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Persuading the Supreme Court
by
Morgan L. W. Hazelton
, Rachael K. Hinkle
in
Courts
/ Judicial process
/ Judicial process-United States
/ LAW
/ Legal briefs
/ Legal Writing
/ United States
/ United States. Supreme Court
2022
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Do you wish to request the book?
Persuading the Supreme Court
by
Morgan L. W. Hazelton
, Rachael K. Hinkle
in
Courts
/ Judicial process
/ Judicial process-United States
/ LAW
/ Legal briefs
/ Legal Writing
/ United States
/ United States. Supreme Court
2022
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eBook
Persuading the Supreme Court
2022
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Overview
Each year the public, media, and government wait in anticipation
for the Supreme Court to announce major decisions. These opinions
have shaped legal policy in areas as important as healthcare,
marriage, abortion, and immigration. It is not surprising that
parties and outside individuals and interest groups invest an
estimated $25 million to $50 million a year to produce roughly one
thousand amicus briefs to communicate information to the justices,
seeking to impact these rulings. Despite the importance of the
Court and the information it receives, many questions remain
unanswered regarding the production of such information and its
relationship to the Court's decisions. Persuading the Supreme Court
leverages the very written arguments submitted to the Court to shed
light on both their construction and impact.
Drawing on more than 25,000 party and amicus briefs led between
1984 and 2015 and the text of the related court opinions, as well
as interviews with former Supreme Court clerks and attorneys who
have prepared and led briefs before the Supreme Court, Morgan
Hazelton and Rachael Hinkle have shed light on one of the more
mysterious and consequential features of Supreme Court
decision-making. Persuading the Supreme Court offers new evidence
that the resource advantage enjoyed by some parties likely stems
from both the ability of their experienced attorneys to craft
excellent briefs and their reputations with the justices. The
analyses also reveal that information operates differently in terms
of influencing who wins and what policy is announced.
Using those original interviews and quantitative analyses of a
rich original dataset of tens of thousands of briefs, with measures
built using sophisticated natural language processing tools,
Hazelton and Hinkle investigate the factors that influence what
information litigants and their attorneys provide to the Supreme
Court and what the justices and their clerks do with that
information in deciding cases that set legal policy for the entire
country.
Publisher
University Press of Kansas
Subject
ISBN
0700633634, 9780700633630, 9780700633647, 0700633642
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