Separation of Powers and Interbranch Relationships

Session Submission Type: Virtual Created Panel

Session Description

As one of multiple actors in governing arrangements, court rulings in the U.S. and abroad are vulnerable to being ignored, scrutinized, or overridden. In addition, many court cases regularly involve other government actors as parties, giving judges opportunities to strike a more or less deferential posture over time, at different times, or for select policy issues. Further, other institutions might structure their behavior and policy making in relation to courts. Thus, understanding the position of courts vis-à-vis other branches and entities is a topic that has long intrigued judicial scholars, for good reason. This panel builds on previous scholarship to examine how the position of courts can alter how they present their choices, variation in the intensity of potential threats courts might face, judicial support of administrative agency decisions, and an exploration of “workload-shifting” between courts and legislatures.

Sub Unit

• Division 26: Law and Courts

Individual Presentations

• ‘As You Were Saying’: Framing Decisions at the Court of Justice of the EU - Johan Lindholm, University of Umea; Daniel Naurin, Oslo University; Philipp Schroeder, Ludwig-Maximilians-University Munich

• Measuring Court Curbing in the U.S. States - Michael Anthony Catalano, Binghamton University, SUNY

• Predicting Supreme Court Behavior Towards Executive Agency Power - Madison Schroder

• Public Congress v. Private Courts: Understanding Interbranch Relations - Lauren Hanson-Figueroa, Georgia State University; Alexandra Piccirillo, Georgia State University; Amy L. Steigerwalt, Georgia State University

Chair

• Brian Daniel Libgober University of California, San Diego

Discussants

• Brian Daniel Libgober University of California, San Diego

• Maureen Stobb Georgia Southern University