The Locator -- [(subject = "Judicial process--United States")]

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03463aam a2200397 i 4500
001 ADB4D97A1E3F11EAA58222FC96128E48
003 SILO
005 20191214010106
008 181003s2019    miua     b    001 1 eng c
020    $a 0472131362
020    $a 9780472131365
035    $a (OCoLC)1055263142
040    $a YDX $b eng $e rda $c YDX $d BDX $d OCLCQ $d CDX $d HVL $d OCLCF $d GUL $d WLL $d GUA $d CLU $d RCJ $d IaU-L $d SILO
042    $a pcc
043    $a n-us---
050  4 $a KF8748 $b .H55 2019
082 04 $a 347.73/26 $2 23
100 1  $a Hitt, Matthew P., $d 1985- $e author.
245 10 $a Inconsistency and indecision in the United States Supreme Court / $c Matthew P. Hitt.
264  1 $a Ann Arbor : $b University of Michigan Press, $c 2019.
300    $a xxv, 207 pages : $b illustrations ; $c 24 cm
504    $a Includes bibliographical references (pages 188-200) and index.
505 0  $a Measuring unreasoned judgments -- The emergence of unreasoned judgments in individual cases -- The Supreme Court's evolution away from unreasoned judgment -- The deference shown to unreasoned precedents -- Does Congress curb an inconsistent court? -- Unreasoned judgment and public support for the U.S. Supreme Court -- Do we need a new "inferior" court?
520    $a "The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation"--Back cover.
650  0 $a Judicial process $z United States.
610 10 $a United States. $b Supreme Court.
650  0 $a Law $z United States $x Methodology.
650  0 $a Law $x Political aspects.
650  0 $a Stare decisis $z United States.
610 17 $a United States. $b Supreme Court. $2 fast $0 (OCoLC)fst00529481
650  7 $a Judicial process. $2 fast $0 (OCoLC)fst00984705
650  7 $a Law $x Political aspects. $2 fast $0 (OCoLC)fst00993795
651  7 $a United States. $2 fast $0 (OCoLC)fst01204155
941    $a 1
952    $l OVUX522 $d 20200318011834.0
956    $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=ADB4D97A1E3F11EAA58222FC96128E48

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