Making law and courts research relevant : the normative implications of empirical research

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Where to find it

Law Library — 2nd Floor Collection (2nd floor)

Call Number
KF389 .M35 2015
Status
Available

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Summary

One of the more enduring topics of concern for empirically-oriented scholars of law and courts--and political scientists more generally--is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years.

Brandon L. Bartels and Chris W. Bonneau argue that being attuned to the normative implications of one's work enhances the quality of empirical work, not to mention makes it substantially more interesting to both academics and non-academic practitioners. Their book's mission is to examine how the normative implications of empirical work in law and courts can be more visible and relevant to audiences beyond academia. Written by scholars of political science, law, and sociology, the chapters in the volume offer ideas on a methodology for communicating normative implications in a balanced, nuanced, and modest manner. The contributors argue that if empirical work is strongly suggestive of certain policy or institutional changes, scholars should make those implications known so that information can be diffused. The volume consists of four sections that respectively address the general enterprise of developing normative implications of empirical research, law and decisionmaking, judicial selection, and courts in the broader political and societal context.

This volume represents the start of a conversation on the topic of how the normative implications of empirical research in law and courts can be made more visible. This book will primarily interest scholars of law and courts, as well as students of judicial politics. Other subfields of political science engaging in empirical research will also find the suggestions made in the book relevant.

Contents

  • Part I The Enterprise of Normative Implications of Empirical Research
  • Chapter 1 The Normative Implications of Empirical Research: A Research Agenda Chris W. Bonneau and Brandon L. Bartels
  • Chapter 2 Some Ideas on How Political Scientists Can Develop Real World Implications from Their Research (Without Becoming Policy Wonks or Law Professors) Lee Epstein and Jack Knight and Andrew D. Martin
  • Part II Law and Decisionmaking
  • Chapter 3 The Rule of Law as a Law of Rules Barry Friedman
  • Chapter 4 Judicial Behavior and Judicial Review Lawrence Baum
  • Chapter 5 On Substance and Rhetoric in Constitutional Law Jamal Greene
  • Chapter 6 The Role of Courts in the Policymaking Process Ian Turner
  • Chapter 7 White Lies: Social Science Research, Judicial Decision-Making and the Fallacy of Objectivity Wendy Moore
  • Part III Judicial Selection
  • Chapter 8 Advice and Consent in a Polarized Era: Time to Pull a Normative Alarm? Sarah A. Binder
  • Chapter 9 The Different Manifestations of Representative Drift on U.S. State and Federal Courts Justine D'Elia and Jeffrey A. Segal
  • Chapter 10 The Use and Abuse of Empirical Evidence in Support of Normative Arguments on Judicial Selection Charles Gardner Geyh and Anita Foss
  • Chapter 11 Bridging the Gap Between Science and Politics: Lessons From The Judicial Elections Controversy Melinda Gann Hall
  • Chapter 12 Unpacking the Debate on Judicial Appointments Outside the United States: What Research Might Be Able to Contribute to the Normative Conversation Lori Hausegger and Troy Riddell
  • Part IV Courts in the Broader Political and Societal Context
  • Chapter 13 The Normative Element of Legitimacy David Klein
  • Chapter 14 Can the U.S. Supreme Court Have Too Much Legitimacy? James L. Gibson and Michael Nelson
  • Chapter 15 Government Noncompliance with Constitutional Court Orders in South Africa David Hausman
  • Chapter 16 Race and Legitimacy for the Federal Courts Nancy Scherer
  • Chapter 17 Day-to-Day Legitimacy: First Instance Forums Broadly Construed Herbert M. Kritzer
  • Part V Conclusion
  • Chapter 18 Can Empirical Research Be Relevant to the Policy Process? Understanding the Obstacles and Exploiting the Opportunities Brandon L. Bartels and Chris W. Bonneau

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