Kirk A Randazzo
Dados Biográficos
| ID | 4123913 |
|---|---|
| NOME | Kirk A Randazzo |
| PRENOMES | Kirk A |
| SOBRENOME | Randazzo |
| ASSINATURA | RANDAZZO K A |
| AFILIAÇÕES | University of South Carolina |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 15 |
| TOTAL DE CITAÇÕES | 158 |
| TOTAL COMO AUTOR | 15 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2003 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2016 |
| ÍNDICE H | 7 |
Examining the Development of Judicial Independence
Scholars who examine judicial independence offer various theories regarding its development. Some argue that it serves as a type of insurance for regimes who believe their majority status is in jeopardy. Other scholars argue that insurance theory does not offer an adequate explanation until states democratize. We argue that part of the explanation for these mixed results involves the inadequacy of insurance theory as a complete explanation. Our p…
The Politics of Judicial Retirement in Canada and the United Kingdom
In this study, we test theories of judicial retirement developed in the United States to study patterns of retirement in Canada and England. We explore whether there is evidence that justices time their departures to strategically advance partisan or policy goals. Using survival analysis to examine the career patterns of judges appointed to the Supreme Court of Canada (1875–2012), as well as the House of Lords of the United Kingdom (1875–2009), w…
Shaping the Federal Courts
Objectives The objective of this study is to explore President O bama's nominations to the lower federal courts and compare his patterns to those from G eorge W. B ush and W illiam J efferson C linton using a typology established by G oldman in 1997. Methods Using data from 1993 to 2012 provided by the A merican Constitution Society for Law and Policy, we examine a series of cross‐tabulations to make our comparisons. Results The data indicate tha…
Explaining Litigant Success in the High Court of Australia
The authors examine the influence of party capability theory while controlling for legal-structural and doctrinal changes in the High Court. Based on their analysis of cases from 1970 to 2003, several notable conclusions emerge. The most interesting determinant of litigant success in Australia involves a shift within the High Court from a mechanical form of jurisprudence to a doctrine of implied rights. Once the High Court announced Mabo, ‘one-sh…
The Support Structure and Sustained Attention to Rights
Explaining Changes to Rights Litigation
Why do we witness variation in the level of judicial attention to rights litigation across countries and over time? Traditional explanations emphasize the constitutional recognition of rights, judicial leadership, and the development in society of a sophisticated “support structure for legal mobilization,” as key covariates of these phenomena. Yet, there is a dearth of quantitative empirical analyses that evaluate these explanations comparatively…
State Supreme Courts and the Effects of Statutory Constraint
Do state supreme court judges render decisions according to their ideological preferences, or are they constrained by the language of state statutes? Using data from the Judge-Level State Supreme Court Database, the authors analyze the votes of individual judges from 1995 to 1998 to determine whether their behavior is constrained by legislation. The results indicate that more detailed language (resulting in statutes with higher word counts) signi…
Testing the Effects of Independent Judiciaries on the Likelihood of Democratic Backsliding
We test the efficacy of judicial independence in preventing regime reversals toward authoritarianism. Using a dataset of judicial constraints across 163 different countries from 1960 to 2000, we find that established independent judiciaries prevent regime changes toward authoritarianism across all types of states. Established courts are also capable of thwarting regime collapses in nondemocracies. These results provide some of the first large-n e…
Judicial Deference and National Security
This article briefly examines the history of federal court adjudication of national security issues to determine how judges have employed specific legal rationales for deciding not to decide in order to avoid confrontation with the executive branch. By focusing on the historical development of these legal strategies, we demonstrate that while judges have been generally deferential to the executive on national security issues, this deference incre…
Institutional Viability and High Courts
The development of judicial viability involves a process by which constitutional courts attain institutional stability and value as an end in itself. Institutional stability denotes the courts' capacity to withstand environmental shocks, and value involves entities acquiring a distinctive mission and identity in the newly democratized governmental system. More precisely, we argue that constitutional courts attain functional (substantive) viabilit…
Strategic Anticipation and the Hierarchy of Justice in U.S. District Courts
Does the hierarchical relationship between the district courts and the courts of appeals influence decision making at the trial level? Do these judges anticipate responses by appellate panels and condition their decisions based on these expectations? Using a sample of district court cases from 1925 to 1996 that were subsequently reviewed by the courts of appeals, and incorporating a strategic choice statistical framework, I discover that the dist…
Executing the Constitution
Checking the Federal Courts
This paper examines the struggle between the legislative and judicial branches by focusing specifically on congressional influences on the behavior of federal judges. We argue that Congress may constrain individual judicial behavior by passing statutes containing detailed language. To test this thesis we borrow from the bureaucratic politics literature to introduce and test a new measure of statutory constraint. Using data from the U.S. Courts of…
Civil Liberties in Eritrea
In March, 2004, I received a U.S. Speaker and Specialist grant from the Department of State to travel to Africa and present several lectures on civil liberties and the rule of law. During my two weeks in Eritrea, I visited with undergraduate and law students at the University of Asmara. The impetus for the visit was the result of a new initiative by the Department of State entitled “Rights of the People”; the following essay highlights aspects of…
