Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Social and Behavioral Sciences

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins Sep 2019

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Neal E. Devins

No abstract provided.


Tom Delay: Popular Constitutionalist?, Neal Devins Sep 2019

Tom Delay: Popular Constitutionalist?, Neal Devins

Neal E. Devins

No abstract provided.


The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Sep 2019

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Neal E. Devins

No abstract provided.


Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins Sep 2019

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Neal E. Devins

No abstract provided.


Split Definitive, Lawrence Baum, Neal Devins Sep 2019

Split Definitive, Lawrence Baum, Neal Devins

Neal E. Devins

For the first time in a century, the Supreme Court is divided solely by political party.


Regulation Of Government Agencies Through Limitation Riders, Neal Devins Sep 2019

Regulation Of Government Agencies Through Limitation Riders, Neal Devins

Neal E. Devins

Congress often attaches limitation riders to appropriations bills to establish its policy directives. Professor Devins argues that the appropriations process is not the proper vehicle for substantive policymaking. In this article, he analyzes institutional characteristics that prevent the full consideration or articulation of policy in appropriations bills. Professor Devins also considers the extent to which Congress's use of limitation riders inhibits the effectiveness of the other branches of the federal government. Professor Devins concludes that, while Congress's use of limitation riders is sometimes necessary, Congress should be aware of the significant risks associated with policymaking through the appropriations process.


Why Congress Does Not Challenge Judicial Supremacy, Neal Devins Sep 2019

Why Congress Does Not Challenge Judicial Supremacy, Neal Devins

Neal E. Devins

Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other …


Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins Sep 2019

Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins

Neal E. Devins

Supreme Court Justices care more about the views of academics, journalists, and other elites than they do about public opinion. This is true of nearly all Justices and is especially true of swing Justices, who often cast the critical votes in the Court’s most visible decisions. In this Article, we will explain why we think this is so and, in so doing, challenge both the dominant political science models of judicial behavior and the significant work of Barry Friedman, Jeffrey Rosen, and others who link Supreme Court decision making to public opinion.


Don't Write Off The Reagan Social Agenda, Neal Devins Sep 2019

Don't Write Off The Reagan Social Agenda, Neal Devins

Neal E. Devins

No abstract provided.


Diminished Luster In Escambia County?, Neal Devins Sep 2019

Diminished Luster In Escambia County?, Neal Devins

Neal E. Devins

No abstract provided.


How State Supreme Courts Take Consequences Into Account: Toward A State-Centered Understanding Of State Constitutionalism, Neal Devins Sep 2019

How State Supreme Courts Take Consequences Into Account: Toward A State-Centered Understanding Of State Constitutionalism, Neal Devins

Neal E. Devins

No abstract provided.


The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins Sep 2019

The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins

Neal E. Devins

No abstract provided.


Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins Sep 2019

Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins

Neal E. Devins

No abstract provided.


Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins Sep 2019

Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal Devins

Neal E. Devins

No abstract provided.


A Symbolic Balanced Budget Amendment, Neal Devins Sep 2019

A Symbolic Balanced Budget Amendment, Neal Devins

Neal E. Devins

No abstract provided.


A Loss Of Control: Privilege Cases Diminish Presidential Power, Neal Devins Sep 2019

A Loss Of Control: Privilege Cases Diminish Presidential Power, Neal Devins

Neal E. Devins

No abstract provided.


Budget Reform And The Balance Of Powers, Neal Devins Sep 2019

Budget Reform And The Balance Of Powers, Neal Devins

Neal E. Devins

No abstract provided.