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Articles 31 - 60 of 67
Full-Text Articles in Social and Behavioral Sciences
Courts And Executives, Jeffrey L. Yates, Scott S. Boddery
Courts And Executives, Jeffrey L. Yates, Scott S. Boddery
Political Science Faculty Publications
William Howard Taft was both our twenty-seventh president and the tenth Chief Justice of the U.S. Supreme Court -- the only person to have ever held both high positions in our country. He once famously commented that "presidents may come and go, but the Supreme Court goes on forever" (Pringle 1998). His remark reminds us that presidents serve only four-year terms (and are now limited to two of them), but justices of the Supreme court are appointed for life and leave a legacy of precedent-setting cases after departing the High Court. Of course, presidents also leave a legacy of important …
Supreme Court Term In Review: Ot 2016, Donald Roth
Supreme Court Term In Review: Ot 2016, Donald Roth
Faculty Work Comprehensive List
"Even though the Court is expected to be apolitical, there are many who assume that the judges are beholden to party politics."
Posting about recent major cases before the U.S. Supreme Court from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.
http://inallthings.org/supreme-court-term-in-review-ot-2016/
Commentary: Will The Courts Make Trump's Presidency Less Imperial?, Allen C. Guelzo, James H. Hulme
Commentary: Will The Courts Make Trump's Presidency Less Imperial?, Allen C. Guelzo, James H. Hulme
Civil War Era Studies Faculty Publications
Nearly three months ago, Donald Trump assumed a presidency that, for more than a century, had grown seemingly endless discretionary powers. And he did so in company with Republican majorities in Congress and in 32 state legislatures -- all of which should have made his decisions unassailable.
Instead, he has been stymied and embarrassed by resistance from a federal judiciary that has twice halted executive orders on the most prominent issue of his presidential campaign. So, will the federal judiciary become the wall against which Trump bleeds away the power not just of his own presidency but of the “imperial …
Tester Sided With 75% Of Montanans On Gorsuch Vote, Evan Barrett
Tester Sided With 75% Of Montanans On Gorsuch Vote, Evan Barrett
Highlands College
A newspaper column by Evan Barrett.
Published newspaper columns written by Evan Barrett on this topic, which vary somewhat in content from this commentary, appeared in the following publications:
Montana Public Radio, April 5, 2017
Montana Standard, April 9, 2017
Helena Independent Record, April 10, 2017
Havre Daily News, April 12, 2017
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
CMC Senior Theses
This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …
Examining The Civil-Military Divide Through New (Institutional) Lenses: The Influence Of The Supreme Court, Allen Linken
Examining The Civil-Military Divide Through New (Institutional) Lenses: The Influence Of The Supreme Court, Allen Linken
Doctoral Dissertations
Civil-military relations have existed for as long as there has been a military, but only in the last sixty years has research in the field began to examine the relationships between civilian elites and the military. Who controls the military? What level of influence by the military is acceptable in a liberal society, such as the United States? What is the appropriate role of the military? Who serves in the military? What pattern of civil-military relations best ensures the effectiveness of the military instrument? The study of these questions began with examining relationships between the military and the President, and …
Counting Down On The Gop Senate’S Days Of Shame, Evan Barrett
Counting Down On The Gop Senate’S Days Of Shame, Evan Barrett
Highlands College
A newspaper column by Evan Barrett.
Published newspaper columns written by Evan Barrett on this topic, which vary somewhat in content from this commentary, appeared in the following publications:
Montana Standard, August 1, 2016
Last Best News, August 4, 2016
What Did The Supreme Court Decide About The Contraception Mandate?, Donald Roth
What Did The Supreme Court Decide About The Contraception Mandate?, Donald Roth
Faculty Work Comprehensive List
"The main thrust of the Court’s opinion, then, is that it believes compromise might be possible."
