Amici Curiae and Strategic Behavior in State Supreme Courts by Scott A. Comparato

By Scott A. Comparato

Applying strategic techniques to either curiosity teams as amici curiae and kingdom superb court docket justices, Comparato investigates the effect of judicial retention equipment and the poll initiative on their behaivor. the consequences show that they behave strategically, trying to in attaining their objectives in the confines of the institutional setting.

What influence do state-level associations have at the habit of kingdom ideal courtroom justices and curiosity teams partaking as amici curiae in these courts? particularly, is the knowledge supplied via curiosity teams conditioned at the judicial retention approach, or even if the kingdom makes use of the poll initiative, and does that info impression the decision-making means of the justices? Comparato solutions those questions by means of applying strategic theories of judicial and team habit, with teams influenced through the attainment of coverage and team upkeep, and country superb courtroom justices encouraged through coverage and the continuing upkeep in their place at the courtroom. He argues that the data supplied in amicus curiae briefs permits either teams and country ultimate courtroom justices to accomplish their respective goals.

In order to reply to those questions, Comparto analyzes litigant and amicus curiae briefs in addition to judicial judgements from seven kingdom ultimate courts to judge the results of state-level associations at the forms of details supplied to kingdom ultimate courtroom justices, and the way these justices reply to that details. the implications recommend that curiosity teams do behave strategically, offering info to justices that they think should be worthy in supporting the justices preserve their seats at the courtroom and accomplish their wanted coverage results. there's additionally help for the expectancy that the knowledge supplied through litigants and amici, in addition to the retention approach, have an instantaneous influence at the decision-making of justices.

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