The Puzzle of Unanimity

The Puzzle of Unanimity❮PDF❯ ✓ The Puzzle of Unanimity Author Pamela Corley – Jobs-in-kingston.co.uk The US Supreme Court typically rules on cases that present complex legal uestions Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines it's The US Supreme Court typically rules on cases that present complex legal uestions Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines it's commonly assumed that the Court routinely hands down eually divided decisions Yet the justices actually issue unanimous decisions in approximately one third of the cases The Puzzle eBook ê they decideDrawing on data from the US Supreme Court database internal court documents and the justices' private papers The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus Pamela Corley Amy Steigerwalt and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple concurrently operating forces that cannot be fully accounted for by ideological attitudes In this thorough investigation the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences. A very well crafted work The focus? Why is there as much unanimity on the Supreme Court in their decisions as we see? We often read of a badly fractured corps of nine Justices divided by ideology by differing views of how the Supreme Court ought to interpret the laws and the Constitution At the outset the authors note that about 13 of all decisions have been unanimous since 1953 During the 1997 term with William Rehnuist presiding as Chief Justice that figure reached 51% before declining Indeed the authors contend that page 4 the majority of the Court's decisions every term are unanimous or highly consensualThe book points out that this appears to be in contradiction with the influential view of Segal and Spaeth the attitudinal model that ideology and values are the drivers of decision making on the Court This volume insists that we must entertain several factors as they affect the Supreme Court's decision making a ideology and values b legal considerations c strategic thinking by Justices d institutional changes and e case specific issues They do not deny the role of ideology but they do claim that we need to have a multifactor explanation that takes into account other factorsThe substantive chapters begin with in Chapter 1 a description of when consensus decision making on the court moved toward dissensus the Roosevelt Court others including the authors of this book do note earlier influences such as the Judges Bill passed by Congress in the mod 1920s Chapter 2 lays out the full model advocated by the work Chapter 3 provides results of actual data analysis to indicate the value of the model Chapter 4 examines a related issue the presence of than one opinion being delivered It is not uncommon to see concurring opinions in a decision That is a variety of Justices accept the majority decision but they have differing views as to why this is the case Chapter 5 considers an interesting issue Why do Justices accept certain cases only to produce a unanimous decision? The argument is that there are strategic considerations here uniting Justices with very different perspectivesThe final chapter is a nice summing up of the volume's main points and brings matters togetherAll in all a very satisfying work on Supreme Court decision making

The Puzzle of Unanimity PDF/EPUB ↠ The Puzzle  eBook
  • Hardcover
  • 216 pages
  • The Puzzle of Unanimity
  • Pamela Corley
  • English
  • 24 October 2016
  • 9780804784726