Strategic Versus Sincere Behavior: The Impact of Issue Salience and Congress on the Supreme Court Docket

Strategic Versus Sincere Behavior: The Impact of Issue Salience and Congress on the Supreme Court Docket

Date: May 2002
Creator: Williams, Jeffrey David
Description: The theory proposed here is that the Supreme Court behaves in a strategic manner at the agenda-setting stage in order to vote sincerely on the merits. To test this, I measure the impact issue salience and ideological distance between Congress and the Supreme Court has on the agenda. The results indicate that whether the Supreme Court behaves either sincerely or strategically depends on the policy area. The strategic nature of the Supreme Court at the agenda-setting phase may be in large part why some research shows that the Court behaves sincerely when voting on the merits. By behaving strategically at the agenda-setting phase, the Court is free to vote sincerely in later parts of the judicial process.
Contributing Partner: UNT Libraries
Attempts to Curb the Power of the Supreme Court during the Marshall Era, 1801-1835

Attempts to Curb the Power of the Supreme Court during the Marshall Era, 1801-1835

Date: August 1968
Creator: Ellis, Steve E.
Description: This study intends to examine criticisms of the Court and efforts to curb its power during the formative period of American constitutional law.
Contributing Partner: UNT Libraries
Equal Representation and State Legislative Apportionment: a Study of the Political Impact of the Legislative Reapportionment Decisions

Equal Representation and State Legislative Apportionment: a Study of the Political Impact of the Legislative Reapportionment Decisions

Date: January 1968
Creator: Clark, Robert B.
Description: This study is concerned with the political impact of the Supreme Court's decisions concerning state legislative apportionment. First, an attempt is made to describe the political environment in which they were made, with special reference to the existing bases of representation in the states and the political reaction to the decisions. Secondly, the study traces the major issues relating to judicial enforcement of the apportionment standards enunciated by the Supreme Court and the modification and development of those standards that followed the initial decisions. Finally, the extent to which reapportionment has been successfully enforced by the courts may suggest some tentative conclusions about the viability and utility of the equal population doctrine as a constitutional standard, as well as some of the possible political consequences of enforcement of that standard.
Contributing Partner: UNT Libraries
Takings Decisions of the U.S. Supreme Court: A Chronology

Takings Decisions of the U.S. Supreme Court: A Chronology

Date: December 9, 2013
Creator: Meltz, Robert
Description: This report is a reverse chronological listing of U.S. Supreme Court decisions addressing claims that a government entity has "taken" private property, as that term is used in the Takings Clause of the Fifth Amendment.
Contributing Partner: UNT Libraries Government Documents Department
Strategic Factors Influencing the Issuance and Duration of Executive Orders

Strategic Factors Influencing the Issuance and Duration of Executive Orders

Date: August 2008
Creator: Steele, Galen
Description: Executive orders are a significant source of presidential power although scholars disagree on the nature of that power. It has been argued that executive orders are an indication of a president's failure to persuade others to act as he desires; others contend that executive orders offer "power without persuasion." This dissertation introduces the conditional model of executive order issuance and duration in order to offer a synthesis to these competing views, and to offer a better understanding of the opportunities and constraints faced by the president when choosing to act unilaterally through executive orders. The conditional theory holds that both the issuance and duration of executive orders is a function of the president's ideological proximity to Congress and the Supreme Court, and the availability of fresh policy space.
Contributing Partner: UNT Libraries
Tom Clark: the Role of Government in the Protection of Individual Rights

Tom Clark: the Role of Government in the Protection of Individual Rights

Date: June 1965
Creator: Jones, William Richard
Description: Tom Clark has fulfilled a dual role in the development of the American legal system: He has served as a moderating influence, often arbitrating the differences between opposing factions on the Court; and, he has served as a figure of caution and restraint upon the members of the Court, developing a judicial philosophy which is deferential to other units of government.
Contributing Partner: UNT Libraries
Decisions of the Supreme Court Necessitating a New Type of Police Power

Decisions of the Supreme Court Necessitating a New Type of Police Power

Date: 1958
Creator: Crane, James D.
Description: This study will remain with the role of the Supreme Court, and then only with its role in the character of interpretation as far as the necessitation of a new type of police power is concerned.
Contributing Partner: UNT Libraries
A Narrative Analysis of Korematsu v. United States

A Narrative Analysis of Korematsu v. United States

Date: December 1999
Creator: Santos, Bevin A.
Description: This thesis studies the Supreme Court decision, Korematsu v. United States, 323 U.S. 214 (1944) and its historical context, using a narrative perspective and reviewing aspects of narrative viewpoints with reference to legal studies in order to introduce the present study as a method of assessing narratives in legal settings. The study reviews the Supreme Court decision to reveal its arguments and focuses on the context of the case through the presentation of the public story, the institutional story, and the ethnic Japanese story, which are analyzed using Walter Fisher's narrative perspective. The study concludes that the narrative paradigm is useful for assessing stories in the law because it enables the critic to examine both the emotional and logical reasoning that determine the outcomes of the cases.
Contributing Partner: UNT Libraries
Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)

Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)

Date: March 21, 2014
Creator: Brougher, Cynthia
Description: This report examines the constitutional and statutory protections related to free exercise of religion, including current Supreme Court interpretations, as well as judicial and legislative avoidance of defining the parameters of religious belief. It also discusses significant examples of existing religious exemptions in current law, such as employment nondiscrimination, health care, and public accommodations law. Finally, it analyzes recent federal judicial decisions that have considered the religious freedom rights of commercial entities whose owners have religious objections to the contraceptive coverage requirement.
Contributing Partner: UNT Libraries Government Documents Department
Solicitor Success: The Continuing Exploration of the Determinants of Governmental Success at the Supreme Court, 1986-2005

Solicitor Success: The Continuing Exploration of the Determinants of Governmental Success at the Supreme Court, 1986-2005

Date: August 2007
Creator: Grubbs, Kevin
Description: Studies of the Supreme Court consistently show that the Office of the Solicitor General enjoys remarkable success before the Supreme Court, both at the certiorari stage and at the merits stage. These studies offer a variety of explanations for Solicitor General success, but fail to portray accurately the Office of the Solicitor General and to account for variations in governmental success. This paper seeks to continue the exploration of governmental success. By looking at the Office of the Solicitor General as a series of individuals with distinct characteristics rather than as a single entity, and by accounting for various situational dynamics, I attempt to explain the variations in executive success.
Contributing Partner: UNT Libraries
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