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By Patrick James Barry a Dissertation Submitted in Partial Fulfillment of The
CONFIRMATION BIAS: STAGED STORYTELLING IN SUPREME COURT CONFIRMATION HEARINGS by Patrick James Barry A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (English Language and Literature) in the University of Michigan 2015 Doctoral Committee: Professor Enoch Brater, Chair Associate Professor Martha Jones Professor Sidonie Smith Emeritus Professor James Boyd White TABLE OF CONTENTS CHAPTER 1 SITES OF THEATRICALITY 1 CHAPTER 2 SITES OF STORYTELLING 32 CHAPTER 3 THE TAUNTING OF AMERICA: THE SUPREME COURT CONFIRMATION HEARING OF ROBERT BORK 55 CHAPTER 4 POISON IN THE EAR: THE SUPREME COURT CONFIRMATION HEARING OF CLARENCE THOMAS 82 CHAPTER 5 THE WISE LATINA: THE SUPREME COURT CONFIRMATION HEARING OF SONIA SOTOMAYOR 112 CHAPTER 6 CONCLUSION: CONFIRMATION CRITIQUE 141 WORK CITED 166 ii CHAPTER 1 SITES OF THEATRICALITY The theater is a place where a nation thinks in public in front of itself. --Martin Esslin, An Anatomy of Drama (1977)1 The Supreme Court confirmation process—once a largely behind-the-scenes affair—has lately moved front-and-center onto the public stage. --Laurence Tribe, Advice and Consent (1992)2 I. In 1975 Milner Ball, then a law professor at the University of Georgia, published an article in the Stanford Law Review called “The Play’s the Thing: An Unscientific Reflection on Trials Under the Rubric of Theater.” In it, Ball argued that by looking at the actions that take place in a courtroom as a “type of theater,” we might better understand the nature of these actions and “thereby make a small contribution to an understanding of the role of law in our society.”3 At the time, Ball’s view that courtroom action had an important “theatrical quality”4 was a minority position, even a 1 Esslin, Martin. -
Appendix File Anes 1988‐1992 Merged Senate File
Version 03 Codebook ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CODEBOOK APPENDIX FILE ANES 1988‐1992 MERGED SENATE FILE USER NOTE: Much of his file has been converted to electronic format via OCR scanning. As a result, the user is advised that some errors in character recognition may have resulted within the text. MASTER CODES: The following master codes follow in this order: PARTY‐CANDIDATE MASTER CODE CAMPAIGN ISSUES MASTER CODES CONGRESSIONAL LEADERSHIP CODE ELECTIVE OFFICE CODE RELIGIOUS PREFERENCE MASTER CODE SENATOR NAMES CODES CAMPAIGN MANAGERS AND POLLSTERS CAMPAIGN CONTENT CODES HOUSE CANDIDATES CANDIDATE CODES >> VII. MASTER CODES ‐ Survey Variables >> VII.A. Party/Candidate ('Likes/Dislikes') ? PARTY‐CANDIDATE MASTER CODE PARTY ONLY ‐‐ PEOPLE WITHIN PARTY 0001 Johnson 0002 Kennedy, John; JFK 0003 Kennedy, Robert; RFK 0004 Kennedy, Edward; "Ted" 0005 Kennedy, NA which 0006 Truman 0007 Roosevelt; "FDR" 0008 McGovern 0009 Carter 0010 Mondale 0011 McCarthy, Eugene 0012 Humphrey 0013 Muskie 0014 Dukakis, Michael 0015 Wallace 0016 Jackson, Jesse 0017 Clinton, Bill 0031 Eisenhower; Ike 0032 Nixon 0034 Rockefeller 0035 Reagan 0036 Ford 0037 Bush 0038 Connally 0039 Kissinger 0040 McCarthy, Joseph 0041 Buchanan, Pat 0051 Other national party figures (Senators, Congressman, etc.) 0052 Local party figures (city, state, etc.) 0053 Good/Young/Experienced leaders; like whole ticket 0054 Bad/Old/Inexperienced leaders; dislike whole ticket 0055 Reference to vice‐presidential candidate ? Make 0097 Other people within party reasons Card PARTY ONLY ‐‐ PARTY CHARACTERISTICS 0101 Traditional Democratic voter: always been a Democrat; just a Democrat; never been a Republican; just couldn't vote Republican 0102 Traditional Republican voter: always been a Republican; just a Republican; never been a Democrat; just couldn't vote Democratic 0111 Positive, personal, affective terms applied to party‐‐good/nice people; patriotic; etc. -
Richard Russell, the Senate Armed Services Committee & Oversight of America’S Defense, 1955-1968
BALANCING CONSENSUS, CONSENT, AND COMPETENCE: RICHARD RUSSELL, THE SENATE ARMED SERVICES COMMITTEE & OVERSIGHT OF AMERICA’S DEFENSE, 1955-1968 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Joshua E. Klimas, M.A. * * * * * The Ohio State University 2007 Dissertation Committee: Approved by Professor David Stebenne, Advisor Professor John Guilmartin Advisor Professor James Bartholomew History Graduate Program ABSTRACT This study examines Congress’s role in defense policy-making between 1955 and 1968, with particular focus on the Senate Armed Services Committee (SASC), its most prominent and influential members, and the evolving defense authorization process. The consensus view holds that, between World War II and the drawdown of the Vietnam War, the defense oversight committees showed acute deference to Defense Department legislative and budget requests. At the same time, they enforced closed oversight procedures that effectively blocked less “pro-defense” members from influencing the policy-making process. Although true at an aggregate level, this understanding is incomplete. It ignores the significant evolution to Armed Services Committee oversight practices that began in the latter half of 1950s, and it fails to adequately explore the motivations of the few members who decisively shaped the process. SASC chairman Richard Russell (D-GA) dominated Senate deliberations on defense policy. Relying only on input from a few key colleagues – particularly his protégé and eventual successor, John Stennis (D-MS) – Russell for the better part of two decades decided almost in isolation how the Senate would act to oversee the nation’s defense. -
