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Judicial Entrepreneurship The Role of the Judge in the Marketplace of Ideas
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Wayne V. McIntosh, Cynthia L. Cates
Book Code: GM0519
ISBN: 0-313-30519-6
ISBN-13: 978-0-313-30519-1
152 pages
Greenwood Press
Publication: 10/30/1997
List Price: $105.00 (UK Sterling Price: £59.95)
Availability: Out of stock
Media Type: Hardcover
Also Available: Ebook
Trim Size: 6 1/8 x 9 1/4
Subjects:
Series Title: Contributions in Legal Studies
Series Number: 83
Reviews:
  • This book combines the metaphor of marketing and sales with the study of judicial policy making and influence to produce a highly readable theory of judicial behavior and role.
    —Law and Politics Book Review
  • Endorsement From Lawrence Baum
    Professor of Political Science
    Ohio State University:     In Judicial Entrepreneurship, Wayne McIntosh and Cynthia Cates show how judges 'market' their ideas in efforts to enhance their impact on the law. By presenting and developing the concept of entrepreneurship, they direct attention to an important aspect of judicial behavior that has received too little attention. Their analysis of entrepreneurial activity provides fresh insights on judges' choices and perspectives, and students of the courts will learn a great deal from this book.
Description: Through a series of case studies, Professors McIntosh and Cates argue for the assessment of judicial activity from a fresh perspective. They focus on the appellate system and those judges who help to move the law--i.e., entrepreneurs. Appeals court judges are in a unique position in that they are presented with real opportunities to influence the shape and meaning of law. Jurists have special interests, some areas of the law that particularly attract them. When questions arise in these fields, jurists are likely to seize the moment, allowing them to express their expertise and be creative. This is not only a natural course for highly motivated individuals, but also a mode of operation that is important to the development of our law. Through an examination of the actions and writings of such diverse jurists as Louis Brandeis, Sandra Day O'Connor, Jerome Frank, and Hans Linde, the authors explore this concept of entrepreneurship, in which judges take on and promote their "pet projects." Of great interest to scholars and researchers in political science and law, and those concerned with judicial process and behavior, and court policymaking.
Table of Contents:
  • Preface
  • Introduction
  • Judicial Entrepreneurship: Selling Jurisprudence
  • Louis Brandeis: The Consummate Entrepreneur
  • Jerome Frank: The Art of the Hard Sell
  • Hans Linde: Interstate Trade in Legal Ideas
  • Sandra Day O'Connor: The Soft Selling of the Guarantee Clause
  • Conclusions
  • Selected Bibliography
  • Index
LC Card Number: 97-16125
LCC Class: KF8775
Dewey Class: 347
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