Revisiting Senatorial Courtesy and the Selection of Judges to the U.S. Courts of Appeals

2020 ◽  
pp. 106591292097278
Author(s):  
Nicholas O. Howard ◽  
David A. Hughes
Keyword(s):  
Federal Courts ◽  
Courts Of Appeals ◽  
Lower Court ◽  
Institutional Rules ◽  
Home State ◽  
Judicial Ideology ◽  
The 1960S ◽  
State Senators ◽  
The U.S ◽  
Selection Of

We examine how elite attitudes and institutional rules and norms affect appointments to lower federal courts. Using voting data from 1,339 U.S. Courts of Appeals cases, we estimate new ideological measures for 475 individual circuit judges appointed between 1913 and 2008. We find that both presidential and home-state senators’ preferences strongly predict judicial ideology. While we find evidence that conditions of senatorial courtesy can constrain presidents from nominating like-minded individuals for lower court vacancies, this trend peaked during the 1960s and has been eroding ever since.

Epilogue

2018 ◽  
Author(s):  
Eric K. Yamamoto
Keyword(s):  
Judicial Independence ◽  
Courts Of Appeals ◽  
Lower Court ◽  
Executive Orders ◽  
Judicial Scrutiny ◽  
The U.S ◽  
Assistance Project

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.

Strategic Anticipation and En Banc Oversight Procedures in the U.S. Courts of Appeals

2019 ◽  
Vol 48 (3) ◽  
pp. 391-401
Author(s):  
Joshua A. Strayhorn
Keyword(s):  
Decision Making ◽  
Courts Of Appeals ◽  
Lower Court ◽  
Ex Post ◽  
Adoption And Implementation ◽  
Ex Ante ◽  
The Impact ◽  
New Evidence ◽  
Circuit Courts ◽  
The U.S

The U.S. Courts of Appeals must ordinarily convene en banc to overturn circuit law. However, roughly half of the circuit courts have adopted an alternative, less costly procedure, the informal en banc, where three-judge panels may overturn precedent with approval of the full circuit. This article leverages variation in adoption and implementation of this institution to analyze the implications of ex post oversight mechanisms for ex ante panel decision making. The evidence suggests that the informal en banc substantially reduces the impact of ideology on panel decision making, providing new evidence that lower court judges strategically alter their behavior in anticipation of potential override by circuit colleagues.

scholarly journals The Global Domain of the Dollar: Eight Questions

2020 ◽  
Vol 48 (4) ◽  
pp. 421-429
Author(s):  
Robert N. McCauley
Keyword(s):  
Economic Activity ◽  
Balance Sheet ◽  
The United States ◽  
Fiscal Deficits ◽  
Exorbitant Privilege ◽  
The World ◽  
World Economic ◽  
Dollar Debt ◽  
The 1960S ◽  
The U.S

Abstract Since the late 1950s, the rest of the world has come to use the dollar to an extent that justifies speaking of the dollar’s global domain. The rest of the world denominates much debt in U.S. dollars, extending U.S. monetary policy’s sway. In addition, in outstanding foreign exchange deals, the rest of the world has undertaken to pay still more in U.S. dollars: off-balance-sheet dollar debts buried in footnotes. Consistent with the scale of dollar debt, most of the world economic activity takes place in countries with currencies tied to or relatively stable against the dollar, forming a dollar zone much larger than the euro zone. Even though the dollar assets of the world (minus the United States) exceed dollar liabilities, corporate sector dollar debts seem to make dollar appreciation akin to a global tightening of credit. Since the 1960s, claims that the dollar’s global role suffers from instability and confers great benefits on the U.S. economy have attracted much support. However, evidence that demand for dollars from official reserve managers forces unsustainable U.S. current account or fiscal deficits is not strong. The so-called exorbitant privilege is small or shared. In 2008 and again in 2020, the Federal Reserve demonstrated a willingness and capacity to backstop the global domain of the dollar. Politics could constrain the Fed’s ability to backstop the growing share of the domain of the dollar accounted for by countries that are not on such friendly terms with the U.S.

Public Intoxication and Criminal Justice

1975 ◽  
Vol 5 (3) ◽  
pp. 220-232 ◽  
Author(s):  
S. George Clarke
Keyword(s):  
Health Care ◽  
Criminal Justice ◽  
Alcohol Abuse ◽  
Criminal Justice System ◽  
Justice System ◽  
Federal Courts ◽  
Survey Questionnaire ◽  
Modest Increase ◽  
The Status ◽  
The 1960S

Since the mid 1930's there has been an accelerating growth in understanding the nature and scope of alcohol abuse, and a modest increase in resources to combat it. Although, as early as 1869, a significant court decision held that alcoholism could be viewed as an illness, It was not until the second half of the 1960s that the next such findings, this time by Federal courts, set the course of continuing action to take alcoholism out of the criminal justice system and place it under the aegis of health care. The status of alcoholism legislation in thirty-eight states is examined, based on their resonse to a survey questionnaire and other data provided by the National Institute on Alcohol Abuse and Alcoholism. Alternate treatment systems, developed and tested by the Ontario Addictions Foundation, provide background to the treatment systems which have emerged in most states which have decriminalized public intoxication.

The City of Oslo in Jan Erik Vold’s Poems

2021 ◽  
Vol 66 (1) ◽  
pp. 219-230
Author(s):  
Raluca-Daniela Duinea
Keyword(s):  
Cultural Identity ◽  
Urban Areas ◽  
Social Criticism ◽  
Capital City ◽  
Urban Landscapes ◽  
Reading Technique ◽  
Social Critical ◽  
The 1960S ◽  
The City ◽  
Selection Of

"The City of Oslo in Jan Erik Vold’s Poems. The aim of this paper is to examine, from a cultural and social perspective, the Norwegian urban areas and everyday situations in Jan Erik Vold’s (b. 1939) poems. Our close-reading technique reveals important social aspects, different places and streets, located in the capital city of Norway, Oslo. These urban poems written by the contemporary Norwegian poet Jan Erik Vold contribute to the reconstruction of a new Norwegian cultural identity as it is reflected in a selection of poems taken from Mor Godhjertas glade versjon. Ja (Mother Goodhearted’s Happy Version. Yes, 1968), followed by the poet’s wanderings in the city of Oslo in En som het Abel Ek (One Named Abel Ek, 1988), and concluding with his bitter social criticism in Elg (Moose, 1989) and IKKE. Skillingstrykk fra nittitallet (Not: Broadsides from the Nineties, 1993). Vold’s urban poems emphasise the transition from nyenkle (new simple), friendly and descriptive poems which present closely the city of Oslo on foot, to short, political and social critical poems from the 90s. Thus, it is of great importance to traverse various urban ‘landscapes’ in different periods of time, beginning with the 1960s, followed by the 80s and the 90s. Keywords: Jan Erik Vold, urban poems, social criticism, Norwegian urban areas, the city of Oslo "

Collegial Courts: Panel Decision-Making and the U.S. Courts of Appeals

2021 ◽  
Author(s):  
Pamela C. Corley ◽  
Wendy L. Martinek
Keyword(s):  
Decision Making ◽  
Court Decision ◽  
Appellate Court ◽  
Courts Of Appeals ◽  
Court Of Appeals ◽  
Appeals Process ◽  
Almost All ◽  
The U.S

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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