Law Commons^™

When Statutory Interpretation Becomes Precedent: Why Individual Rights Advocates Shouldn’T Be So Quick To Praise Bostock, Elena Schiefele

Washington and Lee Law Review

Justice Neil Gorsuch’s approach to textualism, which this Note will call “muscular textualism,” is unique. Most notably exemplified in Bostock v. Clayton County, muscular textualism is marked by its rigorous adherence to what Justice Gorsuch perceives to be the “plain language” of the text. Because Justice Gorsuch’s opinions exemplify muscular textualism in a structured and consistent manner, his appointment to the Supreme Court provides the forum from which he can influence the decision-making process of other members of the judiciary when they seek guidance from Supreme Court precedent. Accordingly, it is important for both advocates and judges to ...

العقيدة الإلهية في الفكر العربي, نور الدين جفال, باهي التركي

Dirassat

Title : Divinity doctrine in the Arab Thought

Many religious, social and anthropological studies show that divinity in societies in general and in Arab societies in particular is enmeshed with human existence itself. That is, from Adam and on , divinity in societies underwent several changes. The prophets were the one charged to correct doctrines throughout human history .Nowadays, contemporary reality tells us that The Holy Prophet Muhammad is the seal of all prophets and that no other divine prophet will follow both in the Arab world or elsewhere.

“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom

The Journal of Appellate Practice and Process

No abstract provided.

Politics, Identity, And Pleadings Decisions On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

We report the results of an empirical study of appeals from rulings on motions to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) after the Supreme Court’s decisions in Twombly and Iqbal. We first describe the role that pleading was intended to play in the original (1938) Federal Rules of Civil Procedure, review the Court’s decisions in Twombly and Iqbal, and offer a brief discussion of common themes in normative scholarship that is critical of Twombly and Iqbal, including the claim that they threaten to amplify ideological and subjective decision-making ...

Can Small Donations Have Big Consequences? Candidate Ideology, Small Donations, And Election Results In The 2016 And 2018 Congressional Cycles, Michael Borecki

Honors Projects

Small donors have provided an increased share of total campaign contributions in the 2016, 2018, and 2020 U.S. federal election cycles, including about $3 billion of the $14.4 billion raised in 2020. Campaign funding is still dominated by an influential set of large donors, but small donations may be the basis for an effective response to the disproportionate amount of “big money” in politics. This study investigates whether candidates who are more extreme perform better with small donors, and then examines the impact of small donations and overall funding on election results. These analyses were performed using linear ...

Resisting ‘Raid-And-Rescue’: Capturing The Ideograph Of Victimhood In Nevada Law A.B. 166, Samantha Thies

UNLV Theses, Dissertations, Professional Papers, and Capstones

Critical rhetoricians and legal communication studies scholars have long recognized that rhetoric and ideology are inherent to legal structures, shaping legislation and impacting the lives of those such laws are meant to address. Fewer look to, not just civic discourses, but also the vernacular discourse surrounding such institutions, shaping the ideologies that support it. There is a need, however, for the study of outlaw discourses to both help define ideographs and challenge their very existence through contrasting outlaw and hegemonic logics. Thus, this thesis examines debates over A.B. 166, a Nevada state law meant to alleviate sex trafficking, by ...

The Influence Of The Chinese Government's Political Ideology In The Field Of Corporate Environmental Reporting, Hui Situ, Carol Tilt, Pi-Shen Seet

Research outputs 2014 to 2021

© 2020, Hui Situ, Carol Tilt, Pi-Shen Seet. Purpose: In a state capitalist country such as China, an important influence on company reporting is the government, which can influence company decision-making. The nature and impact of how the Chinese government uses its symbolic power to promote corporate environmental reporting (CER) have been under-studied, and therefore, this paper aims to address this gap in the literature by investigating the various strategies the Chinese government uses to influence CER and how political ideology plays a key role. Design/methodology/approach: This study uses discourse analysis to examine the annual reports and corporate social ...

Justifying Bad Deals, Tess Wilkinson-Ryan

Faculty Scholarship at Penn Law

In the past decade, psychological and behavioral studies have found that individual commitment to contracts persists beyond personal relationships and traditional promises. Even take-it-or-leave it consumer contracts get substantial deference from consumers — even when the terms are unenforceable, even when the assent is procedurally compromised, and even when the drafter is an impersonal commercial actor. Indeed, there is mounting evidence that people import the morality of promise into situations that might otherwise be described as predatory, exploitative, or coercive. The purpose of this Article is to propose a framework for understanding what seems to be widespread acceptance of regulation via ...

