How rational are justices on the Supreme Court of the United States? Doctrinal considerations during agenda setting

2011 ◽  
Vol 23 (4) ◽  
pp. 452-477 ◽  
Author(s):  
Udi Sommer

Justices on the US Supreme Court are rational and therefore strategic policymakers. Yet, how rational are they? How far into the future would their strategic considerations reach? Due to potential influence on both policy and doctrine, ceteris paribus they find opinion authorship desirable; when selecting cases, in addition to thinking about legal issues and the final disposition, justices strategically consider opinion crafting. To overcome the measurement error inherent to the estimation of rational behavior of the type proposed here, the Simulation Extrapolation protocol is introduced. There is strong support for the notion of doctrine-minded justices at cert. The social implications of such rational behavior are far-reaching; employing this strategy, over the course of her time in office, a justice would be able to considerably influence several policy and legal issues. In closing, implications of strategic behavior on the individual-justice level for the constitutional position of the Court within American society are discussed.

2003 ◽  
Vol 31 (1) ◽  
pp. 130-143 ◽  
Author(s):  
Danuta Mendelson ◽  
Timothy Stoltzfus Jost

Since the Supreme Court of New Jersey decided the Quinlan case a quarter of a century ago, three American Supreme Court decisions and a host of state appellate decisions have addressed end-of-life issues. These decisions, as well as legislation addressing the same issues, have prompted a torrent of law journal articles analyzing every aspect of end-of-life law. In recent years, moreover, a number of law review articles, many published in this journal, have also specifically addressed legal issues raised by palliative care. Much less is known in the United States, however, as to how other countries address these issues. Reflection on the experience and analysis of other nations may give Americans a better understanding of their own experience, as well as suggest improvements to their present way of dealing with the difficult problems in this area.This article offers a conceptual and comparative analysis of major legal issues relating to end-of-life treatment and to the treatment of pain in a number of countries. In particular, it focuses on the law of Australia, Canada, the United Kingdom, Poland, France, the Netherlands, Germany, and Japan.


2021 ◽  
Author(s):  
◽  
Margaret Maile Petty

<p>Cultures of Light is set within a period that stretches from the late nineteenth to the mid-twentieth century in the United States, an era in which nearly every aspect of American life was impacted to a lesser or greater degree by the introduction, distribution and integration of electric power and light. By no means attempting to comprehensively examine the impact and effects of this expansive transformation, this thesis has a narrow but meaningful target, defined by key intersections of electric lighting and American culture. Primarily concerned with the investigation of culturally bound ideas and practices as mediated through electric light and its applications, my thesis is focused on particular instances of this interplay. These include its role in supporting nationalizing narratives and agendas through large-scale demonstrations at world’s fairs and exhibitions, in the search for and expression of modernism and its variations in the United States. Similarly electricity and electric light throughout the better part of the twentieth century was scaled to the level of the individual through a number of mechanisms and narratives. Most prominently the electric light industry employed gendered discourses, practices and beliefs in their efforts to grow the market, calling upon the assistance of a host of cultural influencers, from movie stars to architects to interior designers, instigating a renegotiation of established approaches to the design of architecture and the visual environment. Connecting common themes and persistent concerns across these seemingly disparate subject areas through the examination of cultural beliefs, practices, rituals and traditions, Cultures of Light seeks to illustrate the deep and lasting significance of electric light within American society in the twentieth century.</p>


Author(s):  
Martin A. Goldberg ◽  
James Murdy

The United States Supreme Court recently considered challenges to two state laws regarding direct shipment of wine and spirits from out-of-state. Michigan law banned these direct shipments completely, requiring sales from out-of-state to be made through a Michigan wholesaler, even though it permitted direct shipments from within the state. New York law similarly banned direct shipments, although it created a narrow exception for out-of-state wine producers who maintained a place of business within New York. In Granholm v. Heald, the United States Supreme Court considered the constitutionality of these laws in light of the constitutional prohibition against state laws that unreasonably burden interstate commerce. The Court held that these laws did in fact impermissibly discriminate against interstate commerce, and were unconstitutional. It held that a state may permit direct shipments or prohibit them, but it could not create a discriminatory system where in-state direct shipment were permitted but out-of-state shipments were prohibited or burdened with additional costs. This decision left it to the individual state governments to fashion whatever direct shipment laws they wished, as long as the laws did not treat shipments from out of state differently from shipments within the state. As the individual states respond to this mandate, we can see how these new laws will impact wine tourism, actual and Internet travel for the purpose of experiencing and purchasing regional wines.


