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Articles 1 - 30 of 102
Full-Text Articles in Law
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
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
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
Neal E. Devins
No abstract provided.
Split Definitive, Lawrence Baum, Neal Devins
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.
On Difference And Equality, Cynthia V. Ward
Why Congress Does Not Challenge Judicial Supremacy, Neal Devins
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 …
Diminished Luster In Escambia County?, Neal Devins
Diminished Luster In Escambia County?, Neal Devins
Neal E. Devins
No abstract provided.
Immature Citizens And The State, Vivian E. Hamilton
Immature Citizens And The State, Vivian E. Hamilton
Vivian E. Hamilton
Citizens are born, but they are also made. How its citizens come to be—whether the educations they receive will expand or constrain their future options, whether the values they assimilate will encourage or dissuade their civic engagement, etc.—fundamentally concerns the state. Through the power it wields over a vast range of policymaking contexts, the state can significantly influence (or designate those who will influence) many of the formative experiences of young citizens. Young citizens’ accumulated experiences in turn can significantly influence the future mature citizens they will become. The state insufficiently considers the cumulative nature of its citizens’ development, however. …
The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins
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
Bearing False Witness: The Clinton Impeachment And The Future Of Academic Freedom, Neal Devins
Neal E. Devins
No abstract provided.
A Loss Of Control: Privilege Cases Diminish Presidential Power, Neal Devins
A Loss Of Control: Privilege Cases Diminish Presidential Power, Neal Devins
Neal E. Devins
No abstract provided.
The Senate: Out Of Order?, Aaron-Andrew P. Bruhl
The Senate: Out Of Order?, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
Due to the routine use of the filibuster and related devices, today’s Senate operates as a supermajoritarian body. This Symposium Article considers whether this supermajoritarian aspect of the Senate renders it dysfunctional and, if so, what can be done about it. I contend that the Senate is indeed broken. Its current supermajoritarian features have pernicious effects. Further, and contrary to the claims of many of the Senate’s defenders, this aspect of the Senate is not part of the original design. I go on to explain why the Senate’s procedures, despite their deficiencies, have nonetheless proven resistant to reform. The impediment …
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Sean Farhang
This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …
“Bullets Of Truth”: Julian Assange And The Politics Of Transparency, Mark Fenster
“Bullets Of Truth”: Julian Assange And The Politics Of Transparency, Mark Fenster
Mark Fenster
Feed: State Transparency Amidst Informational Surplus, Mark Fenster
Feed: State Transparency Amidst Informational Surplus, Mark Fenster
Mark Fenster
Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts
Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts
C. Heike Schotten
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito
Natsu Taylor Saito
The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …
"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Ran Smith
"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Ran Smith
Shyam K. Sriram (ssriram@butler.edu)
No abstract provided.
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James
Angela Onwuachi-Willig
No abstract provided.
Strange Bedfellows: How An Anticipatory Countermovement Brought Same-Sex Marriage Into The Public Arena, Michael C. Dorf, Sidney Tarrow
Strange Bedfellows: How An Anticipatory Countermovement Brought Same-Sex Marriage Into The Public Arena, Michael C. Dorf, Sidney Tarrow
Michael C. Dorf
Since the 1980s, social movement scholars have investigated the dynamic of movement/countermovement interaction. Most of these studies posit movements as initiators, with countermovements reacting to their challenges. Yet sometimes a movement supports an agenda in response to a countermovement that engages in what we call “anticipatory countermobilization.” We interviewed ten leading LGBT activists to explore the hypothesis that the LGBT movement was brought to the fight for marriage equality by the anticipatory countermobilization of social conservatives who opposed same-sex marriage before there was a realistic prospect that it would be recognized by the courts or political actors. Our findings reinforce …
I Share, Therefore It's Mine, Donald J. Kochan
I Share, Therefore It's Mine, Donald J. Kochan
Donald J. Kochan
The Middle Class, Urban Schools And Choice, Michael Lewyn
The Middle Class, Urban Schools And Choice, Michael Lewyn
Michael E Lewyn
The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire
The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire
Laura Moyer
This study of appellate advocacy examines factors that affect judicial treatment of precedents identified in litigant briefs. Although we find some attorney and party characteristics influence whether a court addresses precedent cited by a party, legal resources are not as influential in determining whether the court adopts a party’s use of a precedent. At times, ideological congruence between the circuit panel and the litigant can increase the likelihood that the court’s opinion will use a precedent in the same way as presented by the litigants. There is also some support for the importance of attorney experience. Even when their clients …
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley
Laura Moyer
The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.
Competing Social Movements And Local Political Culture : Voting On Ballot Propositions To Ban Same-Sex Marriage., Arnold Fleischmann, Laura Moyer
Competing Social Movements And Local Political Culture : Voting On Ballot Propositions To Ban Same-Sex Marriage., Arnold Fleischmann, Laura Moyer
Laura Moyer
Objective: This paper uses social movement theory to explain variation in local support for proposed constitutional amendments to ban same-sex marriage in 22 states during 2004 and 2006. Methods: The analysis uses OLS regression with county-level data to explain variation in local support for the amendments. Results: Support for the amendments in both years was positively related to the proportion of a county that was evangelical or Republican, but negatively related to its level of education and proportion of Catholics. Amendment support was positively related in only one year to the percentage of a county’s population that was professional, young, …
Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer
Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer
Laura Moyer
While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal …
Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire
Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire
Laura Moyer
This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Laura Moyer
This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.
The Role Of Case Complexity In Judicial Decision Making., Laura P. Moyer
The Role Of Case Complexity In Judicial Decision Making., Laura P. Moyer
Laura Moyer
The literature on ideology and decision making offers conflicting expectations about how judges’ ideology should affect their votes in cases that raise many legal issues. Using cases from the U.S. Courts of Appeals, I examine the strength of ideology as a predictor of sincere voting in single and multi-issue cases and test whether the same effect for ideology can be seen for liberal and conservative judges. For all judges, ideology yields a larger effect as the number of issues increases; however, conservative judges are much more likely than liberal judges to cast sincere votes at all levels of complexity.
The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang
The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang
Sean Farhang
This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …