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The Political Effects of the Addition of Judgeships to the United States Supreme Court Following Electoral Realignments
A Compliant Court: The Political Effects of the Addition of Judgeships to the United States Supreme Court Following Electoral Realignments Lauren Paige Joyce Judson Thesis submitted to the faculty of the Virginia Polytechnic Institute and State University in partial fulfillment of the requirements for the degree of: Master of Arts In Political Science Jason P. Kelly, Chair Wayne D. Moore Karen M. Hult August 7, 2014 Blacksburg, Virginia Keywords: Judicial Politics, Electoral Realignment, Alteration to the Supreme Court Copyright 2014, Lauren J. Judson A Compliant Court: The Political Effects of the Addition of Judgeships to the United States Supreme Court Following Electoral Realignments Lauren J. Judson ABSTRACT During periods of turmoil when ideological preferences between the federal branches of government fail to align, the relationship between the three quickly turns tumultuous. Electoral realignments especially have the potential to increase tension between the branches. When a new party replaces the “old order” in both the legislature and the executive branches, the possibility for conflict emerges with the Court. Justices who make decisions based on old regime preferences of the party that had appointed them to the bench will likely clash with the new ideological preferences of the incoming party. In these circumstances, the president or Congress may seek to weaken the influence of the Court through court-curbing methods. One example Congress may utilize is changing the actual size of the Supreme The size of the Supreme Court has increased four times in United States history, and three out of the four alterations happened after an electoral realignment. Through analysis of Supreme Court cases, this thesis seeks to determine if, after an electoral realignment, holdings of the Court on issues of policy were more congruent with the new party in power after the change in composition as well to examine any change in individual vote tallies of the justices driven by the voting behavior of the newly appointed justice(s). -
16-1423 Ortiz V. United States (06/22/2018)
Summary 6/25/2018 1:41:01 PM Differences exist between documents. New Document: Old Document: 16-1423_new 16-1423 71 pages (394 KB) 71 pages (394 KB) 6/25/2018 1:40:53 PM 6/25/2018 1:40:53 PM Used to display results. Get started: first change is on page 43. No pages were deleted How to read this report Highlight indicates a change. Deleted indicates deleted content. indicates pages were changed. indicates pages were moved. file://NoURLProvided[6/25/2018 1:41:22 PM] (Slip Opinion) OCTOBER TERM, 2017 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus ORTIZ v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES No. 16–1423. Argued January 16, 2018—Decided June 22, 2018 Congress has long provided for specialized military courts to adjudicate charges against service members. Today, courts-martial hear cases involving crimes unconnected with military service. They are also subject to several tiers of appellate review, and thus are part of an in- tegrated “court-martial system” that resembles civilian structures of justice. That system begins with the court-martial itself, a tribunal that determines guilt or innocence and levies punishment, up to life- time imprisonment or execution. -
Curriculum Vitae
