Defenders of Liberty or Champions of Security?: Federal Courts, the Hierarchy of Justice, and U.S. Foreign Policy
The terrorist attacks of September 11, 2001, and the subsequent responses by the U.S. federal government have raised fundamental questions about civil liberties in both domestic and international laws. As a result, the U.S. judiciary, out of its responsibility for interpreting the Constitution, has assumed a crucial role in defining boundaries of domestic and foreign policy, and in balancing concerns about security with the protection of liberty. Utilizing a sophisticated blend of quantitative and qualitative analysis, Kirk A. Randazzo examines two main questions: To what extent do federal judges defend liberty or champion security when adjudicating disputes? And to what extent does the hierarchal structure of the federal judiciary influence decisions by lower court judges? There are, he argues, disturbing indications that the federal judiciary as a whole are not defenders of liberty. Furthermore, lower court judges strategically anticipate the decisions of higher courts and constrain their behavior to avoid reversal.
1115268298
Defenders of Liberty or Champions of Security?: Federal Courts, the Hierarchy of Justice, and U.S. Foreign Policy
The terrorist attacks of September 11, 2001, and the subsequent responses by the U.S. federal government have raised fundamental questions about civil liberties in both domestic and international laws. As a result, the U.S. judiciary, out of its responsibility for interpreting the Constitution, has assumed a crucial role in defining boundaries of domestic and foreign policy, and in balancing concerns about security with the protection of liberty. Utilizing a sophisticated blend of quantitative and qualitative analysis, Kirk A. Randazzo examines two main questions: To what extent do federal judges defend liberty or champion security when adjudicating disputes? And to what extent does the hierarchal structure of the federal judiciary influence decisions by lower court judges? There are, he argues, disturbing indications that the federal judiciary as a whole are not defenders of liberty. Furthermore, lower court judges strategically anticipate the decisions of higher courts and constrain their behavior to avoid reversal.
23.99 In Stock
Defenders of Liberty or Champions of Security?: Federal Courts, the Hierarchy of Justice, and U.S. Foreign Policy

Defenders of Liberty or Champions of Security?: Federal Courts, the Hierarchy of Justice, and U.S. Foreign Policy

by Kirk A. Randazzo
Defenders of Liberty or Champions of Security?: Federal Courts, the Hierarchy of Justice, and U.S. Foreign Policy

Defenders of Liberty or Champions of Security?: Federal Courts, the Hierarchy of Justice, and U.S. Foreign Policy

by Kirk A. Randazzo

eBook

$23.99  $31.95 Save 25% Current price is $23.99, Original price is $31.95. You Save 25%.

Available on Compatible NOOK devices, the free NOOK App and in My Digital Library.
WANT A NOOK?  Explore Now

Related collections and offers


Overview

The terrorist attacks of September 11, 2001, and the subsequent responses by the U.S. federal government have raised fundamental questions about civil liberties in both domestic and international laws. As a result, the U.S. judiciary, out of its responsibility for interpreting the Constitution, has assumed a crucial role in defining boundaries of domestic and foreign policy, and in balancing concerns about security with the protection of liberty. Utilizing a sophisticated blend of quantitative and qualitative analysis, Kirk A. Randazzo examines two main questions: To what extent do federal judges defend liberty or champion security when adjudicating disputes? And to what extent does the hierarchal structure of the federal judiciary influence decisions by lower court judges? There are, he argues, disturbing indications that the federal judiciary as a whole are not defenders of liberty. Furthermore, lower court judges strategically anticipate the decisions of higher courts and constrain their behavior to avoid reversal.

Product Details

ISBN-13: 9781438430492
Publisher: State University of New York Press
Publication date: 03/24/2010
Series: SUNY series in American Constitutionalism
Sold by: Barnes & Noble
Format: eBook
Pages: 138
File size: 1 MB

About the Author

Kirk A. Randazzo is Assistant Professor of Political Science at the University of South Carolina.

Table of Contents

List of Figures
List of Tables
Acknowledgments

Introduction
A Historical Look at the Federal Courts and U.S. Foreign Policy
The Scope of the Project
Organization of the Book

1. Theoretical Foundations
Definitions of U.S. Foreign Policy
Types of Foreign Policy Cases Adjudicated in Federal Courts
Constitutional/Legal Theories
International Relations/Foreign Policy Theories
Theories of Judicial Politics
Conclusions

2. Individual Examinations
The Paradox of Foreign Affairs Litigation
Theoretical Expectations
Research Design and Methods
Empirical Results
Conclusions

3. The Hierarchy of Justice and the Courts of Appeals
Historical Development of the Federal Judiciary
Theories of Judicial Compliance and Structural Hierarchies
Formal Model of Appeals Court Decision Making
Research Design and Methods
Empirical Results
Conclusions

4. The Hierarchy of Justice and the District Courts
Historical Development of the District Courts
Policy Making in a Judicial Hierarchy
Formal Model of District Court Decision Making
Research Design and Methods
Empirical Results
Conclusions

5. Defenders of Liberty or Champions of Security?
Analytical Contributions
Civil Liberties Protection in a Post-September 11 Environment
Quantitative Analysis of Lower Courts
Qualitative Analysis of the Supreme Court
Conclusions

Appendices
Appendix One: Coding Rules
Appendix Two: Litigant Codes
Appendix Three: Issue Codes
Notes
References
Index
From the B&N Reads Blog

Customer Reviews