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Judges’ Religion

Brian H. Bornstein and Monica K. Miller

in God in the Courtroom: Religion's Role at Trial

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195328677
eISBN:
9780199869954
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328677.003.006
Subject:
Psychology, Forensic Psychology

This chapter reviews social scientific research on the relationship between judges' religion and their decisions. It begins with a historical perspective on the role of religion in judicial selection ... More


Federalism and Subsidiarity: Perspectives from U.S. Constitutional Law

Steven G. Calabresi and Lucy D. Bickford

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0005
Subject:
Political Science, Political Theory

This chapter examines the relationship between federalism and subsidiarity within the context of U.S. constitutional law. It begins with an overview of the Economics of Federalism and of subsidiarity ... More


Suffrage Restriction under Attack, 1944–47

Robert Mickey

in Paths Out of Dixie: The Democratization of Authoritarian Enclaves in America's Deep South, 1944-1972

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691133386
eISBN:
9781400838783
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691133386.003.0004
Subject:
Political Science, American Politics

This chapter examines the U.S. Supreme Court's ruling in Smith v. Allwright that challenged the restriction on suffrage: it invalidated the all-white Democratic primary and struck at the heart of ... More


Federalism(s)’ Forms and Norms: Contesting Rights, De-Essentializing Jurisdictional Divides, and Temporizing Accommodations

Judith Resnik

in Federalism and Subsidiarity: NOMOS LV

Published in print:
2014
Published Online:
March 2016
ISBN:
9781479868858
eISBN:
9781479821303
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479868858.003.0012
Subject:
Political Science, Political Theory

This chapter examines the sources of identity and norms in federations and the methods for mediating conflicts. It first considers the reasons behind the appeal of federalism, especially in the first ... More


The Founding and Maintenance of Southern Enclaves, 1890–1940

Robert Mickey

in Paths Out of Dixie: The Democratization of Authoritarian Enclaves in America's Deep South, 1944-1972

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691133386
eISBN:
9781400838783
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691133386.003.0002
Subject:
Political Science, American Politics

This chapter focuses on the founding and maintenance of southern authoritarian enclaves during the period 1890–1940. It interprets the post-1890s South as a set of stable enclaves of authoritarian ... More


State Action and Constitutional Containment

Jud Mathews

in Extending Rights' Reach: Constitutions, Private Law, and Judicial Power

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190682910
eISBN:
9780190682941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682910.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter explores the U.S. Supreme Court’s use of, and departures from, the state action rule. It begins by reconstructing the state action rule’s origins in the Civil Rights Cases. From the late ... More


Epilogue

Mary L. Dudziak

in Exporting American Dreams: Thurgood Marshall's African Journey

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691152448
eISBN:
9781400839896
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152448.003.0007
Subject:
History, American History: 20th Century

This chapter details events following Marshall's appointment to the Supreme Court. As a Supreme Court justice, Marshall worked on the problem of race in America. His life's focus became undoing the ... More


Identifying Judicial Activism

Stefanie A. Lindquist and Frank B. Cross

in Measuring Judicial Activism

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195370850
eISBN:
9780199870790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370850.003.0002
Subject:
Law, Comparative Law

To assess judicial activism empirically, this chapter looks more explicitly at the potential for dimensions of judicial activism to be identified and measured. Because the exercise of judicial review ... More


The Justices of the Vinson Court, <i>Douds</i>, and the Start of the Court’s McCarthy Era: (October Term 1949)

Robert M. Lichtman

in The Supreme Court and McCarthy-Era Repression: One Hundred Decisions

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252037009
eISBN:
9780252094125
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037009.003.0002
Subject:
Law, Legal History

This chapter discusses the U.S. Supreme Court’s decisions during its October 1949 term. The Court convened for its new term on Monday, October 3, 1949. The beginnings of what would soon be a heavy ... More


Political Repression and Court-Curbing

Robert M. Lichtman

in The Supreme Court and McCarthy-Era Repression: One Hundred Decisions

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252037009
eISBN:
9780252094125
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037009.003.0013
Subject:
Law, Legal History

This introductory chapter provides an overview of the book’s main themes. This book is about the situation faced by Supreme Court justices in the McCarthy era, obliged in scores of cases over more ... More


Supreme Court Rulings

Ben Herzog

in Revoking Citizenship: Expatriation in America from the Colonial Era to the War on Terror

Published in print:
2015
Published Online:
May 2016
ISBN:
9780814760383
eISBN:
9780814770962
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814760383.003.0007
Subject:
Law, Human Rights and Immigration

