Oxford Index Search Results

You are looking at 1-20 of 41 items for:

decision-making x Politics and Law x clear all

The Supreme Court Decision Making Process

Timothy R. Johnson.

in Oxford Research Encyclopedia of Politics

P ublished online November 2016 .

Article. Subjects: Politics and Law. 13139 words.

The U.S. Supreme Court is but one of three political institutions within the structure of the U.S. federal government. Within this system of separated powers it rules on the...

Go to Oxford Research Encyclopedias »  abstract

Law in Judicial Decision-Making

David Klein.

in The Oxford Handbook of U.S. Judicial Behavior

June 2017; p ublished online July 2017 .

Article. Subjects: Politics and Law. 8712 words.

Years of effort by many talented and creative scholars to gauge the influence of law on judicial decision-making have produced payoffs, but the payoffs do not seem commensurate with the...

Go to Oxford Handbooks Online »  abstract

Strategic Judicial Decision-making

Pablo T. Spiller and Rafael Gely.

in The Oxford Handbook of Law and Politics

August 2008; p ublished online September 2009 .

Article. Subjects: Politics; Politics and Law. 4898 words.

In his incomparable style, Judge Richard Posner describes what is perhaps the issue of most interest to scholars in the strategic tradition to judicial decision-making: under which...

Go to Oxford Handbooks Online »  abstract

More than Just a Different Face? Judicial Diversity and Decision-making

Rosemary Hunter.

in Current Legal Problems

January 2015; p ublished online April 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 9981 words.

This article addresses a key question in debates around judicial diversity: what evidence is there that a more diverse judiciary will make a difference to substantive decision-making? The...

Go to Oxford Journals »  full text: open access

Gatekeeping and Filtering in Trial Courts

Christina L. Boyd.

in The Oxford Handbook of U.S. Judicial Behavior

June 2017; p ublished online July 2017 .

Article. Subjects: Politics and Law. 9733 words.

Trial courts and their actors play critical gatekeeping and filtering roles within the judicial hierarchy. As this chapter discusses, the decisions made by litigants and judges in the...

Go to Oxford Handbooks Online »  abstract

The Strategic Analysis of Judicial Behavior and the Separation of Powers

Chad L. Westerland.

in The Oxford Handbook of U.S. Judicial Behavior

June 2017; p ublished online July 2017 .

Article. Subjects: Politics and Law. 8983 words.

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...

Go to Oxford Handbooks Online »  abstract

Law Clerks

Artemus Ward.

in The Oxford Handbook of U.S. Judicial Behavior

June 2017; p ublished online July 2017 .

Article. Subjects: Politics and Law. 13250 words.

Law clerks are central to the judicial process. Yet questions persist about whether they exercise undue influence. Clerkships are prestigious and clerk selection is driven by increasing...

Go to Oxford Handbooks Online »  abstract

Access to Intermediate Appellate Courts

Donald R. Songer and Susan B. Haire.

in The Oxford Handbook of U.S. Judicial Behavior

June 2017; p ublished online July 2017 .

Article. Subjects: Politics and Law. 9770 words.

The formal organization of court systems and jurisdictional rules established by legislatures often determine which litigants will have their cases reviewed by an appellate court. While...

Go to Oxford Handbooks Online »  abstract

Vertical Stare Decisis

Thomas G. Hansford.

in The Oxford Handbook of U.S. Judicial Behavior

June 2017; p ublished online July 2017 .

Article. Subjects: Politics and Law. 8163 words.

This chapter critically assesses the current state of the literature on vertical stare decisis. It begins with a consideration of how stare decisis does, or does not, fit with the...

Go to Oxford Handbooks Online »  abstract

The Judicial Hierarchy

John P. Kastellec.

in Oxford Research Encyclopedia of Politics

P ublished online January 2017 .

Article. Subjects: Politics and Law. 14930 words.

Crucial to understanding the behavior of judges and the outputs of courts is the institutional context in which they operate. One key component of courts’ institutional structure is that...

