Rule of Law
Spring
2024
American
Rule of Law with Josh Strayhorn
Week 1: Introduction
Week 2: Courts and the Rule of Law
Carothers, Thomas. 1998. “The Rule of Law Revival”, Foreign Affairs
Waldron, Jeremy. 2011. “The Rule of Law and the Importance of Procedure,” Nomos
Weingast, Barry. 1997. “The Political Foundations of Democracy and the Rule of Law”, American Political Science Review
Shaprio, Martin. 1981. Courts: A Comparative and Political Analysis, Ch. 1
Week 3: Judicial Independence
North, Douglass, and Barry Weingast. 1989. “Constitutions and Commitment: The Evolution of Institutions Governing Public Choice in Seventeenth-Century England”, Journal of Economic History
Ferejohn, John. 1999. “Independent Judges, Dependent Judiciary: Explaining Judicial Independence”, Southern California Law Review
Feld, Lars and Stefan Voigt. 2003. “Economic Growth and Judicial Independence: Cross Country Evidence Using a New Set of Indicators”, CESifo Working Paper
Melton, James and Tom Ginsburg. 2014. “Does De Jure Judicial Independence Really Matter?” Journal of Law and Courts
Gibler, Doug and Kirk Randazzo. 2011. “Testing the Effects of Independent Judiciaries on the Likelihood of Democratic Backsliding”, American Journal of Political Science
Week 4: Judicial Review
Dahl, Robert. 1957. “Decision-Making in a Democracy: The Supreme Court as National Policy Maker”, Journal of Public Law
Vanberg, Georg. 2005. The Politics of Constitutional Review in Germany, Chs. 2, 4
Chapter 2:
Chapter 4:
Clark, Tom. 2009. “The Separation of Powers, Court Curbing, and Judicial Legitimacy”, American Journal of Political Science
Whittington, Keith. 2005. “Interpose Your Friendly Hand: Political Supports for the Exercise of Judicial Review by the United States Supreme Court”, American Political Science Review
Hall, Matthew and Joseph Ura. 2015. “Judicial Majoritarianism”, Journal of Politics
Week 5: Supreme Court Behavior
Rohde, David and Harold Spaeth. 1975. Supreme Court Decision Making, Chs. 4, 7
Chapter 4:
Chapter 7 part 1:
Chapter 7 part 2:
Segal, Jeffrey and Harold Spaeth. 2002. The Supreme Court and the Attitudinal Model Revisited, Chs. 3, 7, 8 (Selected portions)
Chapter 3:
Chapter 7 (part):
Chapter 8 (part):
Maltzman, Forrest, Jim Spriggs and Paul Wahlbeck. 2000. Crafting Law on the Supreme Court: The Collegial Game, Chs. 4-5
Chapter 4 part 1:
Chapter 4 part 2:
Chapter 5:
Bailey, Michael. 2013. “Is Todays Court the Most Conservative in Sixty Years? Challenges and Opportunities in Measuring Judicial Preferences”, Journal of Politics
Caldeira, Gregory and Jack Wright. 1988. “Organized Interests and Agenda Setting in the US Supreme Court”, American Political Science Review
Perry, H.W. 1991. Deciding to Decide, Ch. 8.
Week 6: Can Courts Be Effective Policymakers?
Rosenberg, Gerald. 1991. The Hollow Hope, Chs. 1-2. 4
Chapter 1:
Chapter 2:
Chapter 4:
Zemans, Frances Kahn. 1983. “Legal Mobilization: The Neglected Role of the Law in the Political System,” American Political Science Review
McCann, Michael. 1994. Rights at Work. Chs. 1,3
Chapter 1:
Chapter 3:
Epp, Charles. 1998. The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective, Chs 1-2, 6.
Hall, Matthew. 2010. The Nature of Supreme Court Power, Chs. 3, 5, 7 (portions)
Chapter 3:
Chapter 5:
Chapter 7:
Week 7: Are Judges Constrained by the Law?