Christianity And The International Economic Order, Daniel A. Crane

Book Chapters

The relationship between Christianity and the global economic order is murky. The influence of certain Christian thinkers can be seen in certain aspects of the international economic system, but it would be difficult to sustain the case that the system pervasively reflects a Christian character. There is little ongoing engagement between formal Christian institutions (churches or church groups) and formal political institutions such as the WTO, IMF, or World Bank, because the work of elite global political institutions has become technical, technocratic, and specialized. At a retail level, Christians of course exert influence on the global economy in their capacities ...

'"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng

Neal E. Devins

This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to overcome the two principal limitations on existing empirical studies that purport to find such an influence: the use of nonexperimental methods to assess the decisions of actual judges; and the failure to use actual judges in ideologically-biased-reasoning experiments. The study involved a sample of sitting judges (n = 253), who, like members of a general public sample (n = 800), were culturally polarized on climate change, marijuana legalization and other contested issues. When the study subjects were assigned to analyze statutory interpretation ...

He New Oral Argument: Justices As Advocates, Matthew Sag, Tonja Jacobi

Faculty Publications & Other Works

This Article conducts a comprehensive empirical inquiry of fifty-five years of Supreme Court oral argument, showing that judicial activity has increased dramatically, in terms of words used, duration of speech, interruptions made, and comments proffered. The Court is asking no more questions of advocates; instead, the justices are providing conclusions and rebutting their colleagues. In addition, the justices direct more of their comments and questions to the side with whom they ultimately disagree. Furthermore, “losing” justices, be it ideological camps that are outnumbered on the Court or dissenters in specific cases, use oral arguments to push back against the dominant ...

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

Faculty Scholarship at Penn Law

Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as ...

Approaches Of The Republic Of Uzbekistan To Combating Extremism Among The Youth, Sh Ruziev

ProAcademy

In contemporary conflict ridden world the struggle against extremism within youth environment has become increasingly more multifaceted, preventive and unconditionally obligatory in the context of state youth policy implementation. The task of early prevention of the likelihood of adolescents and young people of Uzbekistan falling under the Influence of violent ideology !s carried out by Joint efforts of state and public organizations with the active involvement of the general public and, especially, its most active layer — the youth themselves. Such a comprehensive and integrated policy, which has its own internal and international aspects, represents a unique experience that has become ...

Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry

Suzanna Sherry

Sherry presents information concerning the labeling of court decisions as being liberal or conservative victories. Because each case can be viewed in different aspects of liberalism and conservatism, it is more appropriate to simply recognize that there are important, non-ideological values at stake on both sides of each case.

Judicial Peremptory Challenges As Access Enhancers, Jeffrey W. Stempel

Scholarly Works

Discussions regarding diminishing access to justice have centered on the high disputing costs, gradual contraction of substantive rights, and increasingly defendant-friendly procedure. The importance of the ideological, experiential, and jurisprudential orientation of the judges presiding over litigation at the trial level has received much less-and insufficient-attention. Because so much focus has been on federal appellate courts, commentators have largely overlooked a potentially powerful tool for improving access and promoting a fair airing of claims at the trial level: a litigant's automatic ability to transfer a case to a different judge as a matter of right to avoid judges who ...

The Ideology Of Human Rights, Makau Wa Mutua

Makau Mutua

This piece argues that although human rights is an ideology although it presents itself as non-ideological, non-partisan, and universal. It contends that the human rights corpus, taken as a whole, as a document of ideals and values, particularly the positive law of human rights, requires the construction of states to reflect the structures and values of governance that derive from Western liberalism, especially the contemporary variations of liberal democracy practiced in Western democracies. Viewed from this perspective, the human rights regime has serious and dramatic implications for questions of cultural diversity, the sovereignty of states, and the universality of human ...

