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** PDF Download The Limits of Judicial Independence (Political Economy of Institutions and Decisions), by Tom S. Clark

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The Limits of Judicial Independence (Political Economy of Institutions and Decisions), by Tom S. Clark

The Limits of Judicial Independence (Political Economy of Institutions and Decisions), by Tom S. Clark



The Limits of Judicial Independence (Political Economy of Institutions and Decisions), by Tom S. Clark

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The Limits of Judicial Independence (Political Economy of Institutions and Decisions), by Tom S. Clark

This book investigates the causes and consequences of congressional attacks on the U.S. Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, as well as existing research, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward, and judicial decisions. This evidence demonstrates that Court-curbing is driven primarily by public opposition to the Court, and that the Court responds to those proposals by engaging in self-restraint and moderating its decisions.

  • Sales Rank: #1348126 in Books
  • Published on: 2010-11-22
  • Original language: English
  • Number of items: 1
  • Dimensions: 8.98" h x .79" w x 5.98" l, 1.05 pounds
  • Binding: Paperback
  • 356 pages

Review
"Tom Clark's The Limits of Judicial Independence goes behind the shopworn phrases about an independent judiciary to ask how responsive the Supreme Court is to Congress, attacks on the courts, and the general public. Clark finds indisputable links between what the justices do and how the audience for the Court's work-product is responding. This is a remarkably comprehensive study - easily the best to date - and has something to offer all students of the Supreme Court and judicial politics."
-Barry Friedman, New York University School of Law

"Tom Clark provides us with a scholarly tour de force on the question of the Supreme Court's independence from outside political pressure. Marshalling a century-long data set of court-curbing legislation (an impressive feat in its own right), Clark tests his theory that the Court responds to public opinion as mediated by court-curbing legislation introduced in Congress. Clark's results provide the best evidence to date that the U.S. Supreme Court responds systematically to external political pressure."
-James R. Rogers, Texas A & M University

"Judges and legal scholars often speak of the Supreme Court's need to preserve its legitimacy, but also of the Court's independence from political influence. Tom Clark's analysis shows that the justices appear to take the mere introduction of court-curbing legislation as a signal that it is losing support, and respond to rebuild their legitimacy. Clark's arguments provide a novel and thought-provoking perspective on issues of interest to students of the Supreme Court and the political system."
-Mark Tushnet, Harvard Law School

"Tom Clark's The Limits of Judicial Independence marks an important contribution to our understanding of the complex relationships between the Supreme Court, Congress, and the public at large. Drawing on recent theoretical developments, Clark offers a provocative account of court-curbing and its effects, and does so in a theoretically rigorous and empirically rich and sophisticated manner. This is not a book scholars can afford to ignore, and I expect it will generate a healthy debate."
-Georg Vanberg, University of North Carolina, Chapel Hill

About the Author
Tom S. Clark is Assistant Professor of Political Science at Emory University. His research interests include American judicial institutions and the interaction between courts and other political actors. His research has been published in numerous journals, including the American Journal of Political Science, the Journal of Politics, the Journal of Law, Economics and Organization, and the Journal of Theoretical Politics. His dissertation, on which this book is based, was awarded the 2009 Carl Albert Award for the Best Dissertation from the Legislative Studies Section of the American Political Science Association. Clark received his Ph.D. and MA from Princeton University and BA from Rutgers University.

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