This chapter brings to the fore the current American perspective on taking away citizenship. In the past, expatriation was mainly enforced as a punishment for un-American activities. Even though ... More


The “Red Monday” Decisions, <i>Jencks</i>, and a Crescendo of Anti-Court Attacks: (October Term 1956)

Robert M. Lichtman

in The Supreme Court and McCarthy-Era Repression: One Hundred Decisions

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252037009
eISBN:
9780252094125
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037009.003.0007
Subject:
Law, Legal History

This chapter discusses the U.S. Supreme Court’s decisions during its October 1956 term. The Court’s level of resistance to repressive McCarthy-era government action reached its zenith in the 1956 ... More


Federal Job Proposals

Anna R. Hayes

in Without Precedent: The Life of Susie Marshall Sharp

Published in print:
2008
Published Online:
July 2014
ISBN:
9780807832141
eISBN:
9781469605807
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807887813_hayes.20
Subject:
History, American History: 20th Century

This chapter describes the constant battle Justice Sharp had to fight to keep from getting “promoted” to the federal bench, either the Fourth Circuit Court of Appeals or the U.S. Supreme Court. ... More


Deportations, Fallout from <i>Dennis</i>, and the Rosenberg Case: (October Terms 1951 and 1952, Special Term 1953)

Robert M. Lichtman

in The Supreme Court and McCarthy-Era Repression: One Hundred Decisions

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252037009
eISBN:
9780252094125
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037009.003.0004
Subject:
Law, Legal History

This chapter discusses the U.S. Supreme Court’s decisions during its October 1951 and 1952 terms and Special term in 1953. The decisions in the 1951 and 1952 terms largely sustained government ... More


<i>Barenblatt, Uphaus</i>, and the Court in Retreat: (October Terms 1958 and 1959)

Robert M. Lichtman

in The Supreme Court and McCarthy-Era Repression: One Hundred Decisions

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252037009
eISBN:
9780252094125
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037009.003.0009
Subject:
Law, Legal History

This chapter discusses the U.S. Supreme Court’s decisions during its October 1958 and 1959 terms. The most important decisions were Barenblatt v. United States and Uphaus v. Wyman, in which the Court ... More


The Ducktown Desert and Georgia's First Smoke Suit

Duncan Maysilles

in Ducktown Smoke: The Fight over One of the South's Greatest Environmental Disasters

Published in print:
2011
Published Online:
July 2014
ISBN:
9780807834596
eISBN:
9781469603155
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807877937_maysilles.9
Subject:
Environmental Science, Environmental Studies

This chapter focuses on Attorney General John C. Hart's six-hundred-mile trip from Atlanta to Washington, D.C. The occasion was Hart's first appearance before the U.S. Supreme Court in Georgia's ... More


International Human Rights Law

Aryeh Neier

in The International Human Rights Movement: A History

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691135151
eISBN:
9781400841875
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691135151.003.0004
Subject:
Sociology, Migration Studies (including Refugee Studies)

This chapter focuses on the two sources of international law: custom and treaties. Customary international law is the term used to describe rules that are so widely accepted and so deeply held that ... More


Racially Biased Policing: A Review of the Judicial and Legislative Literature

Delores Jones-Brown and Brian A. Maule

in Race, Ethnicity, and Policing: New and Essential Readings

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814776155
eISBN:
9780814777480
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814776155.003.0006
Subject:
Sociology, Law, Crime and Deviance

This chapter provides an overview of the fundamental constitutional rights that inform the study of race, ethnicity, and policing; the socio-legal background in which these rights are embedded; and ... More


Interracial Differences in the Legitimacy of the U.S. Supreme Court

James L. Gibson and Michael J. Nelson

in Black and Blue: How African Americans Judge the U.S. Legal System

Published in print:
2018
Published Online:
November 2018
ISBN:
9780190865214
eISBN:
9780190865252
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865214.003.0002
Subject:
Law, Constitutional and Administrative Law

Despite a series of high-profile confrontations between blacks and the U.S. legal system, ranging from protests in Ferguson, Missouri to the U.S. Supreme Court’s decision to gut the Voting Rights ... More


<i>Beilan, Lerner</i>, and the Court’s Shift, Passport Cases, and Congress’s Court-Curbing Climax: (October Term 1957)

Robert M. Lichtman

in The Supreme Court and McCarthy-Era Repression: One Hundred Decisions

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252037009
eISBN:
9780252094125
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037009.003.0008
Subject:
Law, Legal History

This chapter discusses the U.S. Supreme Court’s decisions during its October 1957 term. The continued heavy flow of “Communist” cases produced fourteen signed decisions and two via per curiam ... More


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