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Courting political opportunity.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Courting political opportunity.
Author:	Andersen, Ellen Ann.
Description:	267 p.
Notes:	Co-Chairs: M. Kent Jennings; Mark Brandon.
Notes:	Source: Dissertation Abstracts International, Volume: 60-05, Section: A, page: 1736.
Contained By:	Dissertation Abstracts International60-05A.
Subject:	Political Science, General.
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=9929777
ISBN:	0599295422

Courting political opportunity.
Andersen, Ellen Ann.

Courting political opportunity.[electronic resource] - 267 p.

Co-Chairs: M. Kent Jennings; Mark Brandon.

Thesis (Ph.D.)--University of Michigan, 1999.

In this dissertation, I offer a new theoretical framework for examining the conditions under which judges, litigators, the law, and the political environment interact to facilitate or retard legal change. My “legal opportunity structure” model seeks to explain legal change through an examination of the institutional and socio-legal factors that shape the decisions made by legal actors. These factors include access to the formal institutional structure of the law, the configuration of elites with respect to a given legal issue, the alliance and conflict systems surrounding a particular legal issue, and the availability of both legal frames (the amalgam of existing laws) and cultural frames (the amalgam of cultural values and beliefs). Specifically, I argue that legal change is a product of legal actors, including judges and litigators, engaging in a process of competitive framing which is situated within a larger structure of legal opportunities.

ISBN: 0599295422Subjects--Topical Terms:

212408
Political Science, General.

Courting political opportunity.
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245 1 0 $a Courting political opportunity. $h [electronic resource]
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500 $a Co-Chairs: M. Kent Jennings; Mark Brandon.
500 $a Source: Dissertation Abstracts International, Volume: 60-05, Section: A, page: 1736.
502 $a Thesis (Ph.D.)--University of Michigan, 1999.
520 # $a In this dissertation, I offer a new theoretical framework for examining the conditions under which judges, litigators, the law, and the political environment interact to facilitate or retard legal change. My “legal opportunity structure” model seeks to explain legal change through an examination of the institutional and socio-legal factors that shape the decisions made by legal actors. These factors include access to the formal institutional structure of the law, the configuration of elites with respect to a given legal issue, the alliance and conflict systems surrounding a particular legal issue, and the availability of both legal frames (the amalgam of existing laws) and cultural frames (the amalgam of cultural values and beliefs). Specifically, I argue that legal change is a product of legal actors, including judges and litigators, engaging in a process of competitive framing which is situated within a larger structure of legal opportunities.
520 # $a The empirical focus of this dissertation is on the outcomes of gay rights litigation. I examine three key areas of litigation: sodomy reform, anti-gay initiatives, and family law. The legal opportunity structure approach, I show, offers a richer and more accurate explanation of the dynamics of legal change with respect to gay rights than do traditional, segmented approaches.
520 # $a The phenomenon of legal change is complex, involving multiple actors and proceeding within multiple structural constraints. Traditional approaches to examining this phenomenon, however, have tended to focus on a particular agent of change, such as the impact of doctrine, judicial attitudes and judicial turnover, executive and legislative actions, interest group litigation, and public opinion. As a result, although we know quite a bit about specific genitors of legal change, we know very little about how they interact.
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