicial Review / Lawrence Baum
38
5.
On Substance and Rhetoric in Constitutional Law / Jamal Greene
55
6.
The Role of Courts in the Policymaking Process / Ian R. Turner
64
7.
White Lies: Social Science Research, Judicial Decision-Making, and the Fallacy of Objectivity / Wendy Leo Moore
79
pt. III
Judicial Selection
97
8.
Advice and Consent in a Polarized Era: Time to Pull a Normative Alarm? / Sarah A. Binder
99
9.
The Different Manifestations of Representative Drift on U.S. State and Federal Courts / Jeffrey A. Segal
107
10.
The Use and Abuse of Empirical Evidence in Support of Normative Arguments on Judicial Selection / Anita Foss
118
11.
Bridging the Gap between Science and Politics: Lessons from the Judicial Elections Controversy / Melinda Gann Hall
127
12.
Unpacking the Debate on Judicial Appointments outside the United States: What Research Might Be Able to Contribute to the Normative Conversation / Troy Riddell
142
pt. IV
Courts in the Broader Political and Societal Context
155
13.
The Normative Element of Legitimacy / David Klein
157
14.
Can the U.S. Supreme Court Have Too Much Legitimacy? / Michael J. Nelson
169
15.
Government Noncompliance with Constitutional Court Orders in South Africa / David Hausman
180
16.
Race and Legitimacy for the Federal Courts / Nancy Scherer
193
17.
Day-to-Day Legitimacy: First Instance Forums Broadly Construed / Herbert M. Kritzer
208
pt. V
Conclusion
219
18.
Can Empirical Research Be Relevant to the Policy Process? Understanding the Obstacles and Exploiting the Opportunities / Chris W. Bonneau
221
Appendix
229
About the Contributors
231
Index
237