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Jeffersonian and Jacksonian Democracy: Reorganization

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0003
Subject:
Political Science, American Politics

This chapter examines the reorganization of the federal judiciary from the beginning of Thomas Jefferson's second term as president in 1805 until just prior to the Compromise of 1850. During the ... More


The Early Republic: Establishment

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0002
Subject:
Political Science, American Politics

This chapter examines the establishment of the federal judiciary from the beginning of George Washington's first term as president in 1789 to the end of Thomas Jefferson's first term in 1805. It ... More


The Measure of Law: Estimating Preferences across Institutions and Time

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0002
Subject:
Law, Legal History

This chapter articulates the challenges that any empirically oriented scholar would have in devising a measure of judicial preferences. It shows that it is impossible to make robust across-time ... More


The Civil War and Reconstruction: Empowerment

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0004
Subject:
Political Science, American Politics

This chapter focuses on the empowerment of the federal judiciary from the Compromise of 1850 (admitting California into the Union as a free state and unofficially signifying the beginning of the ... More


Separation of Powers and the Strategic Constraint

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0006
Subject:
Law, Legal History

Justices have considerable latitude to pursue either their personal preferences or their personal visions of the law. The danger is that the Court gets so far out of line from the rest of the ... More


Introduction

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0001
Subject:
Law, Legal History

This introductory chapter considers the constraints faced by Supreme Court justices. It begins by discussing the attitudinal model, which assumes that justices are “decision makers who always vote ... More


The Gilded Age and the Progressive Era: Restructuring

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0005
Subject:
Political Science, American Politics

This chapter considers the restructuring of the federal judiciary during the period of Republican dominance from the inauguration of Rutherford B. Hayes in 1877 to the inauguration of Woodrow Wilson ... More


Conclusion

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0008
Subject:
Law, Legal History

This concluding chapter first summarizes the book's key themes. These are that justices are influenced by more than just the policy preferences emphasized by the attitudinal model; the law matters ... More


Disentangling Law and Policy Preferences

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.003.0003
Subject:
Law, Legal History

This chapter provides a theoretical framework for disentangling the political and legal perspectives on Court behavior. It shows that, indeed, the problem is knotty and how it is impossible to fully ... More


Statutory Provisions and Higher Court Interpretations

Louis Kaplow

in Competition Policy and Price Fixing

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691158624
eISBN:
9781400846078
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691158624.003.0004
Subject:
Economics and Finance, Economic History

This chapter examines competition law's doctrine on horizontal agreements. It begins by addressing the U.S. statute, Sherman Act Section 1. The chapter then turns to the leading Supreme Court ... More


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