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Social and Behavioral Sciences Commons™
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Articles 1 - 4 of 4
Full-Text Articles in Social and Behavioral Sciences
Law And Ideology In The U.S. Courts Of Appeals Judicial Review Of Federal Agency Decisions, Jerry D. Thomas
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 legal …
The Legal Origins Theory In Crisis, Lisa Fairfax
The Legal Origins Theory In Crisis, Lisa Fairfax
All Faculty Scholarship
The Legal Origins Theory purports to predict how countries respond to economic and social problems. Specifically, the legal origins of the United States should strongly influence the manner it approaches economic problems and its approach should be distinct from the response of civil law countries. If the theory is accurate, America's legal tradition should have a profound impact on its response to the crisis. This Article seeks to test the boundaries of the theory by assessing whether it could have predicted the manner the U.S. responded to the current economic crisis. After analyzing the U.S. response to the crisis, this …
Reconsidering The Legality Of Humanitarian Intervention: Lessons From Kosovo, Julie Mertus
Reconsidering The Legality Of Humanitarian Intervention: Lessons From Kosovo, Julie Mertus
William & Mary Law Review
No abstract provided.
Still A Solution: In Further Support Of Spending Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
Still A Solution: In Further Support Of Spending Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
William & Mary Law Review
No abstract provided.