15 results on '"Randazzo, Kirk"'
Search Results
2. Fluctuating Domestic Constraints: The Supreme Court and Executive Authority in U.S. Foreign Policy.
- Author
-
Morey, Daniel and Randazzo, Kirk
- Subjects
- *
COURTS , *INTERNATIONAL conflict , *INTERNATIONAL relations ,FOREIGN relations of the United States - Abstract
In the past few years the literature on international conflict and foreign policy has seen a renewed interest in systematically examining the role of domestic institutions. Yet, the revived interest has excluded the influence of national courts on the pol ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2009
3. Presidential Rhetoric and the Federal Judiciary: The Roots of Politicization.
- Author
-
Randazzo, Kirk A., Waterman, Richard W., and Kehrberg, Jason E.
- Subjects
- *
PRESIDENTS of the United States , *JUDGES , *IDEOLOGY - Abstract
The article presents a study which examined the influence of presidential rhetoric on the political environment in which American federal judges operate. A dataset of all presidential references to judges from 1789 through 1993 is utilized to ascertain judicial behavior. The study provides a frequency count of the number of statements about judges and a model on the influence of presidential rhetoric over the collective ideology of the U.S. Supreme Court.
- Published
- 2008
4. Statutory Constraint and the U.S. Supreme Court.
- Author
-
Randazzo, Kirk A. and Waterman, Richard W.
- Subjects
- *
JUDICIAL independence , *CIVIL rights , *LEGAL judgments - Abstract
The article examines whether political control of the U.S. Supreme Court is possible and, if so, whether judicial independence is simply a myth. It attempts to provide evidence that both the president and U.S. Congress have the capacity to control or at least influence the court. It argues that with regard to both civil rights and specific economic legislation, Congress has the ability not only to constrain justices, but also to further promote judicial decisions that align with their policy preferences.
- Published
- 2005
5. Statutory Constraint and the Federal Judiciary.
- Author
-
Randazzo, Kirk A., Waterman, Richard W., and Fine, Jeffrey A.
- Subjects
- *
JUDGES , *LEGISLATIVE bodies , *COURTS , *ORGANIZATIONAL sociology , *STATUTES - Abstract
Presents a study which examined the struggle between the legislative and judicial branches from a different perspective by focusing specifically on attempts by U.S. Congress to constrain the behavior of federal judges. Overview of previous research on legislative-judicial interactions; Analysis of principal agent relationships in political science; Research design and methodology used; Impact of statutory constraint and individual ideology on appointment of judges.
- Published
- 2004
- Full Text
- View/download PDF
6. Judicial Decision-making in U.S. Foreign Policy Litigation.
- Author
-
Randazzo, Kirk
- Subjects
- *
SEPTEMBER 11 Terrorist Attacks, 2001 , *TERRORISM , *LEGAL judgments , *DECISION making , *INTERNATIONAL relations - Abstract
The terrorist attacks of September 11, 2001, and subsequent actions by the Bush administration, remind us that the federal courts often are required to resolve questions of individual rights in lieu of foreign policy concerns. This paper explores judicial influences in foreign policy litigation across all three levels of the federal judiciary to determine whether judges systematically rule in favor of foreign affairs when confronted with civil liberties challenges. Using an original dataset of federal cases from 1946-2000, the paper provides evidence that the federal judiciary is extremely deferential to governmental authority in the conduct of foreign relations. While the federal judiciary is prone to support foreign policy interests, it is important to understand the conditions under which these judges will rule in favor of civil liberties claims. An important influence is the ideological preferences of judges. The empirical results indicate that more liberal judges -- as measured by partisan affiliations of the appointing president -- are more likely to render decisions in favor of civil liberties. This result holds for each level of the federal judiciary, although the results are more pronounced in the Supreme Court, less so for the Appeals Courts, and the weakest for District Courts. A second important influence involves the presence of a national security defense. The empirical data suggest that lower court judges are significantly affected by these situations; systematically ruling in favor of foreign affairs. However, Supreme Court justices do not respond in a similar fashion; the presence of a specific national security defense is not significantly related to judicial decisions. [ABSTRACT FROM AUTHOR]
- Published
- 2004
- Full Text
- View/download PDF
7. Shaping the Federal Courts: The Obama Nominees Shaping the Federal Courts: The Obama Nominees.
- Author
-
Kimel, T. J. and Randazzo, Kirk A.