The Relationship Between Independence and Judicial Review in Post-Communist Courts
Following the collapse of communist rule in Central and Eastern Europe and the former Soviet Union, constitutional designers codified rules establishing independent judiciaries. To what degree do these constitutional and statutory guarantees of independence reflect the actual behavior of courts? Our analysis demonstrates that official judicial power does not predict expressions of judicial review—overturning legislation in whole or in part. Rathe…
Testing the Effects of Independent Judiciaries on the Likelihood of Democratic Backsliding
We test the efficacy of judicial independence in preventing regime reversals toward authoritarianism. Using a dataset of judicial constraints across 163 different countries from 1960 to 2000, we find that established independent judiciaries prevent regime changes toward authoritarianism across all types of states. Established courts are also capable of thwarting regime collapses in nondemocracies. These results provide some of the first large-n e…
The Relationship Between Independence and Judicial Review in Post-Communist Courts
Following the collapse of communist rule in Central and Eastern Europe and the former Soviet Union, constitutional designers codified rules establishing independent judiciaries. To what degree do these constitutional and statutory guarantees of independence reflect the actual behavior of courts? Our analysis demonstrates that official judicial power does not predict expressions of judicial review—overturning legislation in whole or in part. Rathe…
Checking the Federal Courts
This paper examines the struggle between the legislative and judicial branches by focusing specifically on congressional influences on the behavior of federal judges. We argue that Congress may constrain individual judicial behavior by passing statutes containing detailed language. To test this thesis we borrow from the bureaucratic politics literature to introduce and test a new measure of statutory constraint. Using data from the U.S. Courts of…
State Supreme Courts and the Effects of Statutory Constraint
Do state supreme court judges render decisions according to their ideological preferences, or are they constrained by the language of state statutes? Using data from the Judge-Level State Supreme Court Database, the authors analyze the votes of individual judges from 1995 to 1998 to determine whether their behavior is constrained by legislation. The results indicate that more detailed language (resulting in statutes with higher word counts) signi…
Examining the Development of Judicial Independence
Scholars who examine judicial independence offer various theories regarding its development. Some argue that it serves as a type of insurance for regimes who believe their majority status is in jeopardy. Other scholars argue that insurance theory does not offer an adequate explanation until states democratize. We argue that part of the explanation for these mixed results involves the inadequacy of insurance theory as a complete explanation. Our p…
Explaining Changes to Rights Litigation
Why do we witness variation in the level of judicial attention to rights litigation across countries and over time? Traditional explanations emphasize the constitutional recognition of rights, judicial leadership, and the development in society of a sophisticated “support structure for legal mobilization,” as key covariates of these phenomena. Yet, there is a dearth of quantitative empirical analyses that evaluate these explanations comparatively…
Explaining Litigant Success in the High Court of Australia
The authors examine the influence of party capability theory while controlling for legal-structural and doctrinal changes in the High Court. Based on their analysis of cases from 1970 to 2003, several notable conclusions emerge. The most interesting determinant of litigant success in Australia involves a shift within the High Court from a mechanical form of jurisprudence to a doctrine of implied rights. Once the High Court announced Mabo, ‘one-sh…
Strategic Anticipation and the Hierarchy of Justice in U.S. District Courts
Does the hierarchical relationship between the district courts and the courts of appeals influence decision making at the trial level? Do these judges anticipate responses by appellate panels and condition their decisions based on these expectations? Using a sample of district court cases from 1925 to 1996 that were subsequently reviewed by the courts of appeals, and incorporating a strategic choice statistical framework, I discover that the dist…
Institutional Viability and High Courts
The development of judicial viability involves a process by which constitutional courts attain institutional stability and value as an end in itself. Institutional stability denotes the courts' capacity to withstand environmental shocks, and value involves entities acquiring a distinctive mission and identity in the newly democratized governmental system. More precisely, we argue that constitutional courts attain functional (substantive) viabilit…
Shaping the Federal Courts
Objectives The objective of this study is to explore President O bama's nominations to the lower federal courts and compare his patterns to those from G eorge W. B ush and W illiam J efferson C linton using a typology established by G oldman in 1997. Methods Using data from 1993 to 2012 provided by the A merican Constitution Society for Law and Policy, we examine a series of cross‐tabulations to make our comparisons. Results The data indicate tha…
The Support Structure and Sustained Attention to Rights
The Relationship Between Independence and Judicial Review in Post-Communist Courts
Following the collapse of communist rule in Central and Eastern Europe and the former Soviet Union, constitutional designers codified rules establishing independent judiciaries. To what degree do these constitutional and statutory guarantees of independence reflect the actual behavior of courts? Our analysis demonstrates that official judicial power does not predict expressions of judicial review—overturning legislation in whole or in part. Rathe…
Civil Liberties in Eritrea