Posting about a recent Supreme Court decision from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.
http://inallthings.org/what-did-the-supreme-court-decide-about-the-contraception-mandate/
Strategic Behavior And Variation In The Supreme Court’S Caseload Over Time, Kenneth W. Moffett, Forrest Maltzman, Karen Miranda, Charles R. Shipan
Strategic Behavior And Variation In The Supreme Court’S Caseload Over Time, Kenneth W. Moffett, Forrest Maltzman, Karen Miranda, Charles R. Shipan
SIUE Faculty Research, Scholarship, and Creative Activity
Over the past sixty years, the size of the Supreme Court’s docket has varied tremendously, growing at some points in time and shrinking at others. What accounts for this variation in the size of the docket? We focus on two key strategic factors – the predictability of outcomes within the Court, and whether justices consider the potential actions of other political institutions – and assess whether these factors help to explain the variation in docket size over time. We discover that uncertainty and institutional constraints prevent the Court from choosing cases with complete freedom, even after accounting for other potential …
Judicial Activism’S Effect On Judicial Elections, Nick Fernandes
Judicial Activism’S Effect On Judicial Elections, Nick Fernandes
Student Scholar Symposium Abstracts and Posters
High profile Supreme Court cases have become increasingly commonplace, particularly with the Citizens United court decision granting unprecedented rights to corporations. Many in the media have decried these as examples of increasing “judicial activism”. This trend has trickled down to the state supreme courts as justices have increasingly played a more active role in developing policy. Gay marriage has become legalized in numerous states due to this trend. While public sentiment is unlikely to affect the appointed Supreme Court, it could have a substantial impact on state judicial elections.
This paper will specifically be looking at judicial elections in Kentucky. …
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Political Science Honors Projects
The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.
The Greenhouse Effect: What Is The Relationship Between Media Attention And Supreme Court Law Clerk Diversity?, Alexis Mittereder
The Greenhouse Effect: What Is The Relationship Between Media Attention And Supreme Court Law Clerk Diversity?, Alexis Mittereder
Senior Honors Projects
This study will explore the power of media attention in relation to diversity of the clerk cohort to understand the factors that impact Supreme Court law clerk diversity.
A Functional Theory Of Congressional Standing, Jonathan R. Nash
A Functional Theory Of Congressional Standing, Jonathan R. Nash
Faculty Articles
The Supreme Court has offered scarce and inconsistent guidance on congressional standing—that is, when houses of Congress or members of Congress have Article III standing. The Court’s most recent foray into congressional standing has prompted lower courts to infuse analysis with separation-of-powers concerns in order to erect a high standard for congressional standing. It has also invited the Department of Justice to argue that Congress lacks standing to enforce subpoenas against executive branch actors.
Injury to congressional litigants should be defined by reference to Congress’s constitutional functions. Those functions include gathering relevant information, casting votes, and (even when no vote …
Litigating State Interests: Attorneys General As Amici, Margaret H. Lemos, Kevin M. Quinn
Litigating State Interests: Attorneys General As Amici, Margaret H. Lemos, Kevin M. Quinn
Faculty Articles
An important strain of federalism scholarship locates the primary value of federalism in how it carves up the political landscape, allowing groups that are out of power at the national level to flourish—and, significantly, to govern—in the states. On that account, partisanship, rather than a commitment to state authority as such, motivates state actors to act as checks on federal power. Our study examines partisan motivation in one area where state actors can, and do, advocate on behalf of state power: the Supreme Court. We compiled data on state amicus filings in Supreme Court cases from the 1979–2013 Terms and …
Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson
Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson
Faculty Articles
The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors generally remain colorblind. The colorblindness doctrine has led to the judicial invalidation of policies designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect "group rights. "
Constitutional law theorists have criticized these aspects of equal protection doctrine. Recently, however, some …
The Highly Political Supreme Court, Riley Lane Munks
The Highly Political Supreme Court, Riley Lane Munks
Student Scholar Symposium Abstracts and Posters
This paper investigates whether Republicans or Democrats support a strong Supreme Court and why. Furthermore, by analyzing data from the 2012 American National Election Survey, I will study support of the court based on gender, age, and race. Since the early 1980’s the court has taken a strong conservative direction, to the dismay of many liberals. Republicans feel comfortable sending a congressional dispute to the courts while Democrats may feel disenfranchised with the judicial process. I also believe that younger people believe the court is an outdated method of making laws and interpreting the constitution. Originally the Supreme Court was …
America’S Newest Citizen - John Q. Corporation, Evan Barrett
America’S Newest Citizen - John Q. Corporation, Evan Barrett
Highlands College
A Montana Public Radio Commentary by Evan Barrett.
