Law Commons^™

Political Theory, Activism, And Visual Media: The Ideology Of Protest Symbols, Jilly E. Crane-Mauzy Mx.

Whittier Scholars Program

Art changes culture while policy codifies it. Radical revolutionary movements are often accompanied by equally radical shifts in art and design. I cataloged, compared, and contrasted the semiotic power of three specific symbols and their most significant historical moments in the United States. Through the examination of; Stonewall, The Equality March March Against Death, The Day The World Said No To War, The 1968 Summer Olympics, and The 2020 Black Lives Matter, the shifting of each ideologies symbol from inflammation in the media to recognition showcases the clarifying function along with creating unity and pride in community that is integral …

Alternative Facts: The Strategy Of Judicial Rhetoric, Tonja Jacobi, Eryn Mascia

Emory Law Journal

Studies have established the influence of ideology on the answers justices give to legal questions; this study shows that the questions themselves are often selected, framed, and phrased in a way that promotes ideologically-driven answers. By examining a variety of linguistic techniques used to describe just the facts of constitutional criminal procedure cases—separate from the legal analysis—we show the justices are engaging in highly strategic behavior. The facts included, omitted, or emphasized vary with the ideology of the justices and are predictable not just based on voting behavior in other criminal procedure cases but in all Supreme Court cases. We …

An Essay On Ideology And Legal Education In Micro Jurisdictions: The Example Of Jersey, David Marrani

Journal of Civil Law Studies

This article explores the question of legal education in micro jurisdictions using the case of Jersey, a British Crown Dependency, positioned geographically, historically and culturally between two larger jurisdictions, France and the UK. It analyses how Jersey’s legal training is pulled towards those large “big neighbours,” rather than focusing on what makes its specificity and attraction. It questions how legal education in micro-jurisdiction is actually linked to ideology. The article starts with the following question: are we taking micro jurisdictions seriously? It then considers the routes to legal qualification in micro jurisdictions, before focusing specifically on the case of Jersey …

News Treatment Of The Supreme Court: Language Selection, Ideological Directions, And Public Support, Alexander Denison

Theses and Dissertations--Political Science

In an increasingly diverse media landscape, how much of the ideological trends seen in current news reporting affect coverage of the U.S. Supreme Court? This work examines two different aspects of the Court's activities, their decisions and the confirmation hearings of Court nominees, analyzing what factors, if any, lead to differences in coverage language. Finally, through the use of a survey experiment, I analyze whether these differences in language, in combination with positive symbolic imagery, affect attitudes toward the institution. This work provides a novel consideration of whether the Court is subject to the same ideological slant found in coverage …

The Ideological Divide On Gun Regulation, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

This article examines survey results on how ideology and vulnerability affect attitudes toward gun regulation. It finds that ideology is more of a driver of differences in these views than the personal risk of gun violence. Nonetheless, the survey data find majority support among opposed political groups for some gun regulations-- including some of the regulations incorporated in the new federal legislation.

Bridges Of Law, Ideology, And Commitment, Steven L. Winter

Touro Law Review

Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …

Liberalism Triumphant? Ideology And The En Banc Process In The Ninth Circuit Court Of Appeals, Arthur D. Hellman

Articles

There are two things that everyone knows about the Ninth Circuit Court of Appeals: it is very large, and it is very liberal. But common knowledge is sometimes wrong. Is that the case here?

About the first point – the Ninth Circuit’s size – there can be no dispute. The Ninth Circuit Court of Appeals has 29 authorized judgeships, almost twice as many as the second-largest court. But what about the second point – the liberalism? Knowledgeable commentators, including Professor (now Dean) Erwin Chemerinsky, have disputed the characterization, calling it a “myth.”

Until now, no one has empirically tested whether …

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 understand …

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.

