Oral Argument and Amicus Curiae 1st Edition by Matthew Roberts ISBN 978-1593324667 1593324669
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Product details:
ISBN 10: 1593324669
ISBN 13: 978-1593324667
Author: Matthew M.C. Roberts
Members of the Supreme Court are supposed to base decisions on the law, but often their choices are better explained by political ideology and party loyalty. Roberts sheds light on this problem by looking at a part of the Court’s life that has never been systematically studied. Most cases feature extra briefs written by third parties known as amici curiae. He examines the rare occasions on which the Court allows these extra groups to participate not just by filing briefs but by appearing before the Court during oral arguments. By tracing how these groups influence the justices’ behavior, Roberts presents a strong case that the Court is driven by more than politics.
Table of contents:
Chapter 1: Listening to Friends
A Tale of Two Cases
Louisiana
Washington
A Study in Contrasts
The Amicus Curiae
Friend or Foe?
Oral Arguments
Connecting the Dots
Chapter 2: Amici: Who and When
Case Demographics
Personnel Factors
Data and Methods
The Role of Experience
Oral Amici: A Qualitative Look
Mobil Oil Corporation v. Commissioner of Taxes of Vermont
Village of Schaumburg v. Citizens for a Better Environment et al.
McLain et al. v. Real Estate Board of New Orleans et al.
Lessons to be Learned
Conclusion
Chapter 3: Influence on Case Outcomes
The Vote on the Merits
Data and Methods
Results
Oral Amici and Court Opinions
Data from Cases with Oral Amici
Discussion
Conclusion
Chapter 4: Conclusions and Implications
A Review of the Findings
Improving the research
What it all Means
Adding versus repeating information
Uniting the Literature
Oral Amici and the Swing Voter
Understanding swing voters
What difference does it make?
The impact of swings, writ large
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Tags: Matthew Roberts, Oral Argument, Amicus Curiae