CURRICULUM VITAE JEFFREY B. MORRIS 234 Forest Road Touro College Little Neck, NY 11363 Jacob D. Fuchsberg Law Center (718) 428-3507 225 Eastview Drive e-mail: [email protected] Central Islip, NY 11722 (631) 761-7135 [email protected] EDUCATION Ph.D. in Political Science, Columbia University 1972 J.D., School of Law, Columbia University 1965 B.A., Princeton University 1962 PROFESSIONAL TEACHING EXPERIENCE Professor of Law Touro College, Jacob D. Fuchsberg Law Center 1995-Present Associate Professor of Law, 1990-95 Touro College, Jacob D. Fuchsberg Law Center Visiting Associate Professor of Law, 1988-90 Brooklyn Law School Assistant Professor of Political Science, 1981-88 University of Pennsylvania Department of Political Science, 1968-74 The City College of the City University of New York (Lecturer, 1968-70; Instructor, 1970-72; Assistant Professor, 1972-74) Lecturer in Law, Baruch College, Summer 1967 City University of New York COURSES TAUGHT ABROAD, TOURO SUMMER PROGRAMS Israel Program – Comparative „Church-State‟ Law 2011 Germany Program – Comparative Constitutional Law 2004, 2005 India Program – Comparative Supreme Courts: U.S. and India 1999 ADJUNCT TEACHING Brooklyn Law School 2002 Honors College, Adelphi University 2004 HONORS Christian R. and Mary F. Lindback Award for Distinguished 1986 Teaching [for “teaching that is intellectually demanding, unusually coherent, and permanent in its effect”] at the University of Pennsylvania Selected as one of three Judicial Fellows in the United States 1976-77 JUDICIAL COMMITTEES AND CONFERENCES Member, Second Circuit Committee on Historical and 1995-2000 Commemorative Events Member, Judicial Conference of the District of Columbia Circuit 1990-92 ADDITIONAL PROFESSIONAL EXPERIENCE Research Associate to the Administrative Assistant 1976-81 to the Chief Justice of the United States Research and analysis for the Chief Justice of the United States, Warren E. -
Justice Sherman Minton and the Protection of Minority Rights, 34 Wash
Washington and Lee Law Review Volume 34 | Issue 1 Article 6 Winter 1-1-1977 Justice Sherman Minton And The rP otection Of Minority Rights David N. Atkinson Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Civil Rights and Discrimination Commons Recommended Citation David N. Atkinson, Justice Sherman Minton And The Protection Of Minority Rights, 34 Wash. & Lee L. Rev. 97 (1977), https://scholarlycommons.law.wlu.edu/wlulr/vol34/iss1/6 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. JUSTICE SHERMAN MINTON AND THE PROTECTION OF MINORITY RIGHTS* DAVID N. ATKINSON** Discrimination in education, in housing, and in employment brought cases before the Vinson Court which were often resolved by a nearly unanimous vote, but they frequently raised constitutional and institutional dilemmas of agonizing dimensions. A fundamental commitment of the Court at this time was accurately reflected by Justice Jackson's off-the-Court admonition to his colleagues on the inadvisability of seizing "the initiative in shaping the policy of the law, either by constitutional interpretation or by statutory construc- tion."' There were strong voices within the Vinson Court which held rigorously to Justice Holmes' dictum that "judges do and must legis- late, but they can do so only interstitially; they are confined from molar to molecular motions." Institutional caution, theoretically at * This is the fifth and final of a series of articles written by Professor Atkinson dealing with the Supreme Court career of Justice Sherman Minton. -
DID the FIRST JUSTICE HARLAN HAVE a BLACK BROTHER? James W
Western New England Law Review Volume 15 15 (1993) Article 1 Issue 2 1-1-1993 DID THE FIRST JUSTICE HARLAN HAVE A BLACK BROTHER? James W. Gordon Follow this and additional works at: http://digitalcommons.law.wne.edu/lawreview Recommended Citation James W. Gordon, DID THE FIRST JUSTICE HARLAN HAVE A BLACK BROTHER?, 15 W. New Eng. L. Rev. 159 (1993), http://digitalcommons.law.wne.edu/lawreview/vol15/iss2/1 This Article is brought to you for free and open access by the Law Review & Student Publications at Digital Commons @ Western New England University School of Law. It has been accepted for inclusion in Western New England Law Review by an authorized administrator of Digital Commons @ Western New England University