Savages, Victims, And Saviors: The Metaphor Of Human Rights, Makau Mutua

Makau Mutua

This article critically looks at the human rights project as a damning three-dimensional metaphor that exposes multiple complexes. It argues that the grand narrative of human rights contains a subtext which depicts an epochal contest pitting savages, on the one hand, against victims and saviors, on the other. The savages-victims-saviors (SVS) construction lays bare some of the hypocrisies of the human rights project and asks human rights thinkers and advocates to become more self-reflective. The piece questions the universality and cultural neutrality of the human rights project. It calls for the construction of a truly universal human rights corpus, one ...

Economy Of Exclusion: Global Perspectives On Pope Francis On Capitalism, Charles Clark

Journal of Vincentian Social Action

Twenty-eight years after the fall of communism and final victory of capitalism, there is increasing unease with the ideology and lived reality of capitalism around the world, and even in America (the Cold War victor). While it is impossible for any one entry to fully represent a continent’s perspective, it is hoped that geographic diversity will also reflect the diversity in the lived experience of capitalism. In challenging capitalism, Pope Francis is thus joining a long tradition of popes who have critiqued both the ideal and the reality of it. The values of capitalism are those that led the ...

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based ...

Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss

Articles

No abstract provided.

Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Sean Farhang

The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to ...

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 ...

Book Review Of "Versions Of Academic Freedom" By Stanley Fish, Michael Robertson

Journal of Legal Education

No abstract provided.

'"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng

Faculty Publications

This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to overcome the two principal limitations on existing empirical studies that purport to find such an influence: the use of nonexperimental methods to assess the decisions of actual judges; and the failure to use actual judges in ideologically-biased-reasoning experiments. The study involved a sample of sitting judges (n = 253), who, like members of a general public sample (n = 800), were culturally polarized on climate change, marijuana legalization and other contested issues. When the study subjects were assigned to analyze statutory interpretation ...

Preemption In The Rehnquist And Roberts Courts: An Empirical Analysis, Michael Greve, Jonathan Klick, Michael A. Petrino, J. P. Sevilla

Faculty Scholarship at Penn Law

This article presents an empirical analysis of the Rehnquist Court’s and the Roberts Court’s decisions on the federal (statutory) preemption of state law. In addition to raw outcomes for or against preemption, we examine cases by subject-matter, level of judicial consensus, tort versus regulatory preemption, party constellation, and origin in state or federal court. We present additional data and analysis on the role of state amici and of the U.S. Solicitor General in preemption cases, and we examine individual justices’ voting records. Among our findings, one stands out: over time and especially under the Roberts Court, lawyerly ...

Standing The Test Of Time: The Breadth Of Majority Coalitions And The Fate Of U.S. Supreme Court Precedents, Stuart Benjamin, Bruce Desmarais

Bruce A. Desmarais

Should a strategic Justice assemble a broader coalition for the majority opinion than is necessary, even if that means accommodating changes that move the opinion away from the author’s ideal holding? If the author’s objective is to durably move the law to his or her ideal holding, the conventional answer is no, because there is a cost and no corresponding benefit. We consider whether attracting a broad majority coalition can placate future courts. Controlling for the size of the coalition, we find that cases with ideologically narrow coalitions are more likely to be treated negatively by later courts ...

British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel

Dan Priel

There has been a notable shift in the scope of negligence liability of public authorities in the Post War period. Notably there was a trend toward restriction of liability in the 1980s. This essay tries to explain why this happened not by focusing on changing legal formulas but by examining the political context of the law in this area. I begin the essay by demonstrating how changes in the attitudes toward the role of the state have led to the changes in the law in this area. I then go on to examine the impact of Thatcher’s ascent to ...

The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi

Tonja Jacobi

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 ...

Book Review: Political Crime In Europe: A Comparative Study Of France, Germany And England. Barton L. Ingraham. University Of California-Berkeley Press, 1979., Albert M. Pearson Iii

Georgia Journal of International & Comparative Law

No abstract provided.

Ideology 'All The Way Down'? An Empirical Study Of Establishment Clause Decisions In The Federal Courts, Gregory Sisk, Michael Heise

Michael Heise

As part of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied Establishment Clause rulings by federal court of appeals and district court judges from 1996 through 2005. The powerful role of political factors in Establishment Clause decisions appears undeniable and substantial, whether celebrated as the proper integration of political and moral reasoning into constitutional judging, shrugged off as mere realism about judges being motivated to promote their political attitudes, or deprecated as a troubling departure from the aspirational ideal of neutral and impartial judging. In the context of Church and State cases in ...