Posner, Richard. 1990. “The Problems of Jurisprudence”, Ch. 1
Edwards, Harry. 2003. “The Effects of Collegiality on Judicial Decisionmaking”, University of Pennsylvania Law Review
Bailey, Michael and Forrest Maltzman. 2008. “Does Legal Doctrine Matter? Unpacking Law and Policy Preferences on the U.S. Supreme Court” American Political Science Review
Bartels, Brandon. 2009. “The Constraining Capacity of Legal Doctrine on the U.S. Supreme Court”, American Political Science Review
Richards, Mark and Herbert Kritzer. 2002. “Jurisprudential Regimes in Supreme Court Decision Making”, American Political Science Review
Bartels, Brandon and Andrew O’Geen. 2015. “The Nature of Legal Change on the U.S. Supreme Court: Jurisprudential Regimes Theory and Its Alternatives”, American Journal of Political Science
Week 8: Public Legitimacy and its Origins
Gibson, Jim, Greg Caldeira, and Lester Kenyatta Spence. 2003. “Measuring Attitudes Toward the U.S. Supreme Court,” American Journal of Political Science
Baird, Vanessa. 2001 “Building Institutional Legitimacy: The Role of Procedural Justice”, Political Research Quarterly
Carrubba, Cliff. 2009. “A Model of the Endogenous Development of Judicial Institutions in Federal and International Systems”, Journal of Politics
Staton, Jeff. 2006. “Constitutional Review and the Selective Promotion of Case Results”, American Journal of Political Science
Bartels, Brandon and Eric Kramon. 2020. “Does Public Support for Judicial Power Depend on Who is in Political Power? Testing a Theory of Partisan Alignment in Africa,” American Political Science Review
Week 9: Dynamics of Public Opinion and Supreme Court Decision making
Giles, Michael, Bethany Blackstone, and Rich Vining. 2008. “The Supreme Court in American Democracy: Unraveling the Linkages between Public Opinion and Judicial Decision Making”, Journal of Politics
Gibson, Jim, Greg Caldeira, and Lester Kenyatta Spence. 2003. “The Supreme Court and the US Presidential Election of 2000: Wounds, Self-Inflicted or Otherwise?” British Journal of Political Science
Bartels, Brandon and Christopher Johnson. 2013. “On the Ideological Foundations of Supreme Court Legitimacy in the American Public”, American Journal of Political Science
Gibson, Jim and Michael Nelson. 2015. “Is the U.S. Supreme Court’s Legitimacy Grounded in Performance Satisfaction and Ideology?” American Journal of Political Science
Bartels, Brandon. 2020. Curbing the Court: Why the Public Constrains Judicial Independence, Ch. 3
Week 10: Public Opinion and the Court in a Polarized Era
Christenson, Dino and David Glick. 2019. “Reassessing the Supreme Court: How Decisions and Negativity Bias Affecting Legitimacy”, Political Research Quarterly
Bartels, Brandon. 2020. Curbing the Court: Why the Public Constrains Judicial Independence, Chs. 6-7
Chapter 6:
Chapter 7:
Driscoll, Amanda and Michael Nelson. 2023. “The Cost of Court Curbing: Evidence from the United States,” Journal of Politics
Gibson, Jim. n.d. “Losing Legitimacy: The Challenges of the Dobbs Ruling to Conventional Legitimacy Theory,” Working Paper
Strayhorn, Josh. n.d. “Judicial Legitimacy and the Dynamics of Belief Formation,” Working Paper.
Week 11: NO CLASS (Spring Break)
Week 12: Separation of Powers Constraints
Ramseyer, J. Mark and Eric Rasmusen. 2001. “Why are Japanese Judges So Conservative in Politically Charged Cases?” American Political Science Review
Harvey, Anna and Barry Friedman. 2006. “Pulling Punches: Congressional Constraints on the Supreme Court’s Constitutional Ruling, 1987-2000”, Legislative Studies Quarterly
Owens, Ryan. 2010. “The Separation of Powers and Supreme Court Agenda Setting”, American Journal of Political Science
Segal, Jeff, Chad Westerland and Stef Lindquist. 2011. “Congress, the Supreme Court and Judicial Review: Testing a Constitutional Separation of Powers Model”, American Journal of Political Science
Hall, Matthew. 2014. “The Semiconstrained Court: Public Opinion, the Separation of Powers, and the U.S. Supreme Court’s Fear of Nonimplementation”, American Journal of Political Science
Week 13: Judicial Hierarchy
Cameron, Chuck, Jeff Segal and Donald Songer. 2000. “Strategic Auditing in a Political Hierarchy: An Informational Model of the Supreme Court’s Certiorari Decisions”, American Political Science Review
Stefanie Lindquist, Susan Haire, and Donald Songer. 2007. “Supreme Court Auditing of the US Courts of Appeals: An Organizational Perspective”, Journal of Public Administrative Research and Theory
Kastellec, Jon. 2011. “Hierarchical and Collegial Politics on the U.S. Courts of Appeals”, Journal of Politics
Beim, Deborah. 2017. “Learning in the Judicial Hierarchy”, Journal of Politics
Strayhorn, Josh. 2023. “Lower Courts in Interbranch Conflict”, Journal of Law and Courts
Week 14: Judicial Selection
Cameron, Chuck and Jon Kastellec. 2016. “Are Supreme Court Nominations a Move-the-Median Game?” American Political Science Review
Cameron, Chuck and Jon Kastellec. n.d. “Simulating the Future Ideological Composition of the Supreme Court” Working Paper
Geyh, Charles. 2003. “Why Judicial Elections Stink”, Ohio State Law Journal
Canes-Wrone, Brandice, Tom Clark, and Amy Semet. 2018. “Judicial Elections, Public Opinion, and Decisions on Lower-Salience Issues”, Journal of Empirical Legal Studies
Arrington, Nancy, et al. 2021. “Constitutional Reform and the Gender Diversification of Peak Courts,” American Political Science Review
Week 15: Wrap-up/Final Thoughts
Citation
BibTeX citation:
@online{neilon2024,
author = {Neilon, Stone},
title = {Rule of {Law}},
date = {2024-05-15},
url = {https://stoneneilon.github.io/notes/Rule_of_Law/},
langid = {en}
}
For attribution, please cite this work as:
Neilon, Stone. 2024. “Rule of Law.” May 15, 2024. https://stoneneilon.github.io/notes/Rule_of_Law/.