Survey research is in a state of crisis. People have become less willing to respond to polls and recent misses in critical elections have undermined the field's credibility. Pollsters have developed many tools for dealing with the new environment, an increasing number of which rely on risky opt-in samples. Virtually all of these tools require that respondents in each demographic category are a representative sample of all people in each demographic category, something that is unlikely to b...

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court.Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and ...

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet us...

What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them.The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues t...

There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the deve...

The Politics of Law is the most widely read critique of the nature and role of the law in American society. This revised edition continues the book's concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions.A unique assortment of leading scholars and practitioners in law and related disciplines-political science, economics, sociology, cri...

Political representation lies at the core of modern politics. Democracies, with their vast numbers of citizens, could not operate without representative institutions. Yet relations between the democratic ideal and the everyday practice of political representation have never been well defined and remain the subject of vigorous debate among historians, political theorists, lawyers, and citizens. In this volume, an eminent group of scholars move forward the debates about political representat...

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.

Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show tha...

The idea for this book arose out of a little known political scandal, known as "phonegate", that occurred in Minnesota in the early 1990's in which a number of legislators were found to have been abusing their phone privileges. The hubris of the legislature in response to the discovery of this abuse not only made me rather angry, but, since I had been called for jury duty the year before, gave me the idea that service in the legislature ought to be a duty of citizenship like jury duty. Alt...

One of the leading and most-read law journals adds a digital edition to its worldwide distribution. This current issue of the Stanford Law Review contains studies of law, economics, and social policy by scholars Ryan Scott (on sentencing disparity), Scott Hershovitz (what Harry Potter means to torts), Robert Cooter & Neil Siegel (collective federalism), and Brian Galle & Jonathan Klick (AMT tax).