Commitment and cooperation on high courts : a cross-country examination of institutional constraints on judges / Benjamin Alarie, Andrew J. Green.
2017
KF8775 .A94 2017 (Map It)
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Details
Author
Title
Commitment and cooperation on high courts : a cross-country examination of institutional constraints on judges / Benjamin Alarie, Andrew J. Green.
Published
New York, NY : Oxford University Press, [2017]
Call Number
KF8775 .A94 2017
ISBN
9780199397594 hardcover ; alkaline paper
0199397597 hardcover ; alkaline paper
0199397597 hardcover ; alkaline paper
Description
xvii, 327 pages : illustrations ; 25 cm
System Control No.
(OCoLC)978275930
Summary
"This book is about how the design of a high court influences how judges decide appeals. It is comforting and convenient to believe the "rule of law" dictates how a judge on a high court will decide crucial issues ranging from the death penalty and national security to regulation of banks or railways. However, we argue that how a court is designed can make a fundamental difference in who wins a particular case and how the law develops."--Page [xiii].
Note
Compares the United States, Canada, Great Britain, India, and Australia.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Szladits Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Szladits Fund
Table of Contents
Acknowledgments
xi
Introduction
xiii
1.
Commitment and Cooperation on High Courts
1
Commitment: Judges and Their Personal Views
2
Cooperation: Judges and Their Colleagues
5
Combining Commitment and Cooperation
6
Are Commitment and Cooperation Related?
8
Why Commitment and Cooperation?
8
Comparing High Courts
10
United States
11
Australia
15
Canada
19
India
22
United Kingdom
25
Conclusion
29
2.
How Do Judges Decide?
31
Theories of How Judges Decide
32
What Influences a Judge's Decision?
36
Policy Preferences
38
Reputation
39
Identity
40
Financial/Material Compensation
41
Leisure
41
Institutional Wedges
43
Judges, the Law, and Institutions
46
3.
Planting the Seed: Choosing High Court Judges
49
Choosing the Bench
52
Executive Power
53
"With the Advice and Consent": Combining the Executive and Legislature
56
Committee Approach
58
Letting the Judges Decide
60
Is There a Connection between the Appointments Process and Decision-Making?
61
Do Political Processes Lead to Political Judges?
62
Are Judges Dispersed?
69
Are Judges Consistent Across Areas of Law?
73
Do Appointers Replicate Themselves?
83
Does a Balanced Process Lead to Cooperative Judges?
89
Judging and the Appointment Process
93
4.
Who Hears the Particular Appeal?
97
Choosing the Panel
99
No Discretion
100
High Discretion
100
Mixed Structures
102
Gaming or Efficiency? Rival Hypotheses of Panel Setting
104
Managerial Panel Selection
104
Does the Choice of Panels Influence Outcomes of Appeals?
108
Strategic Panel Selection
114
Setting Panels
121
5.
Do Judges Care About Others?
123
Other Judges on the Panel
124
Judge's Role
135
Freshman Judge
136
Chief Justice
140
Other Branches of Government
144
Judges and Other Actors
152
6.
Slipping Through the Screen: How Do Courts Choose the Cases They Hear?
153
Who Gets to Decide Which Cases to Hear?
155
How Do Judges Decide Which Cases to Hear?
157
Workload: How Will Accepting a Particular Case Affect a Judge's Workload?
158
Cue Theory: What Kind of Case Is This?
168
Simple Ideology: Do I Want to Overturn This Decision?
176
Sophisticated Ideology: Can I Win?
181
Which Factors Matter?
185
7.
Influence of the Parties on Judges: Accuracy or Affiliation?
187
Who Is Before the Court?
191
Accuracy or Affiliation?
194
Accuracy
194
Affiliation
197
How Do Judges Relate to the Litigants?
198
Judges Are More Likely to Vote in Favor of the Litigant with the Greatest Resources, Sometimes
199
Judges Do Not Clearly Tend to Vote in Line with Like-Minded Litigants
205
How Do Judges Relate to Interveners?
207
Do Parties Make a Difference?
210
8.
Norms, Leadership, and Consensus
211
Do Differences in Policy Preferences Influence Dissents?
217
Direct Measures of Ideological Difference
221
Does Complexity or Controversy Matter?
229
How Important Is Workload to Dissent?
232
Norms and the Chief Justice
235
Norms and Ideology
245
9.
Conclusion
247
Appendices
1.
Data
255
2.
Influences on Judges' Votes
262
3.
Dissent Analysis
271
Index
315