The impact of judicial-selection method on State-Supreme-Court policy : innovation, reaction, and atrophy

書誌事項

The impact of judicial-selection method on State-Supreme-Court policy : innovation, reaction, and atrophy

Daniel R. Pinello

(Contributions in legal studies, no. 80)

Greenwood Press, 1995

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

This unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law-business, criminal procedure, and family law. After examining different theories and surveying the research about judicial selection, this comparative study of policies in six states-Connecticut, New Jersey, Pennsylvania, Rhode Island, Virginia, West Virginia-challenges current assumptions. The author finds that appointed judges prefer the interests of the individual over those of the state in criminal-procedure cases and are the most innovative in business law; that elected judges prefer the interests of the state over the individual; and that legislatively selected judges acquiesce to the policy preferences of other branches of government and are the most inactive in terms of policy initiation. For students and teachers in law, political science, and history; for lawyers and judges; for interest groups concerned about state policy; and for policymakers and other professionals concerned with American government and public administration.

目次

Illustrations Acknowledgments Introduction Review of Prior Literature Methodology An Overview of the Six States and Their Supreme Courts Business-Law Policies Criminal-Procedure Policies Family-Law Policies Conclusions and Musings Appendix A: Findings Appendix B: Alternative Explanations Appendix C: Compendium of Rejected Policies Bibliography Table of Cases Index

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