Interstitial Policy Making in the U.S. Courts of Appeals

Author(s):  
Anna Law
Author(s):  
Eric K. Yamamoto

The concise Epilogue describes the U.S. Supreme Court’s late-2017 vacation of the courts of appeals rulings in the International Refugee Assistance Project v. Trump and Hawaii v. Trump cases (determining that the litigated controversy over the president’s January and March 2017 exclusionary executive orders was moot). It incorporates Justice Sotomayor’s dissent and notes that the lower court rulings “may be persuasive and cited as guidance, but not as binding precedent.” It observes therefore that the Korematsu conundrum persists at the heart of these and future liberty and security controversies: careful judicial scrutiny or near unconditional deference, judicial independence or court passivity.


Author(s):  
MARTIN GILENS ◽  
SHAWN PATTERSON ◽  
PAVIELLE HAINES

Abstract Despite a century of efforts to constrain money in American elections, there is little consensus on whether campaign finance regulations make any appreciable difference. Here we take advantage of a change in the campaign finance regulations of half of the U.S. states mandated by the Supreme Court’s Citizens United decision. This exogenously imposed change in the regulation of independent expenditures provides an advance over the identification strategies used in most previous studies. Using a generalized synthetic control method, we find that after Citizens United, states that had previously banned independent corporate expenditures (and thus were “treated” by the decision) adopted more “corporate-friendly” policies on issues with broad effects on corporations’ welfare; we find no evidence of shifts on policies with little or no effect on corporate welfare. We conclude that even relatively narrow changes in campaign finance regulations can have a substantively meaningful influence on government policy making.


1990 ◽  
Vol 19 (1) ◽  
pp. 5-20
Author(s):  
Larry W. Bowman

Relationships between U.S. government officials and academic specialists working on national security and foreign policy issues with respect to Africa are many and complex. They can be as informal as a phone call or passing conversation or as formalized as a consulting arrangement or research contract. Many contacts exist and there is no doubt that many in both government and the academy value these ties. There have been, however, ongoing controversies about what settings and what topics are appropriate to the government/academic interchange. National security and foreign policy-making in the U.S. is an extremely diffuse process.


Author(s):  
Pamela C. Corley ◽  
Wendy L. Martinek

The three-judge panel mechanism by which the courts of appeals process almost all (though not quite all) of their cases affords scholars unique opportunities to explore how appellate court decision-making may transcend being merely the sum of its parts. Specifically, court of appeals judges pursue their decision-making responsibilities as part of a collegial group, and thus it is important to understand how being a member of a multimember court influences their behavior.


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