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Social and Behavioral Sciences Commons™
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Articles 1 - 16 of 16
Full-Text Articles in Social and Behavioral Sciences
Court-Packing Time? Supreme Court Legitimacy And Positivity Theory, Stephen M. Feldman
Court-Packing Time? Supreme Court Legitimacy And Positivity Theory, Stephen M. Feldman
Buffalo Law Review
Many progressives have decided they need to change the Supreme Court to break the conservative justices’ lock on judicial power. Yet those same progressives disagree about the best way to change the Court. This Essay begins by comparing straight-forward court-packing—adding justices to shift the partisan balance on the Court—to other possible Court changes, such as court-curbing measures that would reduce the Court’s power. Court-packing has multiple advantages over these other possibilities, not the least of which is that even the current Roberts Court would almost certainly hold court-packing, unlike other potential changes, to be constitutional. Even so, some progressives view …
The Sources And Consequences Of Political Rhetoric: Issue Importance, Collegial Bargaining, And Disagreeable Rhetoric In Supreme Court Opinions, Michael A. Zilis, Justin Wedeking
The Sources And Consequences Of Political Rhetoric: Issue Importance, Collegial Bargaining, And Disagreeable Rhetoric In Supreme Court Opinions, Michael A. Zilis, Justin Wedeking
Political Science Faculty Publications
How do political actors use rhetoric after an initial policy battle? We explore factors that lead Supreme Court justices to integrate disagreeable rhetoric into opinions. Although disagreeable language has negative consequences, we posit that justices pay this cost for issues with high personal significance. At the same time, we argue that integrating disagreeable rhetoric has a deleterious effect on the institution by reducing majority coalition size. Examining opinions from 1946 to 2011 using text-based measures of disagreeable rhetoric, we model the language of opinion writing as well as explore the consequences for coalition size. Our findings suggest serious implications for …
Models Of Pre-Promulgation Review Of Legislation, Rachel Myers
Models Of Pre-Promulgation Review Of Legislation, Rachel Myers
Indiana Journal of Constitutional Design
Pre-promulgation review seeks to harmonize legislation with the constitution by engaging in a dialogue among government institutions that seeks to prevent unconstitutional legislation from becoming law. Pre-promulgation review is an integral part of the lawmaking process, and this study seeks to unite scholarship on different methods of this review in a comparative survey to assist lawyers, policymakers, and scholars. A wide range of institutions may fulfill the function of reviewing proposed legislation for compliance with the constitution or other codes of national importance prior to their passage into law. Because of this diversity, scholarship on the topic of pre-promulgation review …
Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa
Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley
Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley
Washington and Lee Law Review
Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …
Steiner V. Utah: Designing A Constitutional Remedy, Michael S. Knoll, Ruth Mason
Steiner V. Utah: Designing A Constitutional Remedy, Michael S. Knoll, Ruth Mason
All Faculty Scholarship
In an earlier article, we argued that the Utah Supreme Court failed to follow and correctly apply clear U.S. Supreme Court precedent in Steiner v. Utah when the Utah high court held that an internally inconsistent and discriminatory state tax regime did not violate the dormant commerce clause. Unfortunately, the Supreme Court recently declined certiorari in Steiner, but the issue is unlikely to go away. Not every state high court will defy the U.S. Supreme Court by refusing to apply the dormant commerce clause, and so the Court will sooner or later likely find itself facing conflicting interpretations of …
The Court Should Not Let Politically Divided Times Affects Its Choices And Decisions, Erwin Chemerinsky
The Court Should Not Let Politically Divided Times Affects Its Choices And Decisions, Erwin Chemerinsky
William & Mary Law Review
The Court should not let politically divided times affect its choices or decisions. Altering the Court’s role in politically divided times would require a definition of what qualifies as such an era and a theory of how to act in such times. Almost every era in American history could be deemed a politically divided time. Changing the Court’s role in politically divided times is inconsistent with its preeminent role: interpreting and enforcing the Constitution. This role does not change, and should not change, in politically charged moments. Indeed, history shows that the Court cannot know what is likely to lessen …
