The Solicitor General and the United States Supreme Court : executive branch influence and judicial decisions / Ryan C. Black, Ryan J. Owens.
2012
KF8792.5 .B58 2012 (Map It)
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Details
Author
Title
The Solicitor General and the United States Supreme Court : executive branch influence and judicial decisions / Ryan C. Black, Ryan J. Owens.
Published
New York : Cambridge University Press, 2012.
Call Number
KF8792.5 .B58 2012
ISBN
9781107015296 (hardback)
1107015294 (hardback)
1107015294 (hardback)
Description
ix, 181 pages : illustrations ; 24 cm
System Control No.
(OCoLC)761858397
Summary
"The United States government, represented by the Office of the Solicitor General, appears before the Supreme Court more than any other litigant. The Office's link to the president, the arguments it makes before the Court and its ability to alter the legal and policy landscape make it the most important Supreme Court litigant bar none. As such, scholars must understand the Office's role in Supreme Court decision making and its ability to influence the Court. It examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision-making process. From granting review to cases, selecting winning parties, writing opinions and interpreting precedent, the Solicitor General's office influences the Court to behave in ways it otherwise would not"-- Provided by publisher.
"The United States government, represented by the Office of the Solicitor General, appears before the Supreme Court more than any other litigant. The Office's link to the president, the arguments it makes before the Court, and its ability to alter the legal and policy landscape make it the most important Supreme Court litigant bar none. As such, scholars must understand the Office's role in Supreme Court decision making and, more importantly, its ability to influence the Court. This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process. From granting review to cases, selecting winning parties, writing opinions, and interpreting precedent, the Solicitor General's office influences the Court to behave in ways it otherwise would not"-- Provided by publisher.
"The United States government, represented by the Office of the Solicitor General, appears before the Supreme Court more than any other litigant. The Office's link to the president, the arguments it makes before the Court, and its ability to alter the legal and policy landscape make it the most important Supreme Court litigant bar none. As such, scholars must understand the Office's role in Supreme Court decision making and, more importantly, its ability to influence the Court. This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process. From granting review to cases, selecting winning parties, writing opinions, and interpreting precedent, the Solicitor General's office influences the Court to behave in ways it otherwise would not"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 165-175) and index.
Record Appears in
Portion of Title
Executive branch influence and judicial decisions
Added Author
Table of Contents
Acknowledgments
ix
1.
The Solicitor General and the Supreme Court
1
Goal of the Book
5
Outline of the Book
7
2.
The Office of the Solicitor General: "The Finest Law Firm in the Nation"
10
Creating the Office
11
Organization of the Solicitor General's Office
16
Functions of the Solicitor General
20
Solicitor General Success
23
3.
Explanations for Solicitor General Success
29
Theories of Solicitor General Success
32
What Do These Theories Tell Us about Solicitor General Influence?
45
Summary
48
4.
Solicitor General Influence and Agenda Setting
49
The Supreme Court's Agenda Stage
49
Theory and Hypotheses
54
Measures and Data
58
Methods and Results
64
Discussion
70
5.
Solicitor General Influence and Merits Outcomes
72
Coarsened Exact Matching: A Primer
73
Data, Measurement, and Matching
77
Methods and Results
81
Discussion
89
6.
Solicitor General Influence and Briefs
92
A Short History of Supreme Court Briefs
93
Data, Measurement, and Matching
97
Methods and Results
103
Discussion
111
7.
Solicitor General Influence and Legal Doctrine
113
Stare Decisis and the Evolution of Legal Doctrine
116
Data, Measurement, and Matching
122
Methods and Results
125
Discussion
132
8.
Conclusion
134
Solicitor General Influence
135
The Explanation for Solicitor General Influence
136
Appendices
141
Appendix to Chapter 4
Solicitor General Influence and Agenda Setting
141
Appendix to Chapter 5
Solicitor General Influence and Merits Outcomes
153
Appendix to Chapter 6
Solicitor General Influence and Briefs
154
Appendix to Chapter 7
Solicitor General Influence and Legal Doctrine
159
References
165
Index
177