The Judicial Tug of War

How Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary

The Judicial Tug of War
Adam Bonica, Maya Sen
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Hardback
h234 x 159mm - 334pg
17 Dec 2020 UK
International import eta 7-19 days
9781108841368
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Why have conservatives decried ' activist judges' ? And why have liberals - and America' s powerful legal establishment - emphasized qualifications and experience over ideology? This transformative text tackles these questions with a new framework for thinking about the nation' s courts, ' the judicial tug of war' , which not only explains current political clashes over America' s courts, but also powerfully predicts the composition of courts moving forward. As the text demonstrates through novel quantitative analyses, a greater ideological rift between politicians and legal elites leads politicians to adopt measures that put ideology and politics front and center - for example, judicial elections. On the other hand, ideological closeness between politicians and the legal establishment leads legal elites to have significant influence on the selection of judges. Ultimately, the judicial tug of war makes one point clear: for good or bad, politics are critical to how judges are selected and whose interests they ultimately represent.
' This impressive book explains how demographic and ideological trends have triggered political battles over the powers and composition of courts in the United States. With their sophisticated exploitation of massive data sets, the authors set a new standard for empirical research of the judiciary. ' Eric Posner, University of Chicago ' Proceeding from an original premise about the tug of war between the legal establishment and political elites over the courts, Bonica and Sen provide compelling, evidence-based answers to some of the most pressing questions of our time: why partisan conflicts arise over the judiciary, what they mean for the development of the law, and what the future holds. Elegantly written and chock full of interesting facts, The Judicial Tug of War merits attention in academic, legal, and policy circles. ' Lee Epstein, Washington University, St. Louis ' Since federal judges have life tenure, the contours and composition of America' s judiciary will be the most enduring result of our fraught political moment. This fascinating book to help us navigate ideological battles over the courts - a war which will only intensify after the 2020 election- and adds the legal profession as a little-understood player to the analytical mix. If there aren' t enough reasons to be wary of lawyers, Bonica and Sen provide another: in a system designed to put judges above politics and remain free of partisanship, lawyers seem to wield undue influence on who ends up wearing the robes and what decisions they make once seated. ' Steven Mazie, The Economist
Adam Bonica is Associate Professor in the Department of Political Science at Stanford University. Maya Sen is Professor of Public Policy at Harvard University' s John F. Kennedy School of Government.
Status: Active
ISBN-13: 9781108841368
Published: 17 Dec 2020
Published In: United Kingdom
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Format: Hardback
Height: 234mm
Width: 159mm
Spine: 22mm
Weight: 610g
Pages: 334

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