New Directions in Judicial Politics

With its often vague legal concepts and institutions that operate according to unfamiliar procedures, judicial decision-making is, in many respects, a highly enigmatic process. New Directions in Judicial Politics seeks to demystify the courts, offering readers the insights of empirical research to address questions that are of genuine interest to students.
In addition to presenting a set of conclusions about the way in which courts operate, this book also models the craft of political research, illustrating how one can account for a variety of factors that might affect the courts and how they operate. The renowned scholars and teachers in this volume invite critical thinking, not only about the substance of law and courts in America, but also about the ways in which we study judicial politics.

Kevin T. McGuire is Professor of Political Science at the University of North Carolina at Chapel Hill.

Part I: Selecting Judges 1. Selecting Justice: Strategy and Uncertainty in Choosing Supreme Court Nominees Christine L. Nemacheck 2. The Role of Public Opinion in Supreme Court Confirmations Jonathan P. Kastellec, Jeffrey R. Lax, and Justin Phillips 3. Campaign Contributions and Judicial Decisions in Partisan and Nonpartisan Elections Damon M. Cann, Chris W. Bonneau, and Brent D. Boyea Part II: Trial Courts 4. Race and Death Sentencing Isaac Unah and John Charles Boger 5. Under-Estimating and Over-Estimating Litigation: How Activist Plaintiffs May Advance Their Causes Even As They Lose Their Cases William Haltom and Michael McCann Part III: Appellate Courts 6. Patterns of Policy Making across State Supreme Courts Scott A. Comparato, Scott D. McClurg, and Shane A. Gleason 7. Decision Making in the U.S. Courts of Appeals: The Determinants of Reversal on Appeal Virginia A. Hettinger and Stefanie A. Lindquist 8. Supreme Court Agenda Setting: Policy Uncertainty and Legal Considerations Ryan C. Black and Ryan J. Owens 9. The Origin and Development of Stare Decisis at the U.S. Supreme Court Timothy Johnson, James F. Spriggs, II, and Paul. J. Wahlbeck 10. Bargaining and Opinion Writing on the U.S. Supreme Court Tom S. Clark Part IV: Courts and Their Political Environments 11. Goldilocks and the Supreme Court: Understanding the Relationship between the Supreme Court, the President, and the Congress Michael A. Bailey and Forrest Maltzman 12. Interest Groups and Their Influence on Judicial Policy Paul M. Collins, Jr. 13. Public Opinion, Religion, and Constraints on Judicial Behavior Kevin T. McGuire Part V: Implementation and Impact 14. Lower Court Compliance with Precedent Sara C. Benesh and Wendy L. Martinek 15. Why Strict Scrutiny Requires Transparency: The Practical Effects of Bakke, Gratz, and Grutter Richard Sander