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Full-Text Articles in Social and Behavioral Sciences
American Indians In Court: The Burger And Rehnquist Years, John R. Hermann
American Indians In Court: The Burger And Rehnquist Years, John R. Hermann
Political Science Faculty Research
The Supreme Court and individual justices' treatment of American Indian interests has generated relatively little scholarly attention. To fill this void in the extant literature, this study seeks to examine how American Indian interests fared before the Supreme Court of the United States during the Burger and Rehnquist Courts (1969-1992 October terms) and attempts to discern the factors influencing their treatment. The findings indicate that while American Indian interests won 48% of their cases, the Burger Court was much more sympathetic than the Rehnquist Court to the plight of this politically disadvantaged group. The error correcting strategy, the ideological proclivities …
American Indian Interests And Supreme Court Agenda Setting: 1969-1992 October Terms, John R. Hermann
American Indian Interests And Supreme Court Agenda Setting: 1969-1992 October Terms, John R. Hermann
Political Science Faculty Research
A recent development in the judicial behavior literature on Supreme Court agenda setting is the examination of case selection within particular areas of the law. To that end, this study examines the Supreme Court's agenda-building process regarding American Indian Interests as a petitioning litigant during the 1969-1992 October terms. Using a multivariate logistic regression model, the findings indicate that judicial attitudes as manifested by the attitudinal model, the direct and third party briefs filed by the Solicitor General's office for and against American Indian interests, and the presence of a sovereignty issue were influential explanatory variables in the Supreme Court's …
The Clerk Connection: Appearances Before The Supreme Court By Former Law Clerks, Karen O'Connor, John R. Hermann
The Clerk Connection: Appearances Before The Supreme Court By Former Law Clerks, Karen O'Connor, John R. Hermann
Political Science Faculty Research
Judicial scholars long have examined the external factors influencing U.S. Supreme Court decision making. Congressional and executive pressures, the Office of the U.S. Solicitor General, attorney experience, and the tactics of organized interests all have been found to be influential.