What's Law Got to Do with It? What Judges Do, Why They Do It, and What's at Stake

Table of contents

• What’s Law Got to Do with It? i
• Title Page iii
• Contents vii
• Figures and Tables ix
• Acknowledgments xi
• What’s Law Got to Do with It? xiii
• Introduction - So What Does Law Have to Do with It? 1
• I Setting the Stage - The Debate over What Law Has to Do with What Judges Do 15
• 1 - What’s Law Got to Do with It 17
• 2 - On the Study of Judicial Behaviors of Law, Politics, Science, and Humility 41
• II - Distinguishing Law from Other Influences on Judicial Decision-Making 69
• 3 - Law and Policy More and Less Than a Dichotomy 71
• 4 - Law Is Politics 92
• 5 - Path Dependence in Studies of Legal Decision-Making 114
• 6 - Looking for Law in All the Wrong Places Some Suggestions for Modeling Legal Decision-Making 143
• 7 - Stare Decisis as Reciprocity Norm 173
• III - What Law Has to Do with What Judges Do and Its Implications for Judicial Selection 193
• 8 - How Judicial Elections Are like Other Elections and What That Means for the Rule of Law 195
• 9 - On the Cataclysm of Judicial Elections and Other Popular Antidemocratic Myths 223
• 10 - Are Judicial Elections Democracy-Enhancing? 248
• IV - What Law Has to Do with What Judges Do and Its Implications for Public Confidence in the Courts 279
• 11 - Judging the Politics of Judging Are Politicians in Robes Inevitably Illegitimate? 281
• 12 - The Rule of Law Is Dead! Long Live the Rule of Law! 306
• 13 - Three Views from the Bench 328
• About the Contributors 343
• Index 345

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