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Liberty, Security, And Judicial Review In The War On Terror: An Analysis Of Supreme Court Approaches To Deference In A Post-9/11 Context, Jacob Oppler Jan 2015

Liberty, Security, And Judicial Review In The War On Terror: An Analysis Of Supreme Court Approaches To Deference In A Post-9/11 Context, Jacob Oppler

Senior Independent Study Theses

In times of war, the government acts to suppress threats to national security, often curtailing or restricting American civil liberties. Over the course of American history, the Supreme Court has reviewed this legal conflict between civil liberties and national security policies during war. Scholars generally observe the Court’s judicial review as deferential to the government. The War on Terror presents new and different challenges to American civil liberties. While this legal conflict has emerged again under the conditions of a war against terrorism, the war itself is markedly unlike past wars in American history. This research seeks to explain ...


Cases Of Conscience: The Supreme Court And Conscientious Objectors To Military Service During The Post World War Ii Era, Robert S. Rutherfurd Jan 2015

Cases Of Conscience: The Supreme Court And Conscientious Objectors To Military Service During The Post World War Ii Era, Robert S. Rutherfurd

Graduate Student Theses, Dissertations, & Professional Papers

This thesis examines the history of American conscientious objectors to military service during the aftermath of World War II. It describes why conscientious objectors were viewed with distrust and suspicion for their refusal to bear arms in defense of the nation and considers how groups such as the American Legion and the Veterans of Foreign Wars attempted to prevent COs from enjoying key benefits of U.S. citizenship by demanding that conscientious objectors be excluded from public employment and denied most forms of government assistance. This thesis focuses on decisions of the United States Supreme Court following World War II ...


Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas Jan 2010

Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas

University of Kentucky Doctoral Dissertations

The attitudinal model of judicial behavior dominates judicial politics scholarship, including studies of federal courts and agencies. Extant research finds limited support for legal constraints as determinants of judge behavior when agency decisions are under review. Attitudinal scholars suggest judges substitute their policy preferences in place of agency preferences. Contrarily, the legal model suggests judges defer to agencies because of procedures and doctrine rooted in the rule of law.

This study tests hypotheses predicting whether federal agency review decisions in the U.S. Courts of Appeals during 1982-2002 are a function of judges‘ attitudes, namely ideology, or a function of ...


Institutional Design And The Economy: Disentangling The Effects Of Judicial Independence And Judicial Review On Economic Development, Kaitlyn Louise Sill Jan 2010

Institutional Design And The Economy: Disentangling The Effects Of Judicial Independence And Judicial Review On Economic Development, Kaitlyn Louise Sill

LSU Doctoral Dissertations

Scholars, politicians, and economic leaders widely believe that an independent, efficient judiciary facilitates economic growth. However, relatively few empirical studies have been conducted to evaluate the relationship between the judiciary and the economy. As a result, we have a limited and an ambiguous understanding of the effect of courts. In this dissertation, I provide insight into the relationship between the judiciary and economic growth by disentangling judicial independence and judicial review and evaluating their effects using a large-n, comparative research design. I empirically demonstrate that judicial independence and judicial review are conceptually distinct and have independent and varying effects on ...


The Limits Of U.S. Governmental Power In Times Of Crisis, Adam M. Goldwater Apr 2006

The Limits Of U.S. Governmental Power In Times Of Crisis, Adam M. Goldwater

Undergraduate Theses and Capstone Projects

Government’s Emergency Power Throughout the History of the United States This paper reviews the use of power by the United States government during times of crisis. This paper analyzes both the arguments from Thomas Hobbes and John Locke regarding how limited both believe government should be. Throughout this debate John Locke believes that in leaving a state of nature we must enter into civil society through a social contract with each other. Hobbes’ view of the state of nature is such that he believes that there should be virtually no limitations on the power of government in eliminating citizens ...