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 sum-of-squares regression …

Evolution Of Legal Topics, Rights And Obligations In The United States, Roberto Rosas

Faculty Articles

What new constitutional rights does the American Legal system have to offer? The United States Constitution is a document that continues to be interpreted every year. The Supreme Court hears recent cases with the purpose of interpreting the meaning of the Constitution. Since the creation of the Supreme Court, the Constitution has been analyzed in different ways – some interpretations lasting decades and some amendments going through changes depending on the different ideologies of the Justices on the Court.

This article discusses some of the rights established by the Supreme Court from 2016 to 2019 and provides the background as …

Racial Revisionism, Shaun Ossei-Owusu

All Faculty Scholarship

Review of Corey Robin, The Enigma of Clarence Thomas (New York: Metropolitan Books, 2019).

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

All Faculty Scholarship

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, particularly …

Welfare-Consequentialism: A Vaccine For Populism?, Noel Semple

Law Publications

This article is about two ideologies. Welfare-consequentialism holds that government should adopt the policies that can rationally be expected to maximise aggregate welfare. Populism holds that society is divided into a pure people and a corrupt elite, and asserts that public policy should express the general will of the people. The responses of world governments to the coronavirus pandemic have clearly illustrated the contrast between these ideologies, and the danger that populist government poses to human wellbeing. The article argues that welfare-consequentialism offers a vaccine for populism. First, it rebuts populism’s claims about who government is for and what it …

Criminological Description Of Crimes Related To Terrorism And Their Causes, Jamshid Ibrohimov

Review of law sciences

Terrorism is the most dangerous and difficult vocation of our time. In order to solve this social problem, it is necessary first of all to know exactly what terrorism is, its plot, essence, why and by whom it is used as a tool in the fight against terrorism. It is worth noting that now the fact that the identity of the terrorist was not described as a Fox, is one of the main problems in science. In this case, it is also very important to pay attention to the various data on the delivery of mercenaries maksad in the case …

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 establishing …

The Supreme Court And The 117th Congress, Andrew K. Jennings, Athul K. Acharya

Faculty Articles

If the late Justice Ruth Bader Ginsburg’s successor is confirmed before the 2020 presidential election or in the post-election lame-duck period, and if Democrats come to have unified control of government on January 20, 2021, how can they respond legislatively to the Court’s new 6-3 conservative ideological balance? This Essay frames a hypothetical 117th Congress’s options, discusses its four simplest legislative responses—expand the Court, limit its certiorari discretion, restrict its jurisdiction, or reroute its jurisdiction—and offers model statutory language for enacting those responses.

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 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 responsibility …

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 …

Justifying Bad Deals, Tess Wilkinson-Ryan

All Faculty Scholarship

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 …

'"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 …

Communism In Чебурашка (Čeburaška) Film: A Semiotic Study, Hendra Kaprisma

International Review of Humanities Studies

This article discusses communism in the film titled Čeburaška by Eduard Uspenskij. The study aims to identify the ideology of communism in Čeburaška. The Roland Barthes' semiotic theory was used to analyse the film. In order to see communism contained in Čeburaška, the author used two stages of Roland Barthes' semiotic theory of denotation and connotation. The research used descriptive and criticism methods. In analysing communism in Čeburaška, the author also use the following concepts: the concept of character and characterization, ideology, and film as an ideology. The research result shows that Čeburaška contains elements of communism that can be …

Judicial Choice Among Cases For Certiorari, Tonja Jacobi, Álvaro Bustos

Faculty Articles

How does the Supreme Court choose among cases to grant cert? In a model with a strategic Supreme Court, a continuum of rule-following lower courts, a set of potential cases for revision, and a distribution of future lower court cases, we show that the Court takes the case that will most significantly shape future lower court case outcomes in the direction that the Court prefers. That is, the Court grants cert to the case with maximum salience. If the Court is rather liberal (or conservative), then the most salient case is that which moves the discretionary range of the legal …

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

All Faculty Scholarship

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 …

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 are …

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 …