Go to Oxford Research Encyclopedias »  abstract

Courts and Rule of Law in Developing Countries

Lisa Hilbink and Matthew C. Ingram.

in Oxford Research Encyclopedia of Politics

P ublished online May 2019 .

Article. Subjects: Politics and Law. 15617 words.

Under what conditions can courts be effective and the rule of law be meaningful in developing countries? A vast literature has emerged over the past several decades seeking to understand...

Go to Oxford Research Encyclopedias »  abstract

Formalism: Legal, Constitutional, Judicial

Frederick Schauer.

in The Oxford Handbook of Law and Politics

August 2008; p ublished online September 2009 .

Article. Subjects: Politics; Politics and Law. 3862 words.

Formalism is a style of adjudication and an approach to constitutional interpretation that is often caricatured but rarely described, let alone defended. For years, the most common target...

Go to Oxford Handbooks Online »  abstract

Law and Society

Lynn Mather.

in The Oxford Handbook of Law and Politics

August 2008; p ublished online September 2009 .

Article. Subjects: Politics; Politics and Law. 7599 words.

The study of law and society rests on the belief that legal rules and decisions must be understood in context. Law is not autonomous, standing outside of the social world, but is deeply...

Go to Oxford Handbooks Online »  abstract

Law and Society

Lynn Mather.

in The Oxford Handbook of Political Science

July 2011; p ublished online September 2013 .

Article. Subjects: Politics; Politics and Law. 7640 words.

The study of law and society rests on the belief that legal rules and decisions must be understood in context. Law is not autonomous, standing outside of the social world, but is deeply...

Go to Oxford Handbooks Online »  abstract

The normative dimensions and performance of global administrative law

Richard B. Stewart.

in International Journal of Constitutional Law

April 2015; p ublished online July 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 3149 words.

Global administrative law (GAL) scholarship largely follows a positivist approach. A priority is systematic work, both theoretical and applied, on the normative foundations and performance...

Go to Oxford Journals »  abstract

Law and Regulation

Susan Rose-Ackerman.

in The Oxford Handbook of Law and Politics

August 2008; p ublished online September 2009 .

Article. Subjects: Politics; Politics and Law. 7947 words.

In the United States, federal courts have been extraordinarily important in constraining and monitoring the development of the modern regulatory state. The existing literature helps one to...

Go to Oxford Handbooks Online »  abstract

The harms of remedial discretion

Robert Leckey.

in International Journal of Constitutional Law

July 2016; p ublished online September 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 12948 words.

This article raises a dissenting voice against the widespread scholarly view that discretion in remedying legislative infringement of rights can be dialogic, gentle, and cooperative. It...

Go to Oxford Journals »  home page

Hannah Arendt in Venezuela: The Supreme Court battles Hugo Chávez over the creation of the 1999 Constitution

Joshua Braver.

in International Journal of Constitutional Law

July 2016; p ublished online September 2016 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 15458 words.

Both “proponents” and “critics” of popular constitution-making share Carl Schmitt’s definition of the people as outside of, unconstrained by, and superior to all law. Critics cite Venezuela...

Go to Oxford Journals »  home page

Democratic constitution-making bodies: The perils of a partisan convention

Gabriel L Negretto.

in International Journal of Constitutional Law

May 2018; p ublished online May 2018 .

Journal Article. Subjects: Constitutional and Administrative Law; Politics and Law. 12627 words.

Abstract

Constituent conventions have traditionally occupied a privileged position within normative theories of constitution-making. It is claimed that...

Go to Oxford Journals »  home page

Cognition in the Courts

Eileen Braman.

in The Oxford Handbook of U.S. Judicial Behavior

June 2017; p ublished online July 2017 .

Article. Subjects: Politics and Law; Political Methodology. 11738 words.

This chapter critically evaluates how experiments are used to study cognitive processes involved in legal reasoning. Looking at research on legal presumptions, heuristic processing, and...

Go to Oxford Handbooks Online »  abstract