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Social and Behavioral Sciences Commons

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Political Science Faculty Research

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Law

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Full-Text Articles in Social and Behavioral Sciences

Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John R. Hermann Mar 2014

Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John R. Hermann

Political Science Faculty Research

The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.


American Indians And The Burger Court, John R. Hermann, Karen O'Connor Mar 1996

American Indians And The Burger Court, John R. Hermann, Karen O'Connor

Political Science Faculty Research

Objective. Like many politically disadvantaged groups, American Indian interests have turned to the courts when they lack access or clout in the electoral process. Unlike many ocher disadvantaged groups, the litigation activities of American Indian interests have failed to garner much scholarly attention. The purpose of this research is to examine how American Indian interests fared before the Burger Court (1969-85 October terms). Methods. The 63 full opinion cases regarding issues critical to American Indian interests were identified by examining the United States Reports. Each case was coded as whether or not the Court decided in favor of …


The Clerk Connection: Appearances Before The Supreme Court By Former Law Clerks, Karen O'Connor, John R. Hermann Jan 1995

The Clerk Connection: Appearances Before The Supreme Court By Former Law Clerks, Karen O'Connor, John R. Hermann

Political Science Faculty Research

Judicial scholars long have examined the external factors influencing U.S. Supreme Court decision making. Congressional and executive pressures, the Office of the U.S. Solicitor General, attorney experience, and the tactics of organized interests all have been found to be influential.