R&L Logo R&L Logo
  • GENERAL
    • Browse by Subjects
    • New Releases
    • Coming Soon
    • Chases's Calendar
  • ACADEMIC
    • Textbooks
    • Browse by Course
    • Instructor's Copies
    • Monographs & Research
    • Reference
  • PROFESSIONAL
    • Education
    • Intelligence & Security
    • Library Services
    • Business & Leadership
    • Museum Studies
    • Music
    • Pastoral Resources
    • Psychotherapy
  • FREUD SET
Cover Image
Paperback
eBook
share of facebook share on twitter
Add to GoodReads

Are Judges Political?

An Empirical Analysis of the Federal Judiciary

Cass R. Sunstein; David Schkade and Lisa Ellman

Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.

  • Details
  • Details
Rowman & Littlefield Publishers / Brookings Institution Press
Pages: 177 • Trim: 6 x 9
978-0-8157-3317-1 • Paperback • June 2006 • $29.00 • (£19.99)
978-0-8157-8235-3 • eBook • February 2007 • $27.50 • (£19.99)
Subjects: Political Science / American Government / Judicial Branch, Law / Judicial Power, Political Science / Public Policy / Social Policy

Are Judges Political?

An Empirical Analysis of the Federal Judiciary

Cover Image
Paperback
eBook
Summary
Summary
  • Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.

Details
Details
  • Rowman & Littlefield Publishers / Brookings Institution Press
    Pages: 177 • Trim: 6 x 9
    978-0-8157-3317-1 • Paperback • June 2006 • $29.00 • (£19.99)
    978-0-8157-8235-3 • eBook • February 2007 • $27.50 • (£19.99)
    Subjects: Political Science / American Government / Judicial Branch, Law / Judicial Power, Political Science / Public Policy / Social Policy

ALSO AVAILABLE

  • Cover image for the book Comparative Judicial Politics
  • Cover image for the book Against the Death Penalty
  • Cover image for the book Dred Scott and the Dangers of a Political Court
  • Cover image for the book The Partisan Court: The Era of Political Partisanship on the U.S. Supreme Court
  • Cover image for the book Historical Dictionary of the U.S. Supreme Court
  • Cover image for the book Breaking the Promise of Brown: The Resegregation of America's Schools
  • Cover image for the book The “Stench” of Politics: Polarization and Worldview on the Supreme Court
  • Cover image for the book The Conservative Revolution of Antonin Scalia
  • Cover image for the book Glass and Gavel: The U.S. Supreme Court and Alcohol
  • Cover image for the book Courtwatchers: Eyewitness Accounts in Supreme Court History
  • Cover image for the book Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II, Fifth Edition
  • Cover image for the book The Safeguard of Liberty and Property: The Supreme Court, Kelo v. New London, and the Takings Clause
  • Cover image for the book Judging Executive Power: Sixteen Supreme Court Cases that Have Shaped the American Presidency
  • Cover image for the book Confirmation Wars: Preserving Independent Courts in Angry Times, Updated 2009
  • Cover image for the book Legal Science in the Early Republic: The Origins of American Legal Thought and Education
  • Cover image for the book The Price of Politics: Lessons from Kelo v. City of New London
  • Cover image for the book The Supreme Court against the Criminal Jury: Social Science and the Palladium of Liberty
  • Cover image for the book Justice for All: Reducing Costs and Delay in Civil Litigation
  • Cover image for the book Justice Takes a Recess: Judicial Recess Appointments from George Washington to George W. Bush
  • Cover image for the book Supremely Partisan: How Raw Politics Tips the Scales in the United States Supreme Court
  • Cover image for the book Justice Stephen Field's Cooperative Constitution of Liberty: Liberty in Full
  • Cover image for the book The United States Supreme Court and Politics: Judicial Retirements, the Docket, and the Nomination Process
  • Cover image for the book Comparative Judicial Politics
  • Cover image for the book Against the Death Penalty
  • Cover image for the book Dred Scott and the Dangers of a Political Court
  • Cover image for the book The Partisan Court: The Era of Political Partisanship on the U.S. Supreme Court
  • Cover image for the book Historical Dictionary of the U.S. Supreme Court
  • Cover image for the book Breaking the Promise of Brown: The Resegregation of America's Schools
  • Cover image for the book The “Stench” of Politics: Polarization and Worldview on the Supreme Court
  • Cover image for the book The Conservative Revolution of Antonin Scalia
  • Cover image for the book Glass and Gavel: The U.S. Supreme Court and Alcohol
  • Cover image for the book Courtwatchers: Eyewitness Accounts in Supreme Court History
  • Cover image for the book Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II, Fifth Edition
  • Cover image for the book The Safeguard of Liberty and Property: The Supreme Court, Kelo v. New London, and the Takings Clause
  • Cover image for the book Judging Executive Power: Sixteen Supreme Court Cases that Have Shaped the American Presidency
  • Cover image for the book Confirmation Wars: Preserving Independent Courts in Angry Times, Updated 2009
  • Cover image for the book Legal Science in the Early Republic: The Origins of American Legal Thought and Education
  • Cover image for the book The Price of Politics: Lessons from Kelo v. City of New London
  • Cover image for the book The Supreme Court against the Criminal Jury: Social Science and the Palladium of Liberty
  • Cover image for the book Justice for All: Reducing Costs and Delay in Civil Litigation
  • Cover image for the book Justice Takes a Recess: Judicial Recess Appointments from George Washington to George W. Bush
  • Cover image for the book Supremely Partisan: How Raw Politics Tips the Scales in the United States Supreme Court
  • Cover image for the book Justice Stephen Field's Cooperative Constitution of Liberty: Liberty in Full
  • Cover image for the book The United States Supreme Court and Politics: Judicial Retirements, the Docket, and the Nomination Process
facebook icon twitter icon instagram icon linked in icon NEWSLETTERS
ABOUT US
  • Mission Statement
  • Employment
  • Privacy
  • Accessibility Statement
CONTACT
  • Company Directory
  • Publicity and Media Queries
  • Rights and Permissions
  • Textbook Resource Center
AUTHOR RESOURCES
  • Royalty Contact
  • Production Guidelines
  • Manuscript Submissions
ORDERING INFORMATION
  • Rowman & Littlefield
  • National Book Network
  • Ingram Publisher Services UK
  • Special Sales
  • International Sales
  • eBook Partners
  • Digital Catalogs
IMPRINTS
  • Rowman & Littlefield
  • Lexington Books
  • Hamilton Books
  • Applause Books
  • Amadeus Press
  • Backbeat Books
  • Bernan
  • Hal Leonard Books
  • Limelight Editions
  • Co-Publishing Partners
  • Globe Pequot
  • Down East Books
  • Falcon Guides
  • Gooseberry Patch
  • Lyons Press
  • Muddy Boots
  • Pineapple Press
  • TwoDot Books
  • Stackpole Books
PARTNERS
  • American Alliance of Museums
  • American Association for State and Local History
  • Brookings Institution Press
  • Center for Strategic & International Studies
  • Council on Foreign Relations
  • Fairleigh Dickinson University Press
  • Fortress Press
  • The Foundation for Critical Thinking
  • Lehigh University Press
  • United States Holocaust Memorial Museum
  • Other Partners...