The Supreme Court in American Politics: New Institutionalist Interpretations

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"A penetrating exploration of the 'new institutionalism' that expands our understanding of the Supreme Court in its larger political and social contexts."—Tinsley E. Yarbrough, author of Judicial Enigma: The First Justice Harlan

"These thoughtful, well-crafted, and engaging essays make a major contribution to our knowledge of the historical development and current dynamics of the politics of the Supreme Court."—Sue Davis, author of Justice Rehnquist and the Constitution

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Overview

"A penetrating exploration of the 'new institutionalism' that expands our understanding of the Supreme Court in its larger political and social contexts."—Tinsley E. Yarbrough, author of Judicial Enigma: The First Justice Harlan

"These thoughtful, well-crafted, and engaging essays make a major contribution to our knowledge of the historical development and current dynamics of the politics of the Supreme Court."—Sue Davis, author of Justice Rehnquist and the Constitution

"Provides an abundance of insights about the conditions that shape the Court's behavior and its role in the political system."—Lawrence Baum, author of The Supreme Court and The Puzzle of Judicial Behavior

"A very useful collection that should attract considerable classroom use."—David M. O'Brien, author of Storm Center: The Supreme Court in American Politics

Author Biography: Howard Gillman is associate professor of political science at the University of Southern California and the author of The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence.

Cornell Clayton is associate professor of political science at Washington State University and the author of The Politics of Justice: The Attorney General and the Making of Legal Policy and the editor of Government Lawyers: The Federal Legal Bureaucracy and Presidential Politics.

Contributors: John Brigham, Keith J. Bybee, Susan Burgess, Cornell Clayton, John B. Gates, Howard Gillman, Leslie Friedman Goldstein, Mark A. Graber, Ronald Kahn, Michael McCann, Kevin T. McGuire, Mark Silverstein

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Editorial Reviews

Library Journal
According to professors Gillman and Clayton, pivotal aspects of the work of the United States Supreme Court beyond simply the voting records of the justices deserve close scrutiny. They acknowledge that this premise is not new but point out that their work is an intellectual descendant of the reaction earlier in this century to the mechanical jurisprudence school of thought--hence, their claim of offering "new" institutionalist interpretations. All of the book's contributors argue effectively that the work of the court can be properly understood only when placed in broader political, social, cultural, and economic context. But they deny that the justices are simply behaving like other political actors when they hand down decisions influenced by this broader contextual reality. This persuasive work is for anyone seeking to understand both the work of the court and the nature of this "new institutionalism." Recommended especially for academic libraries and advanced courses in public law.--Stephen K. Shaw, Northwest Nazarene Coll., Nampa, ID Copyright 1999 Cahners Business Information.
Booknews
Draws on the "new institutionalism" in the social sciences, exploring the Supreme Court's institutional development and is relationship to broader political contexts such as party regimes, electoral systems, and social movements. Initial chapters examine the nature of the Court's distinctive norms as well as the development of its powers and practice. Later chapters relate the development of Court politics to the historical development of other political institutions and social movements. Concluding chapters explore how its decision making is influenced by, and influences, its sociopolitical milieu. Gillman is associate professor of political science at the University of Southern California. Clayton is associate professor of political science at Washington State University. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780700609758
  • Publisher: University Press of Kansas
  • Publication date: 9/28/1999
  • Pages: 320
  • Product dimensions: 6.30 (w) x 9.32 (h) x 1.08 (d)

Table of Contents

Acknowledgments
1 Introduction 1
2 The Constitution of the Supreme Court 15
3 The Problematic Establishment of Judicial Review 28
4 Institutional Norms and the Historical Development of Supreme Court Politics: Changing "Social Facts" and Doctrinal Development 43
5 How the Supreme Court Matters in American Politics: New Institutionalist Perspectives 63
6 The Supreme Court and Partisan Change: Contravening, Provoking, and Diffusing Partisan Conflict 98
7 The Supreme Court Bar and Institutional Relationships 115
8 Bill Clinton's Excellent Adventure: Political Development and the Modern Confirmation Process 133
9 Law, Politics, and the Rehnquist Court: Structural Influences on Supreme Court Decision Making 151
10 Supreme Court Agenda Setting in Gender Equity Cases, 1970-1994 178
11 Queer New Institutionalism: Notes on the Naked Power Organ in Mainstream Constitutional Theory and Law 199
12 Democratic Theory and Race-Conscious Redistricting: The Supreme Court Constructs the American Voter 219
13 Reconnecting the Modern Supreme Court to the Historical Evolution of American Capitalism 235
Bibliography 257
List of Cases Cited 281
List of Contributors 285
Index 287
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