Voting Behavior on the United States Courts of Appeals, 1961–1964

1966 ◽  
Vol 60 (2) ◽  
pp. 374-383 ◽  
Author(s):  
Sheldon Goldman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Voting Behavior ◽  
United States Supreme Court ◽  
The United States ◽  
Courts Of Appeals ◽  
Party Affiliation ◽  
The Supreme Court ◽  
Research Problems ◽  
Relationship Of

Voting behavior of public decision-makers has been of central concern for political scientists. For example, studies of legislatures (notably of Congress) have investigated such research problems as: (1) the extent to which voting on one issue is related to voting on other issues; (2) the potency of party affiliation as an organizer of attitudes and a predictor of voting behavior; and (3) the relationship of demographic characteristics to voting behavior. These and related concerns have more recently occupied the attention of students of the judiciary whose focus has primarily been on the United States Supreme Court. State courts of last resort have also provided a testing ground primarily for problems (2) and (3). However, the United States courts of appeals, second only to the Supreme Court in judicial importance, have been largely neglected. This paper considers the above research problems with reference to the voting behavior on all eleven courts of appeals from July 1, 1961 through June 30, 1964.

scholarly journals State Legislatures Have the Courage to Pass Antiabortion Laws and Test the Ideology of the “New” United States Supreme Court

2020 ◽  
Vol 3 (1) ◽  
pp. 136-150
Author(s):  
Jill Oeding
Keyword(s):  
United States ◽  
Supreme Court ◽  
State Legislatures ◽  
United States Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Undue Burden ◽  
Constitutional Right ◽  
Reported Data ◽  
The Right

Many state legislatures are racing to pass antiabortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. While the number of abortions reported to be performed annually in the United States has declined over the last decade, according to the most recent government-reported data, the number of abortions performed on an annual basis is still over 600,000 per year. Abortion has been legal in the United States since 1973, when the Supreme Court recognized a constitutional right to have an abortion prior to viability (i.e. the time when a baby could possibly live outside the mother’s womb). States currently have the right to forbid abortions after viability.  However, prior to viability, states may not place an “undue burden” in the path of a woman seeking an abortion. The recent appointments of two new Supreme Court justices, Neil Gorsich and Brett Kavanaugh, give pro-life states the best chance in decades to overrule the current abortion precedent. The question is whether these two new justices will shift the ideology of the court enough to overrule the current abortion precedent.

scholarly journals RESPONSABILIDADE EM FACE DE PIQUETE NA JURISPRUDÊNCIA NORTE-AMERICANA

2019 ◽  
Vol 1 (54) ◽  
pp. 499
Author(s):  
Edilton MEIRELES
Keyword(s):  
United States ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
United States Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Deductive Method ◽  
The Face ◽  
The Subject ◽  
The Right

RESUMONeste trabalho tratamos do direito de manifestação em piquetes e da responsabilidade que possa advir desses atos em face da jurisprudência da Suprema Corte dos Estados Unidos da América. A partir da análise das principais decisões da Suprema Corte se pode concluir que, de modo geral, os participantes do piquete não respondem quando agem de forma não ilegal. Está sedimentado, no entanto, o entendimento de que o organizador do piquete responde pelos atos dos participantes. A pesquisa desenvolvida se justifica enquanto estudo comparativo e diante do pouco debate existente no Brasil a respeito do tema. Na pesquisa foi utilizado o método dedutivo, limitada à ciência dogmática do direito, com estudo de casos apreciados pelo judiciário. PALAVRAS-CHAVES: Responsabilidade; Piquete; Estados Unidos; Suprema Corte; Liberdade De Expressão. ABSTRACTIn this work we deal with the right of demonstration in pickets and the responsibility that may arise from these acts in the face of the jurisprudence of the Supreme Court of the United States of America. From the analysis of the Supreme Court's main decisions it can be concluded that, in general, the picket participants do not respond when they act in a non-illegal way. It is settled, however, the understanding that the picket organizer responds by the acts of the participants. The research developed is justified as a comparative study and in view of the little debate that exists in Brazil regarding the subject. In the research was used the deductive method, limited to the dogmatic science of law, with study of cases appreciated by the judiciary.KEYWORDS: Responsibility; Picket; United States; Supreme Court; Freedom Of Expression.

Voting Behavior on the United States Courts of Appeals Revisited

1975 ◽  
Vol 69 (2) ◽  
pp. 491-506 ◽  
Author(s):  
Sheldon Goldman
Keyword(s):  
United States ◽  
Voting Behavior ◽  
Political Liberalism ◽  
The United States ◽  
Stepwise Multiple Regression ◽  
Courts Of Appeals ◽  
Time Period ◽  
Appeals Courts ◽  
Relationship Of ◽  
The Relationship

In an earlier study of voting behavior of U.S. appeals courts judges, attitudinal patterns were investigated along with an analysis of the relationship of judges' backgrounds to their decisions. In this revisit, the earlier findings were treated as hypotheses and tested with a new case population covering a subsequent and longer time period. In all, 2,115 cases decided nonunanimously were coded on one or more issues. Most cases could be classified under ten broad issue categories which were then utilized for most of the analyses. Although the research design was similar to that of the earlier study, a wider variety of methods was employed including nonparametric and parametric intercorrelations of voting behavior on the ten issues and stepwise multiple regression and partial correla-tion analyses of seven background variables and their relationships to voting behavior on the issues. The principal findings were similar to those found earlier but it was possible to map voting behavior with some-what more precision and to uncover some unexpected relationships such as those concerning the potency of the age variable particularly for voting on political liberalism issues.

Act of State and Department of State: First National City Bank v. Banco Nacional De Cuba

1972 ◽  
Vol 66 (4) ◽  
pp. 795-814 ◽  
Author(s):  
Andreas F. Lowenfeld
Keyword(s):  
United States ◽  
Supreme Court ◽  
International Law ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Recent Issue ◽  
Department Of State ◽  
The Supreme Court ◽  
Formal Communication

No recent issue has so divided lawyers and writers in the field of international law as the question whether courts of one nation should sit in judgment on the acts of other nations with respect to foreign held property—sometimes, always, or never. The United States Supreme Court in Banco Nacional de Cubav. Sabbatinosaid the answer was never—or at least hardly ever—thus upholding and reaffirming the “act of state doctrine”. The Congress in the Hickenlooper (or Sabbatino) Amendmentmade an effort to reverse that ruling, an effort that has proved largely unsuccessful. Now the State Department has taken its turn, arguing in a formal communication to the Supreme Court that when it perceives no objection to adjudication on foreign policy grounds, the courts should judge the validity of the foreign nation's acts under international law standards—at least as to counterclaims.

scholarly journals Double Jeopardy and Dual Sovereignty Doctrine: Gamble v. United States

2019 ◽  
pp. 225-242
Author(s):  
Javier Escobar
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Double Jeopardy ◽  
The Supreme Court

Abstract: In Gamble v. United States, the defendant questioned the constitutionality of the dual sovereignty doctrine under the double jeopardy clause. In its judgment, delivered on 17 June, 2019, the United States Supreme Court upheld the application of the dual sovereignty doctrine, according to which different sovereigns may prosecute an individual without violating the double jeopardy clause if the individual's act infringed the laws of each sovereignty. This comment aims to address the reasoning of the Supreme Court and the rationale of the dual sovereignty doctrine, suggesting the convenience and necessity of a further study on its limits and the possible safeguards against potential abuses. 

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