Published newspaper columns written by Evan Barrett on this topic, which vary somewhat in content from this commentary, appeared in the following publications:
Ravali Republic, July 19, 2014
Independent Record, July 16, 2014
Flathead Beacon, July 17, 2014
A Hope That’S Not So Hollow: How The Supreme Court’S Decisions In Windsor And Perry Alter The Political Environment In Which Marriage Equality Activism Operates, Emma Brillhart
Scripps Senior Theses
This thesis looks at the state of marriage equality activism in the wake of the Supreme Court’s June 26, 2013 decisions in United States v. Windsor and Hollingsworth v. Perry. Some scholars, such as Gerald Rosenberg, argue that Supreme Court decisions can never affect “significant social change,” either directly or indirectly, while others argue that such decisions can be hugely important in directly affecting policy. My focus is on how activist organizations, which have a substantial track record of directly affecting policy, are influenced by changes to the political environment stemming from major Court decisions regarding social issues. After …
Baker Center Journal Of Applied Public Policy - Vol. Iv, No.Ii, Theodore Brown Jr., J Lee Annis Jr., Steven V. Roberts, Wendy J. Schiller, Jeffrey Rosen, James Hamilton, Rick Perlstein, David B. Cohen, Charles E. Walcott, Keith Whittington
Baker Center Journal Of Applied Public Policy - Vol. Iv, No.Ii, Theodore Brown Jr., J Lee Annis Jr., Steven V. Roberts, Wendy J. Schiller, Jeffrey Rosen, James Hamilton, Rick Perlstein, David B. Cohen, Charles E. Walcott, Keith Whittington
Baker Center: Publications and Other Works
This special edition includes articles from speakers at a 2010 conference - "Howard H. Baker, Jr: A Life in Public Service" and a special addendum including photographs and cartoons from Sen. Baker's career.
An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr
An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr
David C Taylor Jr
This paper explores areas of the 1962 Supreme Court decision of Engel vs. Vitale on the subject of Prayer in public schools. There will be a discussion of the historical background, the arguments given, and the support given for the basis of the Court’s decision. There will also be a discussion on the dissenting view of the Court, and a discussion of whether or not this was a liberal or conservative approach to interpreting the Constitution of the United States.
Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee
Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee
Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University
The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of …
The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer
The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer
CMC Senior Theses
This paper examines the causes of the rise in vacancies on the federal courts in recent decades. Under President Barack Obama, the number of vacancies on the federal courts has sharply jumped. This is due to firm opposition by Senate Republicans, who have used the various procedural tools of that body to make it difficult for nominees to get confirmation. This antagonism is the result of a shift in how the parties view the courts and their role in the American political process. The Warren Court's expansion of substantive due process rights increased the Court's powers to the chagrin of …
The Determinants Of Supreme Court Decision-Making: An Ideal Point Analysis, Colin Ross Glennon
The Determinants Of Supreme Court Decision-Making: An Ideal Point Analysis, Colin Ross Glennon
Doctoral Dissertations
The relationships among governmental institutions are some of the most studied phenomena in political science. Yet these complex interactions remain largely unexplained due to the difficult task of developing accurate measures that lead to quantifiable tests that enhance explanation and prediction. This work centers on the interactions of United States Supreme Court justices with other political actors. The goal of this dissertation is to better understand the relationship between the Supreme Court and its institutional environment. In short, I ask: What factors affect Supreme Court justices’ voting decisions?