- Subjects
- *
JUDICIAL selection & appointment , *UNITED States Supreme Court employees , *FEDERAL courts , *IDEOLOGY - Abstract
Objectives The objective of this study is to explore President Obama's nominations to the lower federal courts and compare his patterns to those from George W. Bush and William Jefferson Clinton using a typology established by Goldman in 1997. Methods Using data from 1993 to 2012 provided by the American Constitution Society for Law and Policy, we examine a series of cross-tabulations to make our comparisons. Results The data indicate that President Obama has nominated more women and minorities to the federal bench than either of his two immediate predecessors. Additionally, his nominees possess more moderate ideological preferences than the nominees from either Bush or Clinton. Conclusions These results demonstrate that Obama seems more concerned with racial and gender diversity rather than ideological preferences. Therefore, President Obama's claims of pragmatism and his desire to nominate individuals who reflect American society, often doubted by both political supporters and detractors, appear supported by the available data. [ABSTRACT FROM AUTHOR]
- Published
- 2012
- Full Text
- View/download PDF
8. State Supreme Courts and the Effects of Statutory Constraint: A Test of the Model of Contingent Discretion.
- Author
-
Randazzo, Kirk A., Waterman, Richard W., and Fix, Michael P.
- Subjects
- *
UNITED States appellate courts , *JUDGES , *POLITICAL questions & judicial power , *ATTITUDES of judges , *U.S. states ,STATE statutes (United States) - Abstract
Do state supreme court judges render decisions according to their ideological preferences, or are they constrained by the language of state statutes? Using data from the Judge-Level State Supreme Court Database, the authors analyze the votes of individual judges from 1995 to 1998 to determine whether their behavior is constrained by legislation. The results indicate that more detailed language (resulting in statutes with higher word counts) significantly limits the discretion afforded to liberal judges while simultaneously facilitating the ideological voting of their conservative colleagues. [ABSTRACT FROM PUBLISHER]
- Published
- 2011
- Full Text
- View/download PDF
9. THE U.S. SUPREME COURT AND THE MODEL OF CONTINGENT DISCRETION.
- Author
-
Randazzo, Kirk A. and Waterman, Richard W.
- Subjects
JUDICIAL discretion ,STATUTORY interpretation ,CONSTITUTIONAL law ,JUDICIAL power ,LEGAL judgments ,SEPARATION of powers - Abstract
Congress passes statutes defining particular areas of the law, but the Supreme Court can interpret those statutes. This tension over the meaning of the rule of law has profound implications for democratic theory and the separation of powers. Though scholars have examined whether the Supreme Court issues decisions against the preferences of Congress, there has been little focus on whether legislators can constrain the Court. Our study examines how much discretion Congress provides in statutes it enacts into law. Our basic argument is that ideological decision making by Supreme Court justices depends upon the level of discretion Congress incorporates into the law. The greater the discretion, the less constraint federal judges and justices will encounter, making them more likely to vote according to their individual ideologies. Conversely, more detailed statutes will reduce the judges' discretion. Using data on 1953-96 Supreme Court decisions, our analysis supports this model of contingent discretion. [ABSTRACT FROM AUTHOR]
- Published
- 2011
10. Strategic Anticipation and the Hierarchy of Justice in U.S. District Courts.
- Author
-
Randazzo, Kirk A.
- Subjects
- *
JUDICIAL process , *DECISION making , *PROBLEM solving , *FEDERAL courts , *APPELLATE courts ,UNITED States district courts - Abstract
Does the hierarchical relationship between the district courts and the courts of appeals influence decision making at the trial level? Do these judges anticipate responses by appellate panels and condition their decisions based on these expectations? Using a sample of district court cases from 1925 to 1996 that were subsequently reviewed by the courts of appeals, and incorporating a strategic choice statistical framework, I discover that the district courts are constrained by the anticipated responses of the appeals courts. However, this conclusion is not apparent if one analyzes the data using traditional maximum likelihood methods. Only when empirical analyses specifically model underlying strategic relationships does one discover this constraint. If the federal trial judges anticipate a negative response on appeal, then they curtail their ideological influences (the magnitude of influence decreases by approximately one-half). This pattern remains consistent when one examines civil liberties and economic cases, but not for criminal cases. Thus, the hierarchical structure of the federal judiciary appears to exert a significant constraint on the district courts. [ABSTRACT FROM AUTHOR]
- Published
- 2008
- Full Text
- View/download PDF
11. Checking the Federal Courts: The Impact of Congressional Statutes on Judicial Behavior.
- Author
-
Randazzo, Kirk A., Waterman, Richard W., and Fine, Jeffrey A.