The Lawyer in Society" Will Be Published by Texasbarbooks in February 2012
IN THE ARENA: THEODORE ROOSEVELT AND THE LAW TALMAGE BOSTON, Shareholder Winstead PC 1201 Elm Street 5400 Renaissance Tower Dallas, Texas 75270 (214) 745-5462 (Direct) [email protected] State Bar of Texas 28TH ANNUAL LITIGATION UPDATE INSTITUTE January 19-20, 2012 Dallas CHAPTER 21 Talmage Boston is a shareholder in the Dallas office of Winstead PC. He is a past Director of the SBOT, and has served as Chairman of the SBOT's Litigation Section, its Council of Chairs, and its Annual Meeting Committee. He has been the recipient of the SBOT's Presidential Citation every year from 2005-2011. Talmage practices in the area of commercial litigation, and is certified (and has been recertified many times) in both Civil Trial Law and Civil Appellate Law by the Texas Board of Legal Specialization. He currently serves on the editorial board of the Texas Bar Journal, and In the last 3 years, has written 3 featured articles in the Texas Bar Journal on Abraham Lincoln, Atticus Finch, and Theodore Roosevelt. His book "Raising the Bar; The Crucial Role of the Lawyer in Society" will be published by TexasBarBooks in February 2012. In the Arena: Theodore Roosevelt and the Law Chapter 21 TABLE OF CONTENTS INSPIRATION .................................................................................................................................................................................1 ROOSEVELT AND THE LAW .......................................................................................................................................................1 -
Congressional Mail Logs for the President (1)” of the John Marsh Files at the Gerald R
The original documents are located in Box 8, folder “Congress - Congressional Mail Logs for the President (1)” of the John Marsh Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. r Digitized from Box 8 of The John Marsh Files at the Gerald R. Ford Presidential Library Presi dent's Mail - May 11, 1976 House 1. Augustus Hawkins Writes irr regard to his continuing · terest in meeting with the President to discuss the· tuation at the Equal Employment Opportunity Commission prior to the appoint ment of a successor to Chairman owell W. Perry. 2. Larry Pressler Says he will vote to sustain e veto of the foreign military assistance se he believes the $3.2 billion should be u ed for nior citizens here at horne. 3. Gus Yatron Writes on behalf of Mrs. adys S. Margolis concerning the plight of Mr. Mi ail ozanevich and his family in the Soviet Union. 4. Guy Vander Jagt Endorses request of the TARs to meet with the President during their convention in June. -
College Voice Vol.14 No.21
Connecticut College Digital Commons @ Connecticut College 1990-1991 Student Newspapers 3-12-1991 College Voice Vol.14 No.21 Connecticut College Follow this and additional works at: https://digitalcommons.conncoll.edu/ccnews_1990_1991 Recommended Citation Connecticut College, "College Voice Vol.14 No.21" (1991). 1990-1991. 4. https://digitalcommons.conncoll.edu/ccnews_1990_1991/4 This Newspaper is brought to you for free and open access by the Student Newspapers at Digital Commons @ Connecticut College. It has been accepted for inclusion in 1990-1991 by an authorized administrator of Digital Commons @ Connecticut College. For more information, please contact [email protected]. The views expressed in this paper are solely those of the author. ; _ E Volume XIV, Number 21 Ad Fontes March 12, 1991 Faculty Task Force Neglects Student Input on Evaluations question on the draft questionnaire. The question read by Michelle Moon The College Voice "How has this course contributed to your knowledge of gender and other traditionally underrepresented ~ Reg Edmonds, '92, chair of academic affairs, told the groups?" Student Government Association Assembly this week ~ According to Claire Gaudiani, '66, president of the e that a second draft of the new standardized faculty college, the faculty believed that question interfered evaluation form "bears no resemblance" to a draft with academic freedoms. "To create a political, philo- ~. which was collaborated on by a comrniuee of students sophical test for a course is, on principle, a bad idea," from the Board of Advisory Chairs (BAC) and mem- she said. J bers of an administrative Task Force on Faculty "I was not infonned of any other serious problems Evaluation. -
Off Campus: to Move Forward, Washington May Have to Take a Look Back