In March, 2004, I received a U.S. Speaker and Specialist grant from the Department of State to travel to Africa and present several lectures on civil liberties and the rule of law. During my two weeks in Eritrea, I visited with undergraduate and law students at the University of Asmara. The impetus for the visit was the result of a new initiative by the Department of State entitled “Rights of the People”; the following essay highlights aspects of…
Checking the Federal Courts
This paper examines the struggle between the legislative and judicial branches by focusing specifically on congressional influences on the behavior of federal judges. We argue that Congress may constrain individual judicial behavior by passing statutes containing detailed language. To test this thesis we borrow from the bureaucratic politics literature to introduce and test a new measure of statutory constraint. Using data from the U.S. Courts of…
Executing the Constitution
Strategic Anticipation and the Hierarchy of Justice in U.S. District Courts
Does the hierarchical relationship between the district courts and the courts of appeals influence decision making at the trial level? Do these judges anticipate responses by appellate panels and condition their decisions based on these expectations? Using a sample of district court cases from 1925 to 1996 that were subsequently reviewed by the courts of appeals, and incorporating a strategic choice statistical framework, I discover that the dist…
Institutional Viability and High Courts
The development of judicial viability involves a process by which constitutional courts attain institutional stability and value as an end in itself. Institutional stability denotes the courts' capacity to withstand environmental shocks, and value involves entities acquiring a distinctive mission and identity in the newly democratized governmental system. More precisely, we argue that constitutional courts attain functional (substantive) viabilit…
Judicial Deference and National Security
This article briefly examines the history of federal court adjudication of national security issues to determine how judges have employed specific legal rationales for deciding not to decide in order to avoid confrontation with the executive branch. By focusing on the historical development of these legal strategies, we demonstrate that while judges have been generally deferential to the executive on national security issues, this deference incre…
The Support Structure and Sustained Attention to Rights
Explaining Changes to Rights Litigation
Why do we witness variation in the level of judicial attention to rights litigation across countries and over time? Traditional explanations emphasize the constitutional recognition of rights, judicial leadership, and the development in society of a sophisticated “support structure for legal mobilization,” as key covariates of these phenomena. Yet, there is a dearth of quantitative empirical analyses that evaluate these explanations comparatively…
State Supreme Courts and the Effects of Statutory Constraint
Do state supreme court judges render decisions according to their ideological preferences, or are they constrained by the language of state statutes? Using data from the Judge-Level State Supreme Court Database, the authors analyze the votes of individual judges from 1995 to 1998 to determine whether their behavior is constrained by legislation. The results indicate that more detailed language (resulting in statutes with higher word counts) signi…
Testing the Effects of Independent Judiciaries on the Likelihood of Democratic Backsliding
We test the efficacy of judicial independence in preventing regime reversals toward authoritarianism. Using a dataset of judicial constraints across 163 different countries from 1960 to 2000, we find that established independent judiciaries prevent regime changes toward authoritarianism across all types of states. Established courts are also capable of thwarting regime collapses in nondemocracies. These results provide some of the first large-n e…
Shaping the Federal Courts
Objectives The objective of this study is to explore President O bama's nominations to the lower federal courts and compare his patterns to those from G eorge W. B ush and W illiam J efferson C linton using a typology established by G oldman in 1997. Methods Using data from 1993 to 2012 provided by the A merican Constitution Society for Law and Policy, we examine a series of cross‐tabulations to make our comparisons. Results The data indicate tha…
Explaining Litigant Success in the High Court of Australia
The authors examine the influence of party capability theory while controlling for legal-structural and doctrinal changes in the High Court. Based on their analysis of cases from 1970 to 2003, several notable conclusions emerge. The most interesting determinant of litigant success in Australia involves a shift within the High Court from a mechanical form of jurisprudence to a doctrine of implied rights. Once the High Court announced Mabo, ‘one-sh…
The Politics of Judicial Retirement in Canada and the United Kingdom
In this study, we test theories of judicial retirement developed in the United States to study patterns of retirement in Canada and England. We explore whether there is evidence that justices time their departures to strategically advance partisan or policy goals. Using survival analysis to examine the career patterns of judges appointed to the Supreme Court of Canada (1875–2012), as well as the House of Lords of the United Kingdom (1875–2009), w…
Examining the Development of Judicial Independence
Scholars who examine judicial independence offer various theories regarding its development. Some argue that it serves as a type of insurance for regimes who believe their majority status is in jeopardy. Other scholars argue that insurance theory does not offer an adequate explanation until states democratize. We argue that part of the explanation for these mixed results involves the inadequacy of insurance theory as a complete explanation. Our p…
Law (15 obras) · Political science (15 obras) · Judicial and Constitutional Studies (13 obras) · Law (13 obras) · Politics (12 obras) · Law, Economics, and Judicial Systems (9 obras) · Law and economics (6 obras) · Economics (5 obras) · Ideology (5 obras) · Legal and Constitutional Studies (5 obras)