School of Law. For more information, please contact [email protected]. Volume 15 Issue 2 WESTERN NEW ENGLAND 1993 LAW REVIEW DID THE FIRST JUSTICE HARLAN HAVE A BLACK BROTHER? JAMES W. GORDON· INTRODUCTION On September 18, 1848, James Harlan, father of future Supreme Court Justice John Marshall Harlan, appeared in the Franklin County Court for the purpose of freeing his mulatto slave, Robert Harlan.! This appearance formalized Robert's free status and exposed a re • Professor of Law, Western New England College School of Law; J.D., University of Kentucky, 1974; Ph.D., University of Kentucky, 1981; B.A., University of Louisville, 1971. The author wishes to thank Howard I. Kalodner, Dean of Western New England College School of Law, for supporting this project with a summer research grant. The author also wishes to thank Catherine Jones, Stephanie Levin, Donald Korobkin, and Arthur Wolf for their detailed critiques and helpful comments on earlier drafts of this Article. -
Just Because John Marshall Said It, Doesn't Make It So: Ex Parte
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2000 Just Because John Marshall Said it, Doesn't Make it So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1789 Eric M. Freedman Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation Eric M. Freedman, Just Because John Marshall Said it, Doesn't Make it So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1789, 51 Ala. L. Rev. 531 (2000) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/53 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. MILESTONES IN HABEAS CORPUS: PART I JUST BECAUSE JOHN MARSHALL SAID IT, DOESN'T MAKE IT So: Ex PARTE BoLLMAN AND THE ILLUSORY PROHIBITION ON THE FEDERAL WRIT OF HABEAS CORPUS FOR STATE PRISONERS IN THE JUDIcIARY ACT OF 1789 Eric M. Freedman* * Professor of Law, Hofstra University School of Law ([email protected]). BA 1975, Yale University;, MA 1977, Victoria University of Wellington (New Zea- land); J.D. 1979, Yale University. This work is copyrighted by the author, who retains all rights thereto. -
The Importance of Dissent and the Imperative of Judicial Civility
Valparaiso University Law Review Volume 28 Number 2 Symposium on Civility and Judicial Ethics in the 1990s: Professionalism in the pp.583-646 Practice of Law Symposium on Civility and Judicial Ethics in the 1990s: Professionalism in the Practice of Law The Importance of Dissent and the Imperative of Judicial Civility Edward McGlynn Gaffney Jr. Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Edward McGlynn Gaffney Jr., The Importance of Dissent and the Imperative of Judicial Civility, 28 Val. U. L. Rev. 583 (1994). Available at: https://scholar.valpo.edu/vulr/vol28/iss2/5 This Symposium is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Gaffney: The Importance of Dissent and the Imperative of Judicial Civility THE IMPORTANCE OF DISSENT AND THE IMPERATIVE OF JUDICIAL CIVILITY EDWARD McGLYNN GAFFNEY, JR.* A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the errorinto which the dissentingjudge believes the court to have been betrayed... Independence does not mean cantankerousness and ajudge may be a strongjudge without being an impossibleperson. Nothing is more distressing on any bench than the exhibition of a captious, impatient, querulous spirit.' Charles Evans Hughes I. INTRODUCTION Charles Evans Hughes served as Associate Justice of the Supreme Court from 1910 to 1916 and as Chief Justice of the United States from 1930 to 1941. -
Rare Books & Special Collections Tarlton Law Library University Of
