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Full-Text Articles in Law
The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi
The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi
William & Mary Law Review
Describing the Justices of the Supreme Court as liberals and conservatives has become so standard and the left-right division on the Court is considered so entrenched that any deviation from that pattern is treated with surprise. Attentive Court watchers know that the Justices are not just politicians in robes, deciding each case on a purely ideological basis. Yet the increasingly influential empirical legal studies literature assumes just that that a left-right ideological dimension fully describes the Supreme Court. We show that there is a second, more legally-focused dimension of judicial decision making. A continuum between legalism and pragmatism also divides …
The First Amendment As Ideology, Frederick Shauer
The First Amendment As Ideology, Frederick Shauer
William & Mary Law Review
No abstract provided.