October 21, 2013 Off Campus: To move forward, Washington may have to take a look back Margaret Chase Smith’s courageous actions in 1950 suggest how to handle current political dysfunction. By Joseph McDonnell, dean of the USM College of Management and Human Service PORTLAND — How has politics changed in Maine and the nation in the last 60 years? What can today’s public officials learn from the past to manage the deep divisions in the state and nation and make our political institutions work again? These are just some of the questions that the lecture series “Politics Then and Now, in Maine and the Nation,” sponsored by the Muskie School of Public Service and the Osher Lifelong Learning Institute at the University of Southern Maine, is seeking to answer. It is fitting that Maine’s past and present public officials address these issues, as Maine has produced an extraordinary number of bipartisan national leaders considering the state’s small population. Sens. Margaret Chase Smith, Edmund S. Muskie, William Cohen, George Mitchell, Olympia Snowe, Susan Collins and Angus King, while from different political orientations, share a characteristic absent in Washington today – a readiness to reach across the aisle to find common ground. Today’s elected officials could take a lesson from Sen. Smith. At the height of the Cold War, she rebuked a fellow Republican senator, Joseph McCarthy, for his tactics to rid the country of communist sympathizers. In a courageous “Declaration of Conscience,” Smith chastised McCarthy for creating a culture of fear, bigotry and smear that threatened citizens of conscience and jeopardized the reputation of Congress. -
PPM138 Women in Senate Glossy
WOMEN IN THE SENATE CO LITI O hinkle — p S HN O Y J B From left: Sens. OS Barbara Mikul- T O ski of Mary- PH land, Dianne Feinstein of California, and Olympia Snowe and Susan Col- lins of Maine is that she’s been on all the major committees is the only senator to chair two — Ethics and and deeply engaged in every moving issue of our Environment and Public Works. time.” The women owe some of their success to They may not always get the respect, but Mikulski. As the unofficial “dean” of the women’s EYE-OPENER behind the scenes, female senators more caucus, the Maryland Democrat has acted as a den The Magnificent Seven frequently are getting what they want. Schroeder mother to 11 classes of new female senators. HOLIDAY WEEKEND BRUNCH u u u remembers having to plead with powerful When Mikulski first came into the Senate, committee chairmen to get the funding requests she sought out mentors to help her navigate its SUN. & MON., OCT. 11 & 12 • 11AM–3PM of congresswomen heard. complicated and often arcane rules. She turned “They would say, ‘Now, what can I pass for to Ted Kennedy of Massachusetts and Paul NEW ORLEANS PIANO • HURRICANE HOWIE From what was a record high of seven female senators elected in 1992, you girls that won’t cost us any money and will Sarbanes, her Senate colleague from Maryland, BREAKFAST CAFE • BAR make all the women love us?’” she says. calling the two Democrats her “Sir Galahads.” women have gained in numbers – and seniority No one asks those kinds of questions when They helped her land a seat on the powerful LUNCH • DINNER BOOKSTORE women hold the gavel. -
JM-1142 Chairman Committee on Inter- Re: Types of Retirement Plans Governmental Relations That Appraisal Districts May Texas State Senate Offer Their Employees P
February 12, 1990 Honorable Hugh Parmer Opinion No. JM-1142 Chairman Committee on Inter- Re: Types of retirement plans governmental Relations that appraisal districts may Texas State Senate offer their employees P. 0. Box 12068 (RQ-1778) Austin, Texas. .78711 Dear Senator Parmer: We understand you to ask essentially two questions. First, you ask us to specify the types of retirement plans that an appraisal district may offer its employees. Second, you wish to know what will be the income tax consequences to individual appraisal district employees and the proper method of disbursing funds held in any retirement plans in the event that any plans already in place were entered into improperly. Your opinion 'request is prompted.by. the issuance of Attorney General Opinion JM-1068 (1989), which concluded that appraisal districts were without authority to enter into certain contracts providing retirement plans for appraisal district employees. We construed the question submitted in that request to ask whether an appraisal district had the authority to create a local retirement system, authority similar to that conferred on incorporated cities and towns by V.T.C.S. article 6243k and on counties by V.T.C.S. article 62283. Because no statute confers explicit authority on appraisal districts or, for that matter, on any other sort of.special.district to create such a local system, we concluded that no such authority existed.1 The opinion apparently has been misconstrued to 1. This opinion should not be construed to call into question the legitimacy of a plan authorized by special law creating a special district. -
The Bayh-Dole Act at 25
