Trying to Get What You Want
Heresthetical Maneuvering and U.S. Supreme Court Decision Making
Bibliographic Data
| ID | 6340639 |
|---|---|
| Authors | Ryan C Black (0000-0002-3875-5519, Michigan State University, East Lansing, MI, USA), Rachel A Schutte (Michigan State University, East Lansing, MI, USA), Timothy R Johnson (0000-0001-8700-7296, University of Minnesota, Minneapolis, MN, USA) |
| Year | 2013 |
| Volume | 66 |
| Issue | 4 |
| Pages | 819-830 |
| Publication date | 2013-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Political Research Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 1065-9129 • E-ISSN: 1938-274X |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/1065912913482757 |
| OpenAlex | W2125778759 |
| Language | EN |
| Citations received | 6 |
| References cited | 42 |
Riker famously theorized that political actors faced with suboptimal outcomes might be able to garner a more desirable one by adding issues to the agenda. To date, limited support for Riker’s theory of heresthetics exists, primarily consisting of case studies and anecdotal evidence. We offer a systematic analysis of heresthetical maneuvers in the context of Supreme Court decision making. We argue justices who oppose a potential case outcome may add alternative issues to the record in an effort to restructure the terms of debate. Data from justices’ behavior during oral argument support Riker’s theory
Argument (complex analysis · Context (archaeology · Economics · Law and economics · Microeconomics · Outcome (game theory · Political science · Politics · Positive economics · Restructuring · Sociology · Supreme court · Electoral Systems and Political Participation · History · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies
Measuring the Political Salience of Supreme Court Cases
Measuring the Issue Content of Supreme Court Opinions
Institutional Design and the Predictability of Judicial Interruptions at Oral Argument
Issue Divisions and US Supreme Court Decision Making
Asking Versus Telling
A Dynamic Model of Speech for the Social Sciences
Friends of the Supreme Court
Making Law in the United States Courts of Appeals
The Solicitor General and the United States Supreme Court
The Politics of Precedent on the U.S. Supreme Court
Remarks on Some Nonparametric Estimates of a Density Function
The Judicial Common Space
Between Law and Politics
The Heresthetics of Constitution-Making
The Metaphor of Standing and the Problem of Self-Governance
The functions of oral argument in the U.S. supreme court
Agenda Setting in the Supreme Court
Picking Federal Judges
The U.S. Supreme Court's Incorporation and Interpretation of Precedent
Hierarchical and Collegial Politics on the U.S. Courts of Appeals
Passing and Strategic Voting on the U.S. Supreme Court
Issue Fluidity on the U.S. Supreme Court
The Claim of Issue Creation on the U.S. Supreme Court
Comparing Attitudinal and Strategic Accounts of Dissenting Behavior on the U.S. Courts of Appeals
Strategy and Sophisticated Voting in the Senate
The Tenth Justice? Consequences of Politicization in the Solicitor General's Office
Assessing the Applicability of Strategic Theory to Explain Decision Making on the Courts of Appeals
Toward an Actor-Based Measure of Supreme Court Case Salience
Measuring Ideological Polarization on the United States Supreme Court
Heresthetical Maneuvering on the US Supreme Court
Measuring Issue Salience
Locating Supreme Court Opinions in Doctrine Space
Who Controls the Content of Supreme Court Opinions
Supreme Court Litigants and Strategic Framing
Signals from the Tenth Justice
Looking Back to Move Forward
How to Analyze Political Attention with Minimal Assumptions and Costs
Avoiding Constitutional Cases
Information, Oral Arguments, and Supreme Court Decision Making
Fear of Reversal as an Explanation of Lower Court Compliance
Issues, Agendas, and Decision Making on the Supreme Court
Implications from the Disequilibrium of Majority Rule for the Study of Institutions
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,55 |
| Citation span | 2015 - 2024 (10) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 6 |