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The Constrained Court


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Table of Contents

Preface ix Chapter 1. Introduction 1 Chapter 2. The Measure of Law: Estimating Preferences across Institutions and Time 17 Part I. Legal Value Constraints Chapter3. Disentangling Law and Policy Preferences 47 Chapter 4. Law Matters 64 Chapter 5. Causes and Consequences of Diverse Legal Values 80 Part II. Political Constraints Chapter 6. Separation of Powers and the Strategic Constraint 95 Chapter 7. Signals from the Executive 121 Chapter 8. Conclusion 140 Appendix. Statistical Details 156 Notes 175 References 185 Index 203

About the Author

Michael A. Bailey is the Colonel William J. Walsh Professor in the Department of Government and Institute for Public Policy at Georgetown University.?Forrest Maltzman is professor of political science at George Washington University. He is the author of "Competing Principals" and the coauthor of "Crafting Law on the Supreme Court" and "Advice and Dissent".


Honorable Mention for the 2012 C. Herman Pritchett Award, Law and Courts Section of the American Political Science Association "[I]n The Constrained Court, Michael Bailey and Forrest Maltzman have launched a frontal assault on the citadel. Their book is a tour de force that will likely supplant the attitudinal model and become a basis for a new paradigm for understanding decision making... I want to underline that is one of the most important studies in the field in the last decade. Neither Bailey nor Maltzman is a trained public law scholar, which makes it so infuriating that they have written such a path breaking study. The book should be mandatory for public law scholars and graduate students and highly recommended, as the authors suggest, for Chief Justice John Roberts."--Richard L. Pacelle, Jr., Law and Politics Book Review "The Constrained Court challenge[s] established paradigms in [its] fields, introduce[s] inventive and original research and seek[s] to transform the ways in which we think and talk about the nature of judging. It is a testament to the energy imagination, and erudition of the authors that they can legitimately take credit for having advanced these objectives."--Bruce G, Peabody, Perspectives on Politics

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