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Full-Text Articles in Law
Paradise Lost: The Effect Of Judicial Review On Congressional Debate, Laura E. Jenkins
Paradise Lost: The Effect Of Judicial Review On Congressional Debate, Laura E. Jenkins
Dissertations - ALL
How does judicial supremacy affect constitutional deliberation in Congress? Normative critics of judicial supremacy argue that judicial supremacy warps congressional debate by disincentivizing members of Congress from independently considering the moral and legal issues at stake in legislation. As this dissertation’s quantitative analysis, topic modeling, and qualitative textual analysis show, the Supreme Court’s decision in National Federation of Independent Business v. Sebelius (2012) disincentivized members of Congress from engaging in independent constitutional interpretation and normative argumentation. Before the Supreme Court’s decision in Sebelius, members of both parties debated the constitutionality of the Affordable Care Act’s individual mandate and used constitutional …
Saving This Honorable Court: Supreme Court Legitimacy And Support For Court Reform, Nathan Thomas Carrington
Saving This Honorable Court: Supreme Court Legitimacy And Support For Court Reform, Nathan Thomas Carrington
Dissertations - ALL
For the first time in nearly a century, serious conversations are taking place involving re- form of the Nation's highest court. Scholarly wisdom holds that such discussions indicate a decrease of the Court's legitimacy which will have detrimental effects on the rule of law and minority rights. Indeed, several generations of political science scholarship have exam- ined the relationship between institutional support for the Supreme Court and its ability to exercise judicial power effectively, all finding a strong relationship. Do reform efforts actu- ally signal a collapse in Court legitimacy and the death of the rule of law as we …
Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster
Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster
Dissertations - ALL
The American administrative state of the twentieth and twenty-first centuries is defined by deference by federal courts to administrative agencies. The political science and (especially) legal literatures have long discussed how federal courts defer to agencies, but little attention has been dedicated to how to identify deference and why courts defer. This dissertation redefines deference, a term that has been topic of extensive discussion in the last forty years but that was missing a key feature: the intent of the deferrers. Using administrative courts as the proxy for agencies at large, this dissertation suggests three reasons why judges may defer. …
Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster
Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster
Dissertations - ALL
The American administrative state of the twentieth and twenty-first centuries is defined by deference by federal courts to administrative agencies. The political science and (especially) legal literatures have long discussed how federal courts defer to agencies, but little attention has been dedicated to how to identify deference and why courts defer. This dissertation redefines deference, a term that has been topic of extensive discussion in the last forty years but that was missing a key feature: the intent of the deferrers. Using administrative courts as the proxy for agencies at large, this dissertation suggests three reasons why judges may defer. …
“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato
“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato
Dissertations - ALL
Robert H. Jackson’s service as Solicitor General has attained mythic status, prompting academics and commentators consistently to rate him as one of the greatest appointees to that office. In part, his stature reflects his extraordinary skill as an attorney. In some measure, Jackson’s legend draws upon the Supreme Court’s growing liberalism, which occurred upon his watch. As Peter Ubertaccio argues in his history of the office, Learned in the Law and Politics, the stature of the Solicitor General suffered during the early 1930s, when the court generally ruled against the government, then improved as the court sided with the Roosevelt …