Rare Books & Special Collections Tarlton Law Library University of Texas at Austin 727 E. 26th St., Austin, Texas 78705-3224 512/471-7263 SUPREME COURT NOMINATIONS RESEARCH FILES, 1823-1955, Bulk 1860-1939 Inventory Date printed: SUPREME COURT NOMINATIONS RESEARCH FILES Inventory Extent: 1.25 linear ft. (3 boxes). Frank, John P., 1917-2002- John P. Frank, a noted attorney and constitutional scholar, was born in 1917. He received his LL.B. at the University of Wisconsin, and his J.S.D. from Yale University. He was law clerk to Justice Hugo L. Black at the October, 1942 term, among other prominent positions. He taught law from 1946 to 1954 at Indiana and Yale Universities. He has authored 12 books on the Supreme Court, the Constitution and constitutional law. A senior partner with the Phoenix firm of Lewis and Roca, which he joined in 1954, Frank was lead counsel on the ground-breaking Miranda v. Arizona case, and served as counsel to Anita Hill during the Clarence Thomas confirmation hearings. While serving on the Committee on Rules of Civil Procedure, Frank led a group that worked on drafting revisions to Rule 11 attorney sanctions. Frank also served from 1960 to 1970 on the Advisory Committee of Civil Procedure of the Judicial Conference of the United States. Scope and Content: The collection consists of research into U.S. Supreme Court nominations of the 19th and 20th centuries, and includes 8 inches of printed materials and 7 microfilm reels (35mm), 1823-1939 (bulk 1860-1939), collected by Frank, for a research project concerning Supreme Court nominations. -
Law Clerk Influence on Supreme Court Decision Making: an Empirical Assessment
DePaul Law Review Volume 58 Issue 1 Fall 2008 Article 3 Law Clerk Influence on Supreme Court Decision Making: An Empirical Assessment Todd C. Peppers Christopher Zorn Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Todd C. Peppers & Christopher Zorn, Law Clerk Influence on Supreme Court Decision Making: An Empirical Assessment , 58 DePaul L. Rev. 51 (2008) Available at: https://via.library.depaul.edu/law-review/vol58/iss1/3 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. LAW CLERK INFLUENCE ON SUPREME COURT DECISION MAKING: AN EMPIRICAL ASSESSMENT Todd C. Peppers* and Christopher Zorn** INTRODUCTION In the past ten years, U.S. Supreme Court law clerks have achieved a visibility unmatched in Supreme Court history. A former Blackmun clerk wrote a tell-all tale of law clerk mischief at the Supreme Court,' a series of articles in USA Today addressing the lack of law clerk di- versity sparked protests and the grilling of Supreme Court Justices by congressional subcommittees, 2 former clerks offered insight into the turmoil gripping the Court during the 2000 presidential election,3 and two new television series focused on the behind-the-scenes machina- tions of Supreme Court clerks.4 The decade of the law clerk culminated in the publication of two major academic works on Su- preme Court law clerks.5 Both books sought to provide a thorough * Associate Professor of Political Science, Roanoke College; Lecturer in Law, Washington and Lee School of Law. -
J Kisolo Ssonko
On Collective Action: underpinning the plural subject with a model of planning agency Joseph Kisolo-Ssonko Thesis submitted for the degree of Doctor of Philosophy Department of Philosophy University of Sheffield March 2014 Abstract This thesis aims to give an account of collective action. It starts with a detaile presentation of its underl!ing phenomenolog!. It is argue that in order to un erstan this phenomenolog!" we must move be!on the framework of individual agency$ thus re%ecting &ichael 'ratman's Share Cooperative Activit! Account. )oing so opens up a space for &argaret *ilbert's +lural Su#%ect Theor!. +lural Su#%ect Theor! is presente as capturing this phenomenolog! #! allowing that we can act as collective agents. ,owever" it also creates a pu--le centring on the relation #etween individual autonom! an constraint #! the collective will. The solution to this pu--le" this thesis argues" is to appl! 'ratman's planning theor! of agency to the collective agent. In doing so" *ilbert(s theor! is improve " such that it is #etter able to capture the sense in which living social lives entangles our sense of individual agentive identit! with our sense of collective agentive identit!. Acknowledgements I woul like to thank the .niversit! of Sheffiel Philosoph! Department for funding me to complete a research training &A and encouraging me to take up the Ph)$ the A,/C for providing me with the funding to allow me to undertake the Ph)$ and Steve )eegan for proofrea ing and recommending many a itional commas. I have #enefite greatl! from the guidance and support of m! supervisors" Paul 0aulkner and /osanna Keefe. -
