Judicial Entrepreneurship: The Role of the Judge in the Marketplace of Ideas

(Hardback)

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A fresh and provocative perspective on the judicial process and the transmission of ideas into law. Professors McIntosh and Cates demonstrate, through the actions and writings of such diverse jurists as Louis Brandeis, Sandra Day O'Connor, Jerome Frank, and Hans Linde, how judges' pet intellectual projects become the fodder for new ideas in the law. 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 lawi.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.

Reviews

"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."-Lawrence Baum Professor of Political Science Ohio State University
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
"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

Author Bio

WAYNE V. McINTOSH is Associate Professor in the Department of Government and Politics at the University of Maryland, College Park. Among other works, he is the author of The Appeal of Civil Law: A Political Economic Analysis of Litigation. CYNTHIA L. CATES is Assistant Professor in the Department of Political Science at Towson University. She formerly served as a senior policy analyst with the U.S. Advisory Commission on Intergovernmental Relations where she specialized in court policies affecting intergovernmental relations.