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Full-Text Articles in Social and Behavioral Sciences
Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John R. Hermann
Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John R. Hermann
Political Science Faculty Research
The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.
Adam Smith And Entangled Political Economy, Maria Pia Paganelli
Adam Smith And Entangled Political Economy, Maria Pia Paganelli
Economics Faculty Research
Entangled Political Economy, the idea that the economy and the polity are a nexus of interrelations often with unplanned outcomes, is close to the concept of economics that Adam Smith presents, a concept which was not shaped by strict discipline barriers. I show that Adam Smith analyzes the nature and causes of the wealth of nations by analyzing the interaction of the economy with politics, ethics, and the law. In particular, Smith presents each of these systems as a network of relations with all the other systems: the economy is entangled not just with the polity, but also with other …
American Indians And The Burger Court, John R. Hermann, Karen O'Connor
American Indians And The Burger Court, John R. Hermann, Karen O'Connor
Political Science Faculty Research
Objective. Like many politically disadvantaged groups, American Indian interests have turned to the courts when they lack access or clout in the electoral process. Unlike many ocher disadvantaged groups, the litigation activities of American Indian interests have failed to garner much scholarly attention. The purpose of this research is to examine how American Indian interests fared before the Burger Court (1969-85 October terms). Methods. The 63 full opinion cases regarding issues critical to American Indian interests were identified by examining the United States Reports. Each case was coded as whether or not the Court decided in favor of …
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.