Abington School District V. Schempp 1 Ableman V. Booth 1 Abortion 2
TABLE OF CONTENTS VOLUME 1 Bill of Rights 66 Birth Control and Contraception 71 Abington School District v. Schempp 1 Hugo L. Black 73 Ableman v. Booth 1 Harry A. Blackmun 75 Abortion 2 John Blair, Jr. 77 Adamson v. California 8 Samuel Blatchford 78 Adarand Constructors v. Peña 8 Board of Education of Oklahoma City v. Dowell 79 Adkins v. Children’s Hospital 10 Bob Jones University v. United States 80 Adoptive Couple v. Baby Girl 13 Boerne v. Flores 81 Advisory Opinions 15 Bolling v. Sharpe 81 Affirmative Action 15 Bond v. United States 82 Afroyim v. Rusk 21 Boumediene v. Bush 83 Age Discrimination 22 Bowers v. Hardwick 84 Samuel A. Alito, Jr. 24 Boyd v. United States 86 Allgeyer v. Louisiana 26 Boy Scouts of America v. Dale 86 Americans with Disabilities Act 27 Joseph P. Bradley 87 Antitrust Law 29 Bradwell v. Illinois 89 Appellate Jurisdiction 33 Louis D. Brandeis 90 Argersinger v. Hamlin 36 Brandenburg v. Ohio 92 Arizona v. United States 36 William J. Brennan, Jr. 92 Arlington Heights v. Metropolitan Housing David J. Brewer 96 Development Corporation 37 Stephen G. Breyer 97 Ashcroft v. Free Speech Coalition 38 Briefs 99 Ashwander v. Tennessee Valley Authority 38 Bronson v. Kinzie 101 Assembly and Association, Freedom of 39 Henry B. Brown 101 Arizona v. Gant 42 Brown v. Board of Education 102 Atkins v. Virginia 43 Brown v. Entertainment Merchants Association 104 Automobile Searches 45 Brown v. Maryland 106 Brown v. Mississippi 106 Bad Tendency Test 46 Brushaber v. Union Pacific Railroad Company 107 Bail 47 Buchanan v. -
![A Survey of Statistical Network Models Arxiv:0912.5410V1 [Stat.ME]](https://docslib.b-cdn.net/cover/7590/a-survey-of-statistical-network-models-arxiv-0912-5410v1-stat-me-617590.webp)
A Survey of Statistical Network Models Arxiv:0912.5410V1 [Stat.ME]
A Survey of Statistical Network Models Anna Goldenberg Alice X. Zheng University of Toronto Microsoft Research Stephen E. Fienberg Edoardo M. Airoldi Carnegie Mellon University Harvard University arXiv:0912.5410v1 [stat.ME] 29 Dec 2009 December 2009 2 Contents Preface 1 1 Introduction3 1.1 Overview of Modeling Approaches . .4 1.2 What This Survey Does Not Cover . .7 2 Motivation and Dataset Examples9 2.1 Motivations for Network Analysis . .9 2.2 Sample Datasets . 10 2.2.1 Sampson's \Monastery" Study . 11 2.2.2 The Enron Email Corpus . 12 2.2.3 The Protein Interaction Network in Budding Yeast . 14 2.2.4 The Add Health Adolescent Relationship and HIV Transmission Study 14 2.2.5 The Framingham \Obesity" Study . 16 2.2.6 The NIPS Paper Co-Authorship Dataset . 17 3 Static Network Models 21 3.1 Basic Notation and Terminology . 21 3.2 The Erd¨os-R´enyi-Gilbert Random Graph Model . 22 3.3 The Exchangeable Graph Model . 23 3.4 The p1 Model for Social Networks . 27 3.5 p2 Models for Social Networks and Their Bayesian Relatives . 29 3.6 Exponential Random Graph Models . 30 3.7 Random Graph Models with Fixed Degree Distribution . 32 3.8 Blockmodels, Stochastic Blockmodels and Community Discovery . 33 3.9 Latent Space Models . 36 3.9.1 Comparison with Stochastic Blockmodels . 38 4 Dynamic Models for Longitudinal Data 41 4.1 Random Graphs and the Preferential Attachment Model . 41 4.2 Small-World Models . 44 4.3 Duplication-Attachment Models . 46 4.4 Continuous Time Markov Chain Models .