cultural elements which are the essence of the model of the factors
related to state supreme court performance presented in Chapter 1.
The next chapter examines the social and political backgrounds of the
justices of the state supreme courts.
Of course, organizations will also seek to influence their environment,
and it would be a mistake to view organizations such as courts as completely
passive bodies existing in a cultural environment that controls all their actions.
The most notable example of courts seeking to exert some control over their
environment can be seen in efforts to regulate caseload. Trial court judges
will lobby for increased judgeships, more clerical assistance and better procedures for docketing cases. Court of last resort justices will ask for legislation to
increase discretion in the selection of cases as well as additional lower court
judges. Descriptions of the way in which organizations seek to control their
environment may be found in: Perrow Charles. 1979. Complex Organizations: A Critical Essay, 2d ed. Glenview, Ill.: Scott, Foresman and Company; Scott Richard W. 1981. Organizations: Rational, Natural and Open Systems. Englewood Cliffs, N.J.: Prentice-Hall, Inc.
The Council of State Government ceased publication of State Court
Systems with the 1978 edition. Subsequent editions are available from the
National Center for State Courts.
This information in conference procedures was drawn from:
McConkie Stanford S. 1976. Decision-Making in the State Supreme Courts. Judicature, 59:337-43.
The dominant political cultures by states according to Elazar may be
found in the 1966 edition of American Federalism: A View from the States. New York: Thomas Y. Crowell, p. 108.
A description of Elazar's methodology is available in the appendices to
his 1970 work: Cities of the Prairie: The Metropolitan Frontier and American
Politics. New York: Basic Books, Inc.
Both Texas and Oklahoma have two co-equal courts of last resort, one
for criminal and one for civil appeals. This book only considers the court of
civil appeals to avoid duplication.
This quotation is from the report on staffing given by the Utah Court
to the compilers of the 1976 edition of State Court Systems.
Good summaries of the histories of different judicial selection plans
may be found in: DuBois Philip L. 1980. From Ballot to Bench: Judicial
Elections and the Quest for Accountability. Austin: University of Texas Press; Watson Richard A., and
Rondal G. Downing. 1969. The Politics of the Benchand the Bar: Judicial Selection under the Missouri Nonpartisan Court Plan
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: The Role of State Supreme Courts in the New Judicial Federalism.
Contributors: Susan P. Fino - Author.
Publisher: Greenwood Press.
Place of publication: New York.
Publication year: 1987.
Page number: 46.
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