2005 ◽  
Vol 66 (4) ◽  
Author(s):  
Stephen F. Donahue

For better or for worse, our Constitution ensures that the basic rights of fair procedure are guaranteed to all American citizens, including those accused of crime, no matter how much society may disapprove of their actions. The United States Supreme Court has expressly provided that “[d]ue process of law is the primary and indispensable foundation of individual freedom” and effectively serves as the “basic and essential term in the social compact which defines the rights of the individual and delimits the powers which the state may exercise.” Recognizing that the failure to observe fundamental procedural due process guarantees has historically resulted in substantial unfairness to criminal defendants, the Court has worked to establish heightened procedural safeguards in criminal proceedings over the latter half of the past century.6 In this sense, the Court has openly embraced the belief that “the progression of history, and especially the deepening realization of the substance and procedures that justice and the demands of human dignity require” has called for courts to “invest the command of ‘due process of law’ with increasingly greater substance.” Consequently, the Supreme Court has set a clear example that lower courts must move forward “with advancing the conception of human rights in according procedural as well as substantive rights to individuals accused of conflict with the criminal laws.”


1987 ◽  
Vol 8 (1) ◽  
pp. 43
Author(s):  
Emory Elliott

This essay sustains that the contemporary economic yearnings of American society are deeply rooted in seventeenth century Puritan Massachusetts — a cultural heritage which the people are unwilling and perhaps unable to abandon.The author identifies five of the most firmly-held assumptions as a beginning for the study of cultural values and economics in the United States today: 1. The assumption that America has a special, divinely ordained role as a world leader — exemplar of democratic ideals; 2. An assumption that those in power and authority should be willing to sacrifice something for the common good; 3. A sense of pride in the product itself and identity with the institution; 4. A sense of certain independence from the employer based on the integrity of the individual; 5. The assumption that individuals and institutions adhere to a set of shared moral principles. The essay concludes that the strengths of the Protestant ethic which have become part of the national ideology have begun to produce more barriers than benefits to progress and that what is urgently needed in the United States today is creative and imaginative leadership.   Este artigo sustenta que os anseios econômicos contemporâneos da sociedade americana estão profundamente arraigados na Massachusetts puritana do século dezessete — herança cultural da qual o povo não quer e talvez não consiga se libertar.O autor apresenta cinco das pressuposições mais enraizadas, como ponto de partida para o estudo dos valores culturais e econômicos dos Estados Unidos de hoje: 1. A suposição de que os Estados Unidos representam um papel conferido por Deus, como líder mundial — modelo dos ideais democráticos; 2. Uma suposição de que os detentores do poder e as autoridades deveriam estar dispostos ao sacrifício pelo bem comum; 3. Um sentimento de orgulho por aquilo que produzem e identificação com a instituição; 4. Um sentido de certa independência do empregador, baseado na integridade do indivíduo; 5. A suposição de que os indivíduos e as instituições são fiéis a um conjunto geral de princípios morais. O artigo conclui que a força da ética protestante, que é parte da ideologia americana, passou a gerar mais obstáculos do que benefícios para o progresso, e que os Estados Unidos de hoje precisam urgentemente de liderança imaginativa e criadora.


1981 ◽  
Vol 13 (10) ◽  
pp. 1197-1232 ◽  
Author(s):  
G L Clark

The rules and standards of law both regulate behavior (individual or group) and provide the context within which behavior occurs. By means of a hermeneutic framework, the spatial integration of the United States economy is interpreted in terms of the structure and application of laws adjudicated by the Supreme Court. Emphasis is placed, in particular, upon the substantive aspects of law which have provided the conditions for national economic growth. It is argued that spatial integration can be derived as an outcome from earlier debates between competing classes of the revolutionary era and from an agreement between these classes that the basic unit of American society would be the individual. However, it is also shown that control of the state by the ruling class also enabled the implementation of a policy of spatial integration as part of an overall agenda of national economic development. Evidence in support of this interpretation is drawn from Supreme Court decisions relating, for example, to the Commerce Clause and relative legal autonomy of the local state.


1987 ◽  
Vol 13 (2-3) ◽  
pp. 315-334
Author(s):  
Harold Hongju Koh

The American Society of Law and Medicine has chosen to honor Associate Justice Harry A. Blackmun of the United States Supreme Court with its first Presidents’ Award for Distinguished Contributions to the Fields of Law and Medicine. It is my task to explain why that honor is so richly deserved.To me the answer is simple: as much as any other judge in our Nation's two hundred-year constitutional history, Harry Blackmun has shaped and defined our modern conception of the constitutional right to privacy, as well as our developing notions of the scope and limits of medical privacy. During his twenty-eight years on the federal bench and his seventeen years on the Supreme Court, Justice Blackmun has played a major role in rebalancing what I call “the medical triad” — the triangular relationship among the patient, the doctor and the state, with which this Society's members are so intimately familiar.