- Subjects
- *
FEDERAL courts , *JUDICIAL discretion , *APPELLATE courts , *CIVIL rights , *LEGISLATIVE bodies , *DECISION making , *STATUTES , *LEGISLATIVE oversight , *APPOINTEES , *JUDICIAL-legislative relations - Abstract
This paper examines the struggle between the legislative and judicial branches by focusing specifically on congressional influences on the behavior of federal judges. We argue that Congress may constrain individual judicial behavior by passing statutes containing detailed language. To test this thesis we borrow from the bureaucratic politics literature to introduce and test a new measure of statutory constraint. Using data from the U.S. Courts of Appeals we find that appellate court behavior is constrained significantly by statutory language, although this constraint is asymmetric across ideology. We discover substantial differences between Democratic and Republican appointees both in terms of statutory constraint and ideological voting. The data indicate judges appointed by Democratic presidents are constrained by statutory language in criminal cases. Similarly, Republican appointees are constrained by statutes in civil rights cases. Yet, neither Democrats nor Republicans are constrained in economic cases. [ABSTRACT FROM AUTHOR]
- Published
- 2006
- Full Text
- View/download PDF
12. When Liberty and Security Collide: Foreign Policy Litigation and the Federal Judiciary.
- Author
-
Randazzo, Kirk A.
- Subjects
INTERNATIONAL relations ,DECISION making ,ACTIONS & defenses (Law) ,CIVIL rights ,JUDICIAL process ,SEPTEMBER 11 Terrorist Attacks, 2001 ,CONSTITUTIONAL courts - Abstract
In the wake of the September 11th attacks, questions regarding the relationship of civil liberties to foreign affairs have received renewed salience within our society. This paper reviews historical patterns of decision-making in the U.S. Supreme Court and the courts of appeals when confronted with questions of individual rights versus the government's ability to engage in foreign relations. Using an original dataset of federal cases from 1946 to 2000, this Article examines the influence of competing preferences and constraints (i.e., individual rights versus security) on judicial behavior. The empirical results indicate that traditional notions of ideology and preferences over security concerns significantly affect the federal judicial system. However; examinations of individual court levels reveal that the lower courts respond more to security concerns, whereas the Supreme Court is influenced solely by ideological proclivities. Scholars of the judiciary who do not account for these additional dimensions may not adequately capture the complete decision-making processes across the judicial system. [ABSTRACT FROM AUTHOR]
- Published
- 2005
13. Foreign Affairs Litigation in the U.S. Courts of Appeals: A Preliminary Analysis.
- Author
-
Randazzo, Kirk A.
- Subjects
ACTIONS & defenses (Law) ,INTERNATIONAL relations ,COURTS ,DECISION making ,JUDGES - Abstract
Analyzes foreign affairs litigation in the United States Courts of Appeals. Understanding of how the judiciary operates in the foreign relations scheme; Influence of competing preferences on decision making; Paradoxical dilemma facing judges in foreign policy cases; Theoretical expectations for judicial behavior.
- Published
- 2004
- Full Text
- View/download PDF
14. Strategic Anticipation in a Judicial Hierarchy.
- Author
-
Randazzo, Kirk A.
- Subjects
- *
APPELLATE procedure , *JUDGES , *LEGAL judgments , *UNITED States appellate courts - Abstract
To what extent are lower court judges anticipating how their decisions might be reviewed on appeal? Unfortunately, few empirical analyses concentrate on answering these important questions. This paper contributes to the debate by focusing on the anticipation of Supreme Court responses by judges on the Courts of Appeals. Do judges on the Courts of Appeals guess the preferences of Supreme Court justices when rendering decisions? Additionally, does this anticipatory behavior significantly impact or constrain the ability of these judges to maximize their personal policy preferences? To address these questions, I examine decisions rendered by the U.S. Courts of Appeals from 1953 to 1988, and their subsequent treatment by the U.S. Supreme Court, under a strategic choice statistical framework. Initially, the empirical results indicate that Appeals Court judges do anticipate responses from the Supreme Court, and adjust their behavior according to this perceived constraint. However, this constraint is not experienced by all appellate judges. During the Warren Court era it is apparent that the constraint is experienced by all appellate panels, regardless of ideology; yet, the likelihood of the Supreme Court granting certiorari is substantially higher for conservative decisions than for liberal ones. During the Burger Court era it is apparent that more liberal appellate panels experience this constraint to a higher degree that conservative appellate panels (and the likelihood of Supreme Court review increases substantially for liberal decisions). ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2007
15. Opinion Writing in the U.S. Supreme Court and the High Court of Australia.
- Author
-
Randazzo, Kirk
- Subjects
- *
PUBLIC opinion , *CONSTITUTIONAL courts , *POLITICAL science - Abstract
This paper explores the influences - legal, political and strategic - of opinion writing in both the U.S. Supreme Court and the High Court of Australia. ..PAT.-Conference Proceeding [ABSTRACT FROM AUTHOR]
- Published
- 2006
Catalog
Discovery Service for Jio Institute Digital Library
For full access to our library's resources, please sign in.