Cover

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Frontmatter

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Contents

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p. vii

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Preface

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pp. ix-xi

On June 29, 1992, I finally realized how little I understood about judicial behavior. That realization had been a long time in coming. As a young student of the courts in the early 1970s, I thought I had a very good explanation of judicial behavior-or at least of Supreme Court behavior. Presidents appointed justices on the basis of their policy ...

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Acknowledgments

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pp. xiii-xiv

In writing this book I accumulated more than the usual number of debts to professional colleagues. First of all, a number of scholars provided very useful ideas and suggestions that helped me in the project. I appreciate the comments on draft chapters of the book and on related papers and presentations by James Brudney, Daniel

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Chapter 1. General Perspectives

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pp. 1-22

Harold Baer, a federal district judge in New York City, ruled that the cocaine seized from a car was inadmissible as evidence against a criminal defendant. The decision and Baer himself were attacked by everyone from editorial writers to the president. Though he was protected by a life term, Baer retreated and reversed his decision (Goshko and Reckler 1996). ...

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Chapter 2. Legal Policy and Other Goals

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pp. 23-56

According to James March (1956, 534), "it is probably true to say that judges correspond with, more than they differ from, people."} If so, most judges want a great many things, from high income to popularity to short working hours. But people give higher priorities to some goals than to others, and they differ in their priorities. ...

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Chapter 3. Law and Policy

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pp. 57-88

The study of judicial behavior in political science is rooted in skepticism about the theory of judging reflected in those three statements. For several decades, political scientists have agreed on the proposition that judges do more than apply the law, that their conceptions of good policy influence their choices. But scholars have ...

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Chapter 4. Strategic Behavior

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pp. 89-124

Without question, most judges have an interest in making good policy. Indeed, that interest may well be the dominant motivation for many. But what does it mean to make good policy? Policy minded judges might simply take the positions that accord most closely with their conceptions of good policy. Or they might act ...

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Chapter 5. Looking to the Future

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pp. 125-150

In the last three chapters, I assessed the state of knowledge on three broad issues concerning judicial behavior. This chapter considers the implications of those assessments. The first section discusses how much we know about judicial behavior and why we do not know more. The rest of the chapter examines directions that ...

References

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pp. 151-200

Name Index

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pp. 201-210

Subject and Case Index

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pp. 211-215