The Bayh-Dole Act at 25 A publication of BayhDole25, Inc 242 West 30th, Suite 801 New York, New York 10001 phone: (646) 827-2196 web: www.bayhdole25.org e-mail: [email protected] April 17, 2006 © 2006 Bayhdole25, Inc. Table of Contents INTRODUCTION....................................................................................................................................... 1 Overview .............................................................................................................................................. 2 Diagram 1: Commercialization of Federally-Funded Research Before the Bayh Dole Act.................. 3 HISTORICAL ORIGINS OF BAYH-DOLE................................................................................................4 Property rights framework .................................................................................................................... 4 Public financing of higher education .................................................................................................... 4 Universities engage in research........................................................................................................... 6 World War II: role of technological innovation...................................................................................... 7 Science: the endless frontier................................................................................................................ 8 Table 1: Federal Support for Academic R & D, 1960-2000 (millions of 1996 dollars) -
Supplement 1
*^b THE BOOK OF THE STATES .\ • I January, 1949 "'Sto >c THE COUNCIL OF STATE'GOVERNMENTS CHICAGO • ••• • • ••'. •" • • • • • 1 ••• • • I* »• - • • . * • ^ • • • • • • 1 ( • 1* #* t 4 •• -• ', 1 • .1 :.• . -.' . • - •>»»'• • H- • f' ' • • • • J -•» J COPYRIGHT, 1949, BY THE COUNCIL OF STATE GOVERNMENTS jk •J . • ) • • • PBir/Tfili i;? THE'UNIfTED STATES OF AMERICA S\ A ' •• • FOREWORD 'he Book of the States, of which this volume is a supplement, is designed rto provide an authoritative source of information on-^state activities, administrations, legislatures, services, problems, and progressi It also reports on work done by the Council of State Governments, the cpm- missions on interstate cooperation, and other agencies concepned with intergovernmental problems. The present suppkinent to the 1948-1949 edition brings up to date, on the basis of information receivjed.from the states by the end of Novem ber, 1948^, the* names of the principal elective administrative officers of the states and of the members of their legislatures. Necessarily, most of the lists of legislators are unofficial, final certification hot having been possible so soon after the election of November 2. In some cases post election contests were pending;. However, every effort for accuracy has been made by state officials who provided the lists aiid by the CouncJLl_ of State Governments. » A second 1949. supplement, to be issued in July, will list appointive administrative officers in all the states, and also their elective officers and legislators, with any revisions of the. present rosters that may be required. ^ Thus the basic, biennial ^oo/t q/7^? States and its two supplements offer comprehensive information on the work of state governments, and current, convenient directories of the men and women who constitute those governments, both in their administrative organizations and in their legislatures. -
Ttac E Tribution to the Florida Iffs Boys Ranch
TNE FLORIDA SHERIFFS ASSOCIATION SOLICITS NO ADYERTISING . PUBLISHED FOR AND DEDICATED TO THE ADVANCEMENT OF GOOD LAW ENFORCEMENT IN FLORIDA Yol. 2, No. 9 TALLAHASSEE, FLORIDA NOVEMBER, 1958 Record Cash Ranch ttift II et stem CLEARWATER —Ed C. Wright, well-known Pinellas County landowner, presented his personal check for S2,500 to Sherifl' Don Genung as a con- Sher- aw ttac e tribution to the Florida iffs Boys Ranch. PANAMA CITY—The Florida Sheriffs Budget System This is the largest cash con- tribution received to date for law which has won nation-wi de acclaim as a major advance the Ranch. Single donations of property and equipment valued in law enforcement has been attacked in circuit court here. at higher sums have been re- The Calhoun County Comm ission has filed a suit claiming ceived, however. Wright, who rarely allows his the law is unconstitutional an d asked the court to issue a name to be used when making a charitable contribution, de- temporary injunction which would prevent Sheriff W. C. clared he didn't mind publicity Reeder from receiving fund s to operate his department in this case because he was "so interested in what is being done under the budget system. Ranch. " at the Boys Sheriff Reeder, backed by the I He called upon all Florida Florida Sheriffs Association, as a general law, is actually a ( citizens to "come forth" and "this won the first round when Judge special act. They told the court support positive step" Clay Lewis denied the injunc- the law is unconstitutional be- against juvenile delinquency.