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The Judicial Power of the PurseHow Courts Fund National Defense in Times of Crisis$
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Nancy Staudt

Print publication date: 2011

Print ISBN-13: 9780226771120

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226771151.001.0001

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Mobilizing Judicial Resources: the Information Theory In Action

Mobilizing Judicial Resources: the Information Theory In Action

(p.75) Three Mobilizing Judicial Resources: the Information Theory In Action
The Judicial Power of the Purse
University of Chicago Press

This chapter performs a large-N quantitative study of judicial decision making and finds substantial support for the information theory of crisis jurisprudence in the context of the Supreme Court. It showed that the Republicans depended more heavily on the monetary cues, while the Democrats explored the deployment trends to reach decisions about the fisc in times of crisis. It is also reported that the information theory of jurisprudence has quite a bit of explanatory power in the Supreme Court: both votes and outcomes shift as predicted by the theory. The information theory was important for understanding how the justices on the Supreme Court will use their fiscal hand, but possibly less useful for understanding the policing hand. The justices will support the government in times of crisis, but only when credible cues indicate that costly military activities are needed to keep the nation safe and secure from outside threats.

Keywords:   judicial decision making, information theory, crisis jurisprudence, Supreme Court, Republicans, Democrats, justices

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