The authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least as much impact on Court decisions as do public opinion and justices' political beliefs, they focus on the way litigators propel certain issues onto the Court's agenda and seek to persuade the justices to affect legal change.
Activism,” New York Times, September 13, 1987; Stuart Taylor, Jr., “The Bork Hearings: Bork Backs Away From His Stances on Rights Issues,” New York Times, September 17, 1987; Stuart Taylor, Jr., “How Bork Recast Ideas in His Senate ...
... assembly rights, 1–2 rare events logit model, 58–59n4 Reddick, Malia, 110 Rehnquist, William H., 7, 90 relevance variables, treatment case model, 98, 106 reliability, Shepard's Citations, 46–49 responsiveness hypotheses.
Friedman, Lawrence M. 1967. “Legal Rules and the Process of Social Change.” 19 Stan. L. Rev. 786. ———. 1983. “The Conflict Over Constitutional Legitimacy.” In The Abortion Dispute and the American System. Ed. Gilbert Y. Steiner.
For Hoffman's earlier publications, see "Vital Statistics of the Negro," 5 Arena (1892), 529-42; "Vital Statistics of the Negro," Medical News, 22 Sept. 1894, at 320-34; "The Negro in the West Indies," 3 Publications of the Amer.
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- ...
Paul M. Collins, Lori A. Ringhand. 49 Brennan transcript at 36. 50 Bork transcript at 710. ... 57 See, e.g., Lee Epstein and Tonja Jacobi, “Super Medians,” 61 Stanford Law Review37(2008); AndrewD. Martin, KevinM. Quinn, and Lee Epstein, ...
New to the 5th Edition: New chapter on the draft Restatement Third of Conflicts Discussion of three Supreme Court decisions that alter rules Coverage of state anti-foreign law statutes More examples and explanations Elimination of one case ...
This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court.
How can a brief, two-hundred-year old constitution continue to provide the fundamental law for governing the United States? In this book a prominent legal scholar explores these questions with unusual clarity.
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two ...