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Full-Text Articles in Social and Behavioral Sciences

Reinvigorating Regime Politics, Christopher Shortell Apr 2017

Reinvigorating Regime Politics, Christopher Shortell

Political Science Faculty Publications and Presentations

This paper seeks to reinvigorate the theory of regime politics in the judiciary among legal scholars, taking into account the critiques offered. The paper reviews the extant literature on regime politics, including its origins, before examining the criticisms this approach engendered. The valid concerns highlight the limited development of regime politics as a theory, despite the empirical work conducted in this tradition. This paper aims to address that shortcoming, explicitly identifying the underlying assumptions of regime politics theory and then developing testable hypotheses based on those assumptions.


Urban, State, And Federal Regimes In Local Politics: The Role Of The Judiciary, Christopher Shortell Apr 2015

Urban, State, And Federal Regimes In Local Politics: The Role Of The Judiciary, Christopher Shortell

Political Science Faculty Publications and Presentations

The study of urban politics often focuses on the ability of urban regimes to successfully pursue their interests and goals. However, scholars of urban politics only peripherally consider the role that courts play. And when courts are incorporated, they are treated as exogenous to the political system. This paper argues for the importance of treating the judiciary as endogenous to the local political system. Courts are themselves political institutions and should be understood as such in the study of politics at the local level. Doing so offers several benefits, including accounting for the ways in which state-level preferences operate as …


Women’S Representation In The Highest Court: A Comparative Analysis Of The Appointment Of Female Justices, Melody Ellis Valdini, Christopher Shortell Aug 2014

Women’S Representation In The Highest Court: A Comparative Analysis Of The Appointment Of Female Justices, Melody Ellis Valdini, Christopher Shortell

Political Science Faculty Publications and Presentations

The presence of women justices in the highest court varies significantly from country to country. Using an original data set of women’s representation in the highest constitutional courts in 50 democracies, we assess the causes of this variation. We find, contrary to the prevailing view, that the strength of the institution is not significantly related to the number of women on the court. Instead, we find that the existence of a “sheltered” versus “exposed” selection mechanism is the critical determinant of women’s presence. That is, when the selectors are sheltered from electoral accountability, they are less likely to select women …


Urban Politics And The Judiciary: Treating Courts As Endogenous, Christopher Shortell Apr 2014

Urban Politics And The Judiciary: Treating Courts As Endogenous, Christopher Shortell

Political Science Faculty Publications and Presentations

The study of urban politics often focuses on the ability of urban regimes to successfully pursue their interests and goals. However, scholars of urban politics only peripherally consider the role that courts play. And when courts are incorporated, they are treated as exogenous to the political system. This paper argues for the importance of treating the judiciary as endogenous to the local political system. Courts are themselves political institutions and should be understood as such in the study of politics at the local level. Doing so offers several benefits, including accounting for the ways in which state-level preferences operate as …


The Suits That Counted: The Judicialization Of Presidential Elections After Bush V. Gore, Charles Anthony Smith, Christopher Shortell Sep 2005

The Suits That Counted: The Judicialization Of Presidential Elections After Bush V. Gore, Charles Anthony Smith, Christopher Shortell

Political Science Faculty Publications and Presentations

After the litigation of the 2000 presidential election are parties, candidates, and interest groups more likely to utilize pre-election litigation as a part of the normal election strategy? Our findings suggest this is the case, at least when a close election is anticipated. The difference in the political landscape and logic after the 2000 litigation is that the political players now perceive the judiciary as a venue of first rather than last recourse. Using data from all fifty states and the District of Columbia, we show that courts are seen as one of the primary arenas for challenging the rules …