The Supreme Court and DIGs: Agenda Setting and Strategic Behavior

2006 ◽  
Author(s):  
Michael E. Solimine ◽  
Rafael Gely
Keyword(s):  
Supreme Court ◽  
Agenda Setting ◽  
Strategic Behavior ◽  
The Supreme Court

Agenda-Setting on the U.S. Supreme Court

2017 ◽  
Author(s):  
Ryan J. Owens ◽  
James Sieja
Keyword(s):  
Supreme Court ◽  
Agenda Setting ◽  
The Supreme Court ◽  
The U.S

Understanding the conditions under which the Supreme Court sets its agenda is crucial to understanding Supreme Court behavior. After all, before the justices make any decision on the merits of a case, they must first decide whether to hear it at all. This chapter analyzes Supreme Court agenda-setting. It begins by describing the process justices employ to select cases to review. It examines how parties file certiorari petitions, the certiorari pool used to provide guidance to the justices, and the conferences in which justices vote to grant or deny review to cert petitions. The chapter then discusses four explanations political scientists have provided to explain the conditions under which justices set the agenda. The article concludes by examining limitations of existing scholarship and providing suggestions for future scholarship.

Agenda Setting and Case Selection on the U.S. Supreme Court

2017 ◽  
Author(s):  
Elizabeth A. Lane ◽  
Ryan C. Black
Keyword(s):  
Supreme Court ◽  
Policy Change ◽  
Agenda Setting ◽  
Judicial Process ◽  
Fundamental Step ◽  
Case Selection ◽  
Setting Process ◽  
The Supreme Court ◽  
Grant Review ◽  
The U.S

The Supreme Court’s docket consists of thousands of cases each term, with petitioners hoping at least four justices will be compelled to grant review to their case. The decision to move a case from their docket to their calendar for oral arguments and all intermediate steps is what is known as the agenda-setting process. This is a fundamental step in the judicial process, as the Supreme Court cannot establish precedent and affect policy change without first deciding to review.

Issues, Agendas, and Decision Making on the Supreme Court

1996 ◽  
Vol 90 (4) ◽  
pp. 853-865 ◽  
Author(s):  
Kevin T. McGuire ◽  
Barbara Palmer
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Agenda Setting ◽  
Policy Preferences ◽  
Agenda Building ◽  
The Past ◽  
The Supreme Court ◽  
The U.S

In the process of agenda setting, the U.S. Supreme Court is limited to selecting from among only those cases brought before it. Despite this limitation, the justices possess considerable discretion and can reshape the issues in a case as a means of advancing their policy preferences. With data drawn from the Court's opinions, we find that, over the past twenty-five years, the justices have evinced a frequent willingness to expand the issues on their plenary docket and resolve questions not formally presented by the parties. We conclude that, notwithstanding informal norms that disapprove of this practice, issue fluidity is an important component in a continuous program of agenda building.

Malpractice & Negligence: Cal. Supreme Court Clarifies Negligence Provisions under State’s Elder Abuse Act

1999 ◽  
Vol 27 (2) ◽  
pp. 203-203
Author(s):  
Kendra Carlson
Keyword(s):  
Health Care ◽  
Supreme Court ◽  
Health Care Providers ◽  
Elder Abuse ◽  
Skilled Nursing Facility ◽  
Pressure Sores ◽  
Care Providers ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
The Supreme Court

The Supreme Court of California held, in Delaney v. Baker, 82 Cal. Rptr. 2d 610 (1999), that the heightened remedies available under the Elder Abuse Act (Act), Cal. Welf. & Inst. Code, §§ 15657,15657.2 (West 1998), apply to health care providers who engage in reckless neglect of an elder adult. The court interpreted two sections of the Act: (1) section 15657, which provides for enhanced remedies for reckless neglect; and (2) section 15657.2, which limits recovery for actions based on “professional negligence.” The court held that reckless neglect is distinct from professional negligence and therefore the restrictions on remedies against health care providers for professional negligence are inapplicable.Kay Delaney sued Meadowood, a skilled nursing facility (SNF), after a resident, her mother, died. Evidence at trial indicated that Rose Wallien, the decedent, was left lying in her own urine and feces for extended periods of time and had stage I11 and IV pressure sores on her ankles, feet, and buttocks at the time of her death.

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