Narrowing Supreme Court precedent from below
RM Re - Geo. lJ, 2015 - HeinOnline
Narrowing Supreme Court Precedent from Below Page 1 Narrowing Supreme Court Precedent
from Below RICHARD M. RE* Lower courts supposedly follow Supreme Court precedent-but …
from Below RICHARD M. RE* Lower courts supposedly follow Supreme Court precedent-but …
The strategic analysis of judicial decisions
Since the 1990s, there has been an explosion of empirical and theoretical work dedicated to
advancing strategic accounts of law and legal institutions. Reviewing this extensive literature …
advancing strategic accounts of law and legal institutions. Reviewing this extensive literature …
The repeat appointment factor: exploring decision patterns of elite investment arbitrators
D Kapeliuk - Cornell L. Rev., 2010 - HeinOnline
Scholars have paid much attention to judicial decision making and behavior.'In exploring the
theoretical aspects of judicial decisions, legal scholars and social scientists have offered …
theoretical aspects of judicial decisions, legal scholars and social scientists have offered …
Support structures and constitutional change: Teles, Southworth, and the conservative legal movement
A Hollis‐Brusky - Law & Social Inquiry, 2011 - cambridge.org
This essay reviews two recent works in political science on the American conservative legal
movement: Steven M. Teles's The Rise of the Conservative Legal Movement: The Battle for …
movement: Steven M. Teles's The Rise of the Conservative Legal Movement: The Battle for …
How the dissent becomes the majority: using federalism to transform coalitions in the US Supreme Court
This Article proposes that dissenting Supreme Court Justices provide cues in their written
opinions about how future litigants can reframe case facts and legal arguments in similar …
opinions about how future litigants can reframe case facts and legal arguments in similar …
Judicial agenda setting through signaling and strategic litigant responses
Throughout its history, the United States Supreme Court has handed down many decisions
that have shaped, and continue to shape, the character of public policy. The kinds of issues …
that have shaped, and continue to shape, the character of public policy. The kinds of issues …
Signaling the Turn: The Supermajority Requirement and Judicial Power on the Constitutional Court of Korea
JS Hong - The American Journal of Comparative Law, 2019 - academic.oup.com
Abstract In South Korea, a vote of at least six justices (out of nine) is required for the
Constitutional Court (CCK) to declare a law unconstitutional. This supermajority requirement …
Constitutional Court (CCK) to declare a law unconstitutional. This supermajority requirement …
Heller, High Water (Mark)-Lower Courts and the New Right to Keep and Bear Arms
BP Denning, GH Reynolds - Hastings LJ, 2008 - HeinOnline
Nearly one year after the Supreme Court handed down its decision in District of Columbia v.
Heller,'lower courts have had a number of opportunities to apply it in challenges to a myriad …
Heller,'lower courts have had a number of opportunities to apply it in challenges to a myriad …
Strategic judicial preference revelation
We examine the revelation of preferences of justices whose true ideologies are not known
when entering the Court but gradually become apparent through their judicial decisions. In a …
when entering the Court but gradually become apparent through their judicial decisions. In a …