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Full-Text Articles in Law
Partisan Voting On The California Supreme Court, Mark P. Gergen, David A. Carrillo, Benjamin M. Chen, Kevin M. Quinn
Partisan Voting On The California Supreme Court, Mark P. Gergen, David A. Carrillo, Benjamin M. Chen, Kevin M. Quinn
Faculty Articles
When did ideology become the major fault line of the California Supreme Court? To answer this question, we use a two-parameter item response theory (IRT) model to identify voting patterns in non-unanimous decisions by California Supreme Court justices from 1910 to 2011. The model shows that voting on the court became polarized on recognizably partisan lines beginning in the mid-1900s. Justices usually did not vote in a pattern that matched their political reputations and party affiliation during the first half of the century. This began to change in the 1950s. After 1959 the dominant voting pattern is partisan and closely …
The Uncertain Effects Of Senate Confirmation Delays In The Agencies, Nina A. Mendelson
The Uncertain Effects Of Senate Confirmation Delays In The Agencies, Nina A. Mendelson
Articles
As Professor Anne O’Connell has effectively documented, the delay in Senate confirmations has resulted in many vacant offices in the most senior levels of agencies, with potentially harmful consequences to agency implementation of statutory programs. This symposium contribution considers some of those consequences, as well as whether confirmation delays could conceivably have benefits for agencies. I note that confirmation delays are focused in the middle layer of political appointments—at the assistant secretary level, rather than at the cabinet head—so that formal functions and political oversight are unlikely to be halted altogether. Further, regulatory policy making and even agenda setting can …
A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe
A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe
Mahurin Honors College Capstone Experience/Thesis Projects
This thesis explores the relationship between judicial independence and judicial accountability by investigating the question of how selection methods shape state appellate court decisions. I conducted a case study using the states of Tennessee and Kentucky and the judicial selection methods of appointments and elections. I then conducted a sample of cases and did a comparative quantitative analysis of reversal records between the two states in the hopes of finding a statistical difference from my research. The debate between judicial selection methods is not a simple question and this thesis alone cannot provide the answer, but I hope that my …
Delegate Selection Reform And The Extension Of Law Into Politics, Joseph Vining
Delegate Selection Reform And The Extension Of Law Into Politics, Joseph Vining
Articles
The fact that the 1972 presidential election introduced the formalities and some of the ideals of law into the gestation of national political power has been overshadowed by revelations about other aspects of the election campaign. But it will not be long before power will have to be organized and generated again from apartment blocks, meeting halls, and coffee parties, and ultimately incarnated in another President. At some point hearing examiners for the National Democratic Party will appear again in various communities. Rules will be studied, records made, and appeals taken, all for the purpose of deliberately deciding who may …
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system.
How May Presidential Electors Be Appointed?, Bradley M. Thompson
How May Presidential Electors Be Appointed?, Bradley M. Thompson
Articles
For more than half a century presidential electors have been chosen upon a general ticket in all the states. This was not the uniform practice at first. Judge Cooley in the last number of the JOU11NAL makes it clear that at least four different methods were at first adopted, one of them, the "district system," being that selected by the last legislature of Michigan. Following Judge Cooley's article is one by Gen. B. M. Cutcheon attacking this system on two grounds: First, that it is in conflict with the Constitution of the United States; and, secondly, that it is mischievous …
The New Federal Administration, Thomas M. Cooley
The New Federal Administration, Thomas M. Cooley
Articles
After four months of feverish excitement and anxious and depressing expectancy, during which no one could anticipate what a day might bring forth, and the prophets of evil with general accord tuned their voices to disaster, the heart of the nation made a great leap for joy when President Hayes, on the steps of the Capitol, proclaimed his firm purpose to carry into practical operation the pledges contained in his letter of acceptance. The mists which hung over the political affairs of the nation at once disappeared, the depression gave way to cheerful confidence, and dangerous excitement was supplanted by …