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Supreme Court decision-making: new institutionalist approaches

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Judicial and Constitutional Studies American Constitutional Law and Politics Comparative constitutional jurisprudence studies

Abstract

What influences decisions of the US Supreme Court? For decades social scientists focused on the ideology of individual justices. This text moves beyond that focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements.

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2009The Logic of Appropriateness 2009Elaborating the “New Institutionalism”2007Deliberative Democracy and the Institutions of Judicial Review 2002Jurisprudential Regimes in Supreme Court Decision Making 2011When Organizations Rule: Judicial Deference to Institutionalized Employment Structures 2004Friends of the Court: Examining the Influence of Amicus Curiae Participation in U.S. Supreme Court Litigation 2001What's Law Got to Do with It? Judicial Behavioralists Test the “Legal Model” of Judicial Decision Making 2010Unifying the field of comparative judicial politics: towards a general theory of judicial behaviour

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