John Andrew Frey - Policy Making in State Supreme Courts

Lopeman examines the impact advocacy of intentional judicial activism by a justice of a state supreme court can have on establishing the court as a policy maker. He examines the attitudinal model and the judicial role model of decision making and concludes that, while the attitudinal model might describe the decision-making process in the U.S. Supreme Court, the judicial role model better describes decision making in state supreme courts. This judicial role model allows the activist to transform a court into a policy maker.

The traditions, recent history, and biographies of recent justices of the Indiana, West Virginia, and Ohio courts are examined to establish a significant relationship between the presence of an activist advocate justice and active policy making by the courts. These courts' decisions in cases with policy making potential are contrasted with decisions in similar cases of three state supreme courts that did not have an advocate justice. Lopeman argues that the presence of an activist advocate explains a court's transformation to active policy making, and that other apparent explanations are insufficient. He emphasizes that the motives of an activist advocate are likely to determine the permanence of policy making in the court. This volume is an important resource for political scientists, legal scholars, and other researchers involved with judicial decision making, state politics, and state constitutional law.

List of contents

Preface
Judicial Policy Making: An Overview
Indiana
West Virginia
Ohio
Idaho, Florida, and Pennsylvania
Comparisons and Conclusions
Bibliographic Essay
Index

About the author

CHARLES S. LOPEMAN is Assistant Professor of Political Science at the State University of West Georgia./e Prior to his career in teaching, Professor Lopeman served as a practicing attorney and government official.

Product details

• Authors: Charles Lopeman, Charles S. Lopeman, Charles S. Lopman
• Publisher: Bloomsbury
• Languages: English
• Product format: Hardback
• Released: 30.10.1999
• EAN: 9780275964559
• ISBN: 978-0-275-96455-9
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; USA, LAW / General Practice, LAW / Courts, LAW / Constitutional, LAW / Civil Law, LAW / Trial Practice, United States of America, USA, Private or civil law: general, Courts & procedure, Legal systems: courts and procedures, Constitutional & administrative law, Constitutional and administrative law: general, Legal skills: advocacy, Private / Civil law: general works, Advocacy, Politics, Law, and Government: Law