Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-28T17:00:58.175Z Has data issue: false hasContentIssue false

Policy-Making and State Supreme Courts

The Judiciary as an Interest Group

Published online by Cambridge University Press:  01 July 2024

Henry Robert Glick*
Affiliation:
Florida State University
Rights & Permissions [Opens in a new window]

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

The most frequent and visible sources of judicial policy are decisions in court cases in which judges create new solutions to problems and conflicts presented to them. Sometimes important policies are established in a single case or policy may develop gradually in a series of cases dealing with similar situations. This form of policy-making frequently occurs without much direct interaction between courts, legislatures, and executive agencies. Though the implementation of court policies may depend on the cooperation of other officials, the initiation and early shaping of a particular policy may be done almost exclusively by the courts.

Type
Research Article
Copyright
Copyright © 1970 The Law and Society Association.

Footnotes

AUTHOR'S NOTE: The author wishes to thank Professors Thomas R. Dye and Herbert Jacob who made helpful comments on an earlier draft. He also acknowledges the support given the research by the Center for the Study of Federalism, Temple University.

References

CASE

STATE v. RUSH (1966) 217 A.2d 441.Google Scholar

References

American Judicature Society (1968) Judicial Councils, Conferences and Organizations. Chicago.Google Scholar
American Judicature Society (1967) The Judicial Rule-Making Power in State Court Systems. Chicago.Google Scholar
Glick, H. R. and Vines, K. N. (1968) “Law-making in the state judiciary.” Polity 2 (Winter): 142159.CrossRefGoogle Scholar
Glick, H. R. and Vines, K. N. (1968) Law-Making in the State Judiciary. Presented at the Conference on the Measurement of Public Policies in the American States, Ann Arbor, Michigan, August.Google Scholar
Institute of Judicial Administration (1962) Rule-Making Power of the Courts. New York.Google Scholar
Institute of Judicial Administration (1961) State Judicial Councils, Judicial Conferences, Court Administrators and Related Organizations. New York.Google Scholar
JAHNIGE, T. P. (1968) “A note on the implications of legal rules and procedures,” Pp. 9596 in Jahnige, T. P. and Goldman, S. (eds.) The Federal Judicial System. New York: Holt, Rinehart & Winston.Google Scholar
Murphy, W. F. (1964) Elements of Judicial Strategy. Chicago: Univ. of Chicago Press.Google Scholar
Murphy, W. F. (1962) Congress and the Court. Chicago: Univ. of Chicago Press.Google Scholar
New Jersey Assembly Judiciary Committee (1964) Report to the General Assembly. November 16.Google Scholar
PELEKOUDAS, L. M. (1963) Judicial Reform Efforts in Ten States. Ph.D. dissertation. University of Illinois.Google Scholar
PRITCHETT, C. H. (1961) Congress versus the Supreme Court, 1957-1960. Minneapolis: Univ. of Minnesota Press.Google Scholar
Reports of the Judicial Conference of the United States (n.d.) Washington, D.C.: Government Printing Office.Google Scholar
SCHUBERT, G. (1965) Judicial Policy-Making. Chicago: Scott, Foresman.Google Scholar
WELLS, R. S. and J. B., GROSSMAN (1968) “The concept of judicial policy-making,” Pp. 294304 in Jahnige, T. P. and Goldman, S. (eds.) The Federal Judicial System. New York: Holt, Rinehart & Winston.Google Scholar