The Wealth Tax: Apportionment, Federalism, And Constitutionality, Alex Zhang
The Wealth Tax: Apportionment, Federalism, And Constitutionality, Alex Zhang
Faculty Articles
Proposals of wealth taxation as a mechanism to combat economic inequality and raise revenue for welfare programs have dominated recent political debate. Despite extensive academic commentary, questions surrounding the constitutionality of a wealth tax remain unresolved. Previous scholarly approaches have drawn a dichotomy between two key cases. Supporters of the wealth tax emphasize Hylton's functional rule for identifying direct taxes, which must be apportioned under the Constitution, and reject Pollock, which invalidated the federal income tax on the grounds that it was a direct tax. Opponents of the wealth tax, in contrast, argue that Pollock, rather than …
Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters
Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters
All Faculty Scholarship
Over the last fifty years, the U.S. Environmental Protection Agency (EPA) has found itself repeatedly defending its regulations before federal judges. The agency’s engagement with the federal judiciary has resulted in prominent Supreme Court decisions, such as Chevron v. NRDC and Massachusetts v. EPA, which have left a lasting imprint on federal administrative law. Such prominent litigation has also fostered, for many observers, a longstanding impression of an agency besieged by litigation. In particular, many lawyers and scholars have long believed that unhappy businesses or environmental groups challenge nearly every EPA rule in court. Although some empirical studies have …
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
Stationary Distribution Of Recombination On 4x4 Grid Graph As It Relates To Gerrymandering, Camryn Hollarsmith
Stationary Distribution Of Recombination On 4x4 Grid Graph As It Relates To Gerrymandering, Camryn Hollarsmith
Scripps Senior Theses
A gerrymandered political districting plan is used to benefit a group seeking to elect more of their own officials into office. This practice happens at the city, county and state level. A gerrymandered plan can be strategically designed based on partisanship, race, and other factors. Gerrymandering poses a contradiction to the idea of “one person, one vote” ruled by the United States Supreme Court case Reynolds v. Sims (1964) because it values one demographic’s votes more than another’s, thus creating an unfair advantage and compromising American democracy. To prevent the practice of gerrymandering, we must know how to detect a …
The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang
The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang
Scripps Senior Theses
This thesis attempts to offer an alternative constitutional argument to Roe v Wade by focusing on the economic liberties granted by the 14th Amendment. By highlighting the connection between reproductive healthcare (abortion access, the pill) and women's economic development, this thesis presents an alternative argument to Roe.
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
Telling The Story Of Justice Sandra Day O'Connor, Susan Frelich Appleton
Telling The Story Of Justice Sandra Day O'Connor, Susan Frelich Appleton
Scholarship@WashULaw
Appearing as part of the WASHINGTON UNIVERSITY JOURNAL OF LAW and POLICY’s celebration of the sesquicentennial of the first women law students, this brief review critically examines FIRST: SANDRA DAY O’CONNOR, a biography by Evan Thomas. The review follows two themes highlighted by the book, intimacy and gender, and finds the author's treatment of the latter especially problematic. (A shorter version of the review appeared under the title How One Glass Ceiling Was Broken, COMMON READER (Nov. 20, 2019).
The Defender General, Daniel Epps, William Ortman
The Defender General, Daniel Epps, William Ortman
Scholarship@WashULaw
The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the Supreme Court of the United States. The Supreme Court is effectively our nation’s chief regulator of criminal justice. But in the battle to influence the Court’s rulemaking, government interests have substantial structural advantages. As compared to counsel for defendants, government lawyers—and particularly those from the U.S. Solicitor General’s office—tend to be more experienced advocates who have more credibility with the Court. Most importantly, government lawyers can act strategically to play for bigger long-term victories, while defense lawyers must zealously advocate …