2001 ◽  
Vol 34 (2) ◽  
pp. 377-399 ◽  
Author(s):  
C. L. Ostberg ◽  
Matthew E. Wetstein ◽  
Craig R. Ducat

Policy convergence theory suggests that political leaders of societies will often emulate policy solutions that work in other settings. Yet political leaders can also reject policy alternatives, leading to policy divergence. This study explores the extent to which policy convergence (and/or divergence) takes place in the legal setting of citation practices by the Supreme Court of Canada. The authors examine the Court's practice of citing authorities from other countries, particularly the United States. The findings echo earlier works that have found increasing citation of US case law since the adoption of the Canadian Charter of Rights and Freedoms in 1982. The justices of the Canadian Supreme Court continue to devote considerable attention to the legal doctrines of other countries' courts, particularly when they are confronted with Charter disputes. Thus, convergence theory gets some qualified support when applied to the Canadian Supreme Court's citation practices. The authors provide several complementary explanations for this evidence of policy emulation, suggesting that it stems from the individual attitudes of justices, from the litigation strategies pursued by groups and from broader societal values that the justices adhere to in their rulings. As such, foreign citation patterns of justices on the Supreme Court of Canada should not only be of interest to public law scholars, but to political scientists generally.La théorie sur la convergence des politiques soutient que les dirigeants des sociétés imitent souvent les solutions politiques qui ont fait leur preuve dans d'autres contextes. Les dirigeants peuvent également, cependant, rejeter les alternatives politiques menant à des divergences. Cette étude examine la portée de la convergence (ou des divergences) des politiques dans le cadre des pratiques de citation de la Cour suprême du Canada, lorsque celles-ci concernent les autorités de d'autres pays, les États-Unis en particulier. Ses conclusions rejoignent celles de travaux antérieurs qui ont constaté une augmentation des citations des lois américaines depuis l'adoption de la Charte canadienne des droits et libertés, en l982. Les juges de la Cour Suprême du Canada continuent d'accorder une attention importante aux doctrines légales des cours des autres pays, en particulier lorsqu'ils sont confrontés à des contestations de la Charte. Donc la théorie de la convergence est confirmée dans une certaine mesure par les pratiques de citation de la Cour suprême du Canada. L'article fournit plusieurs explications complémentaires de cette politique d'imitation, suggérant qu'elle origine des attitudes individuelles des juges, des stratégies de contestation utilisées par les groupes et, plus largement, des valeurs sociétales auxquelles se référent les juges dans leurs décisions. Par conséquent, les patterns de citation des jurisprudences étrangères de la Cour suprême du Canada devraient intéressé, non seulement les chercheurs en droit public, mais les spécialistes de la science politique en général.


Federalism-E ◽  
1969 ◽  
Vol 4 (1) ◽  
pp. 31-36
Author(s):  
Marie-Anne Côté ◽  
Pierre-Luc Pelland

This research examines the place of the death penalty within the American society. Initially, based on the general statistics and on the important facts, the various practices of capital punishment are analyzed. The study of the historical evolution of the death penalty, the presentation of some famous cases, the analysis of the particular legislations existing from one State to another, as well as the perception of the death penalty by the American population make it possible to give a good overall picture of the current state of the capital sentence in the United States. Thereafter, the “checks and balances” principles that rules death penalty are analysed; clemency granted by the governors and the president, the power of the lobby, the limitation of competences of the different court and, finally, the individual and the collective rights appearing in the Constitution.


Blood ◽  
2015 ◽  
Vol 125 (18) ◽  
pp. 2745-2752 ◽  
Author(s):  
W. Keith Hoots ◽  
Janis L. Abkowitz ◽  
Barry S. Coller ◽  
Donna M. DiMichele

Abstract The medical research and training enterprise in the United States is complex in both its scope and implementation. Accordingly, adaptations to the associated workforce needs present particular challenges. This is particularly true for maintaining or expanding national needs for physician-scientists where training resource requirements and competitive transitional milestones are substantial. For the individual, these phenomena can produce financial burden, prolong the career trajectory, and significantly influence career pathways. Hence, when national data suggest that future medical research needs in a scientific area may be met in a less than optimal manner, strategies to expand research and training capacity must follow. This article defines such an exigency for research and training in nonneoplastic hematology and presents potential strategies for addressing these critical workforce needs. The considerations presented herein reflect a summary of the discussions presented at 2 workshops cosponsored by the National Heart, Lung, and Blood Institute and the American Society of Hematology.


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