Research handbook on law and courts / edited by Susan M. Sterett, Lee Demetrius Walker

Format:

Book

Contributor:

Sterett, Susan M., editor.

Sterett, Susan Marie, editor.

Demetrius, Lee, editor.

Series:

Research handbooks in law and politics

Language:

English

Subjects (All):

Courts.

Judicial power.

Physical Description:

1 online resource (xiii, 490 pages).

Place of Publication:

Northampton : Edward Elgar Publishing, 2019.

Summary:

"This comprehensive Research Handbook offers a multi-faceted analysis of the politics of law and courts and their role in governing. The authors develop new theoretical, empirical and methodological approaches to the study of law and courts as institutions, while accounting for the increasing diversity and complexity of the jurisdictions they oversee. The Research Handbook on Law and Courts features contributions from leading scholars in the United States, New Zealand, South Africa, Latin America and a number of European countries, enriching the scope of theoretical development in the field and identifying areas for future research. Chapters address courts' centrality to governance by explaining how they participate in holding democratic administrations politically accountable, as well as by highlighting the political significance of court decisions concerning citizenship and inclusion. Chapters include studies of interactions between legal arguments, courts and other institutions that rely on law, as well as reflections on the physical and digital spaces of law. This volume also examines demographic diversity in judging before concluding with discussions of increasing digitization and computing power, and the significance of both for legal processes and sociolegal scholarship. Scholars concerned with courts and political accountability in complex, multi-layered governance will find this Research Handbook an invaluable resource. Since courts and legal structures are increasingly significant around the world, the Research Handbook will also be useful to other social scientists concerned with inclusion, representation, and accountability through law"-- Provided by publisher.

Contents:

Contents: Introduction to the research handbook on law and courts / Susan Sterett and Lee Walker

Part I: Courts and political accountability

1. International tribunals and political accountability / James Meernik

2. Degrees of separation: judicial-executive relations in the us and Latin America / Gbemende Johnson

3. Comparing the significance of war to high courts of the USA, UK, and Canada / Susanne Schorpp

4. Drug policy, violence, and support for the judiciary in Latin America: the "drug trafficking trap" / Aldo F. Ponce

5. Law, courts and populism: climate change litigation and the narrative turn / Chris Hilson

6. Courts and transformative constitutionalism: insights from South Africa / Anthony Diala

Part II: Judicial process

7. Independence in judicial hierarchies: civil law systems / Julio Rios-Figueroa

8. The use of precedent in U.S. Supreme court litigant briefs / Jessica A. Schoeneherr and Ryan C. Black

9. Challenging authorities' (in)action via amparos / Lydia Brashear Tiede and Susan Achury

10. Accountability, authority and documentary fragility: shadow files and trial in India / Mayur Suresh

11. Court architecture and the justice system / Peter Robson, Patrícia Branco and Johnny Rodger

12. Institutional norms, parliament, and the courts: explaining the absence of abortion restrictions in Canada / Jonathan Parent

Part III: Diversity

13. Gender on the international bench / Laura P. Moyer

14. Appointing women to high courts / Maria Escobar-Lemmon, Valerie Hoekstra, Alice J. Kang, and Mikki Caul Kittilson

15. Judicial service commissions and the appointment of women to high courts in Nigeria and Zambia / Jarpa J. Dawuni and Tabeth Masengu

16. Judicial diversity in the United States federal judiciary / Taneshia N. Means, Kaitlin Prado, and Andrew Eslich

17. The gender and judging project: equity in Germany / Ulrike Schultz

Part IV: Sub-national courts

18. Power, activation, decision making, and impact: Subnational judicial politics in Brazil / Luciano Da Ros and Matthew C. Ingram

19. Understanding the determinants of opinion language borrowing in state courts in the United States / Jennifer Bowie and Elisha C. Savchak

20. State high courts and precedent: the diffusion of precedent in the United States / Ben Kassow

21. Letting the outside in? Court clerks, discretion and the shifting boundary between community and court in domestic violence cases in South Africa / Kelley Moult

22. When do the losers win? Appellate court reversals of civil jury verdicts / Tao Dumas

23. Creating space for supranational law: environmental legal mobilization and Spanish NGOs / Luz Muñoz and David Moya

Part V: Courts, inclusion, and belonging

24. Patrolling the boundaries of belonging? Courts, law, and citizenship / Lisa Conant, Andreas Hofmann, Dagmar Soennecken, and Lisa Vanhala

25. Conflicts in indigenous law: courts and federalism in the United States and common law nations / Rebecca A. Reid and Todd A. Curry

26. Implicit and explicit boundaries of belonging: indigenous and minority identities / Kati Nieminen

27. Domestic legal institutions and international law: the UN women's rights treaty and the Netherlands / Audrey L. Comstock

Part VI: Digitalization of law and courts research

28. Creating digital legal subjects: the use of online criminal court records for research / Sarah E. Lageson

29. All your data will be held against you: secondary use of data from personal genomics & wearable tech / Andelka M. Phillips

30. Data infrastructure innovation in the field of law and courts: the European court of human rights database (ECHRDB) / Elizabeth Chrun and Rachel Cichowski

31. 'Text as data' in law and courts: data coding, language clarity, and data sharing / Justin Wedeking

32. Creating databases in sociolegal research: the U.S. Supreme court confirmation hearings database / Paul M. Collins, Jr. and Lori A. Ringhand

Index.

Notes:

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-78811-320-9