The Politics of Judicial Process

• Other Authors: Goelzhauser, Greg (authoraut)
• Format: Others
• Language: English; English
• Published: Florida State University
• Subjects: Political science
• Online Access: http://purl.flvc.org/fsu/fd/FSU_migr_etd-4215

How do judges use process to further their goals? The judicial politics literature places disproportionate emphasis on one type of judicial action---the decision on the merits. This emphasis obscures how judges make use of other aspects of the judicial process to advance their goals. In this dissertation, I highlight a variety of ways that judges use aspects of the judicial process other than decisions on the merits to ease internal and external pressures. To establish the widespread and diverse use of process to further judicial goals, I look to the U.S. Supreme Court and state trial courts. Examining the use of process across levels of the judicial hierarchy allows me to account for differences in the institutional rules and internal pressures that distinguish appellate and trial court decision-making. Looking to both federal and state courts, moreover, allows me to highlight important differences in the external pressures that motivate judicial behavior across courts in our federal system. In a series of three empirical studies, I find that judges use process to satisfy a variety of political demands. The results have implications for broadening our understanding of judicial behavior and enhancing our views as to the tools judges have at their disposal for relaxing institutional and political pressures. === A Dissertation submitted to the Department of Political Science in partial fulfillment of the requirements for the degree of Doctor of Philosophy. === Summer Semester, 2010. === May 3, 2010. === Judicial Politics, Law and Courts, Supreme Court, State Courts, Judicial Process, Political Institutions === Includes bibliographical references. === Charles Barrilleaux, Professor Directing Dissertation; Bruce L. Benson, University Representative; William D. Berry, Committee Member; Brad T. Gomez, Committee Member; Christopher Reenock, Committee Member; Jeffrey K. Staton, Committee Member.