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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
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 In Court: The Burger And Rehnquist Years, John R. Hermann
American Indians In Court: The Burger And Rehnquist Years, John R. Hermann
Political Science Faculty Research
The Supreme Court and individual justices' treatment of American Indian interests has generated relatively little scholarly attention. To fill this void in the extant literature, this study seeks to examine how American Indian interests fared before the Supreme Court of the United States during the Burger and Rehnquist Courts (1969-1992 October terms) and attempts to discern the factors influencing their treatment. The findings indicate that while American Indian interests won 48% of their cases, the Burger Court was much more sympathetic than the Rehnquist Court to the plight of this politically disadvantaged group. The error correcting strategy, the ideological proclivities …
American Indian Interests And Supreme Court Agenda Setting: 1969-1992 October Terms, John R. Hermann
American Indian Interests And Supreme Court Agenda Setting: 1969-1992 October Terms, John R. Hermann
Political Science Faculty Research
A recent development in the judicial behavior literature on Supreme Court agenda setting is the examination of case selection within particular areas of the law. To that end, this study examines the Supreme Court's agenda-building process regarding American Indian Interests as a petitioning litigant during the 1969-1992 October terms. Using a multivariate logistic regression model, the findings indicate that judicial attitudes as manifested by the attitudinal model, the direct and third party briefs filed by the Solicitor General's office for and against American Indian interests, and the presence of a sovereignty issue were influential explanatory variables in the Supreme Court's …
American Indians And The Burger Court, John R. Hermann, Karen O'Connor
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
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.