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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


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


Public Health and the Judiciary

Daniel D. Stier and Diane M. Nicks

in Law in Public Health Practice

Published in print:
2007
Published Online:
September 2009
ISBN:
9780195301489
eISBN:
9780199863822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195301489.003.0004
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter explores the relations between public health and the judiciary, defined broadly as the U.S. court system, essential functions of the court system, essential people within the court ... 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 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


U.S. Lower Court Practice

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/9780691158624.003.0005
Subject:
Economics and Finance, Economic History

This chapter examines how the lower courts confront central legal questions that routinely arise in price-fixing and other horizontal-restraints cases in which the existence of an agreement is in ... More


American Courts, Global Norms

Martin S. Flaherty

in Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs

Published in print:
2019
Published Online:
May 2020
ISBN:
9780691179124
eISBN:
9780691186122
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691179124.003.0011
Subject:
Political Science, International Relations and Politics

This chapter considers a phenomenon that has consistently been among the most contentious of modern legal controversies—the application by American courts of international human rights. Recent years ... 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


The Early Republic, 1790s–1870s

John B. Nann and Morris L. Cohen

in The Yale Law School Guide to Research in American Legal History

Published in print:
2018
Published Online:
May 2019
ISBN:
9780300118537
eISBN:
9780300235685
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300118537.003.0006
Subject:
Law, Legal History

This chapter looks at sources of information about American law during the 1790s–1870s. To “create” a body of law, most states passed “reception statutes,” which generally allowed English law as of a ... 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


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


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


“No Task for the Amateur or Hothead”: Mississippi and the Battle of Oxford

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/9780691133386.003.0007
Subject:
Political Science, American Politics

This chapter examines the U.S. Supreme Court's ruling in Brown v. Board of Education, which struck down state-mandated segregation in public education, and its implications for southern authoritarian ... More


“Integration with Dignity”: South Carolina Navigates the Clemson Crisis

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/9780691133386.003.0008
Subject:
Political Science, American Politics

This chapter examines how the U.S. Supreme Court's ruling in Brown v. Board of Education sparked a crisis over the desegregation of Clemson College in South Carolina. Prior to Brown, South Carolina's ... More


Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic

Richard E. Ellis

Published in print:
2007
Published Online:
September 2007
ISBN:
9780195323566
eISBN:
9780199788705
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323566.001.0001
Subject:
History, American History: 19th Century

This book examines the public debate that took place over Chief Justice John Marshall's famous decision in McCulloch v. Maryland (1819). It sheds new light on how the case came before the US Supreme ... More


Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs

Martin S. Flaherty

Published in print:
2019
Published Online:
May 2020
ISBN:
9780691179124
eISBN:
9780691186122
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691179124.001.0001
Subject:
Political Science, International Relations and Politics

In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and ... 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 “Red Monday” Decisions, Jencks, 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


The Justices of the Vinson Court, Douds, 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


Deportations, Fallout from Dennis, 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


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