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Full-Text Articles in Law
Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960’S And 70’S, Joe Custer
Joe Custer
This paper considers a research suggestion from Cass Sunstein to analyze segregation cases from the 1960's and 1970's and whether three hypothesis he projected in the article "Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation," 90 Va. L. Rev. 301 (2004), involving various models of judicial ideology, would pertain. My paper considers Sunstein’s three hypotheses in addition to other judicial ideologies to try to empirically determine what was influencing Federal Court of Appeals Judges in regard to Civil Rights issues, specifically school desegregation, in the 1960’s and 1970’s.
Populism, Democracy And Social Citizenship: Discourses On ‘Illegal Migration’ Or Beyond The ‘Fortress’ Versus ‘Cosmopolitanism’ Debate, Nicos Trimikliniotis
Populism, Democracy And Social Citizenship: Discourses On ‘Illegal Migration’ Or Beyond The ‘Fortress’ Versus ‘Cosmopolitanism’ Debate, Nicos Trimikliniotis
Nicos Trimikliniotis
This paper aims to connect articulations of ‘racism’ and ‘populism’ within discursive uses of ‘illegal immigration’ in the context of European-wide processes, which frame migrants as the ‘other’: such view have in fact become hegemonic over the recent years. The aim is to connect discourses of ‘illegal’ immigration to social phenomena, such as racist populism in democratic process and debates regarding social citizenship. The examination of the construction processes of exclusionary citizenship, both at European and at national level, via the discourses of undocumented migrant labour is a process that tends to racialise liberal democracy across Europe. Moreover, this process …
Signatures Of Ideology: The Case Of The Supreme Court's Criminal Docket, Ward Farnsworth
Signatures Of Ideology: The Case Of The Supreme Court's Criminal Docket, Ward Farnsworth
Michigan Law Review
Everyone suspects that Supreme Court justices' own views of policy play a part in their decisions, but the size and nature of the part is a matter of vague impression and frequent dispute. Do their preferences exert some pressure at the margin or are they better viewed as the mainsprings of decision? The latter claim, identified with legal realism, has been lent some support by political scientists who point out that some justices regularly vote for or against certain kinds of claims (for example, under the Fourth Amendment), or that votes in some areas are broadly predictable according to a …
The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer
The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer
Articles
In his essay, The 'Ideograph: A Link Between Rhetoric and Ideology', Michael Calvin McGee proposes that our system of beliefs is shaped through and expressed by words. We are consciously and unconsciously conditioned and controlled by the words we hear and use. Words carry ideology and convey and create meaning. Like Chinese characters, words are 'ideographs that 'signify' and 'contain' a unique ideological commitment', that is frequently unquestioned. McGee also suggests that by understanding that a single word can carry ideology and that ideology can be expressed in a single word, we are better able to expose and evaluate ideology …
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Michigan Law Review
William H. Rehnquist is not going to be Chief Justice forever - much to the chagrin of Republicans, no doubt. In the last century, Supreme Court Justices have retired, on average, at the age of seventy-one after approximately fourteen years on the bench. By the end of the term of the President we elect this November, Chief Justice Rehnquist will have served on the Supreme Court for thirty-two years and reached the age of eighty. The law of averages suggests that Chief Justice Rehnquist is likely to retire in the next presidential term. In addition to replacing Chief Justice Rehnquist, …