Overview

Over the course of the past decade, the behavioral analysis of decisions by the Supreme Court has turned to game theory to gain new insights into this important institution in American politics. Game theory highlights the role of strategic interactions between the Court and other institutions in the decisions the Court makes as well as in the relations among the justices as they make their decisions. Rather than assume that the justices’ votes reveal their sincere preferences, students of law and politics have ...

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Institutional Games and the U.S. Supreme Court

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Overview

Over the course of the past decade, the behavioral analysis of decisions by the Supreme Court has turned to game theory to gain new insights into this important institution in American politics. Game theory highlights the role of strategic interactions between the Court and other institutions in the decisions the Court makes as well as in the relations among the justices as they make their decisions. Rather than assume that the justices’ votes reveal their sincere preferences, students of law and politics have come to examine how the strategic concerns of the justices lead to "sophisticated" behavior as they seek to maximize achievement of their goals when faced with constraints on their ability to do so.

In Institutional Games and the U.S. Supreme Court, James Rogers, Roy Flemming, and Jon Bond gather various essays that use game theory to explain the Supreme Court's interactions with Congress, the states, and the lower courts. Offering new ways of understanding the complexity and consequences of these interactions, the volume joins a growing body of work that considers these influential interactions among various branches of the U.S. government.

Contributors:

Kenneth A. Shepsle, Andrew De Martin, James R. Rogers, Christopher Zorn, Georg Vanberg, Cliff Carrubba, Thomas Hammond, Christopher Bonneau, Reginald Sheehan, Charles Cameron, Lewis A. Kornhauser, Ethan Bueno de Mesquita, Matthew Stephenson, Stefanie A. Lindquist, Susan D. Haire, Lawrence Baum

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Product Details

  • ISBN-13: 9780813934198
  • Publisher: University of Virginia Press
  • Publication date: 10/5/2012
  • Series: Constitutionalism and Democracy
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 320
  • File size: 4 MB

Meet the Author

James R. Rogers, Roy B. Flemming, and Jon R. Bond are Professors of Political Science at Texas A&M University.

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Table of Contents

Statutory battles and constitutional wars : Congress and the Supreme Court 3
Why expert judges defer to (almost) ignorant legislators : accounting for the puzzle of judicial deference 24
Institutions and independence in models of judicial review 43
"John Marshall has made his decision" : implementation, transparency, and public support 69
Court-state interactions : national judicial power and the dormant commerce clause 97
A court of appeals in a rational-choice model of Supreme Court decision making 127
Appeals mechanisms, litigant selection, and the structure of judicial hierarchies 173
Informative precedent and intrajudicial communications 205
Decision making by an agent with multiple principals : environmental policy in the U.S. courts of appeals 230
Afterword : studying courts formally 261
App A primer on game theory 275
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