I approach this question from several different angles while making use of …
Supreme Court Responsiveness: An Analysis Of Individual Justice Voting Behavior And The Role Of Public Opinion, Michael Browning
Supreme Court Responsiveness: An Analysis Of Individual Justice Voting Behavior And The Role Of Public Opinion, Michael Browning
Honors Projects
This study aims to explain why the Supreme Court responds to public mood by analyzing individual justice liberalism and comparing it to public liberalism between the years of 1953 and 2005. Three theories suggesting why the Court may respond to public opinion are discussed, including the replacement, political adjustment, and the attitude change hypotheses. The argument of using Court reversals to determine the ideology of the Court is presented and implemented. Public reaction to Court decisions is analyzed along with the Court’s institutional legitimacy as means to determine the Court’s strategic behavior. Ideology, public mood, the parties controlling the House, …
An Analysis Of Sources In Journalism On The Supreme Court, Dione Garlick
An Analysis Of Sources In Journalism On The Supreme Court, Dione Garlick
Undergraduate Honors Capstone Projects
The United States Supreme Court bUilding is intimidating, to say the least. The massive structure rises four stories above the ground and the three million dollars worth of white marble shines starkly against the blue sky.l The inscription "EQUAL JUSTICE UNDER LAW" runs horizontally across the top of the impressive structure. This beautiful bUilding is part of the imagery associated with the Supreme Court. Along with black robes and gavels, the Supreme Court has carefully crafted the images that are connected with the justices and the Court.
Unlike the leaders ofthe legislative and executive branches, the justices of the Supreme …
Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process, Keith J. Bybee
Will The Real Elena Kagan Please Stand Up? Conflicting Public Images In The Supreme Court Confirmation Process, Keith J. Bybee
Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University
What images of judging did the Kagan confirmation process project?
My response to this question begins with a brief overview of existing public perceptions of the Supreme Court. I argue that a large portion of the public sees the justices as impartial arbiters who can be trusted to rule fairly. At the same time, a large portion of the public also sees the justices as political actors who are wrapped up in partisan disputes. Given these prevailing public views, we should expect the Kagan confirmation process to transmit contradictory images of judicial decisionmaking, with a portrait of judging as a …
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Tonja Jacobi, Vanessa A. Baird
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Tonja Jacobi, Vanessa A. Baird
Faculty Articles
This Article proposes that dissenting Supreme Court Justices provide cues in their written opinions about how future litigants can reframe case facts and legal arguments in similar future cases to garner majority support. Questions of federal-state power cut across most other substantive legal issues, and this can provide a mechanism for splitting existing majorities in future cases. By signaling to future litigants when this potential exists, dissenting judges can transform a dissent into a majority in similar future cases.
We undertake an empirical investigation of dissenting opinions in which the dissenting Justice suggests that future cases ought to be framed …
The Federal Courts And Constitutional Interpretation: A Second Amendment Case Study, Mark Kemper
The Federal Courts And Constitutional Interpretation: A Second Amendment Case Study, Mark Kemper
Bridgewater Review
No abstract provided.
Perpetual Conflict Or Compromise? The Cost Of Domestic Legitimacy In The Realm Of Women's Human Rights: A Case Study On The Right To An Abortion, Kim Andrea Kelly
Perpetual Conflict Or Compromise? The Cost Of Domestic Legitimacy In The Realm Of Women's Human Rights: A Case Study On The Right To An Abortion, Kim Andrea Kelly
Honors Scholar Theses
With its turbulent and volatile legal evolution, the right to an abortion in the United States still remains a highly contested issue and has developed into one of the most divisive topics within modern legal discourse. By deconstructing the political underpinnings and legal rationale of the right to an abortion through a systematic case law analysis, I will demonstrate that this right has been incrementally destabilized. This instability embedded in abortion jurisprudence has been primarily produced by a combination of textual ambiguity in the case law and judicial ambivalence regarding this complex area of law. In addition, I argue that …