Policy Goals, Strategic, Choice and Majority Opinion Assignments in the U. S. Supreme Court

1972 ◽  
Vol 16 (4) ◽  
pp. 652 ◽  
Author(s):  
David W. Rohde
Keyword(s):  
Supreme Court ◽  
Strategic Choice ◽  
Majority Opinion ◽  
Policy Goals

How to Lose Cases and Influence People

2017 ◽  
Vol 8 (2) ◽  
pp. 195-221 ◽  
Author(s):  
Rachael K. Hinkle ◽  
Michael J. Nelson
Keyword(s):  
Supreme Court ◽  
Policy Development ◽  
Negative Emotion ◽  
Majority Opinion ◽  
Legal Development ◽  
Original Dataset ◽  
The Us ◽  
Us Supreme Court ◽  
Long Term Impact

Abstract Dissenting opinions are common in the US Supreme Court even though they take time and effort, risk infuriating colleagues, and have no precedential value. In spite of these drawbacks, dissents can potentially contribute to future legal development. We theorize that dissenting justices who use more memorable language are more successful in achieving such long-term impact. To test this theory, we amass an original dataset of citations to dissenting opinions extracted directly from majority opinion text. We further leverage these texts to build an algorithm that quantifies the distinctiveness of dissenting language within a dynamic context. Our results indicate that dissents using more negative emotion and more distinctive words are cited more in future majority opinions. These results contribute to our understanding of how language can influence long-term policy development.

Challenges mount as Panama’s Varela enters final year

2018 ◽  
Keyword(s):  
Supreme Court ◽  
Economic Activity ◽  
Port City ◽  
Content Type ◽  
Free Zone ◽  
Policy Goals ◽  
Legislative Agenda ◽  
The Government

Subject Presidential difficulties. Significance President Juan Carlos Varela’s position is becoming increasingly weak as he approaches his final year in office. Not only have protests against him shut down the port city of Colon, but the congressional opposition is mounting an attempt to take control of the legislative agenda. Alongside ongoing allegations of links to various corruption scandals, Varela will have little leeway to make progress on his policy goals ahead of elections in May 2019. Impacts The CD and PRD are aligned against the government but this alliance will splinter closer to the elections in 2019. The new credentials commission will likely appoint new Supreme Court justices sympathetic to the opposition. Any further protests have the potential to disrupt supplies to and from the Colon Free Zone, weighing on economic activity.

The Anti-orthodoxy Principle

2019 ◽  
pp. 49-68
Author(s):  
Timothy Zick
Keyword(s):  
Social Justice ◽  
Supreme Court ◽  
Majority Opinion ◽  
The Supreme Court

This chapter examines the “anti-orthodoxy principle,” which holds that governments and majorities cannot compel or prescribe what thoughts or gestures are acceptable in the realms of politics, culture, or faith. President Trump’s public dispute with NFL players and owners over pregame protests, petty insistence on certain holiday greetings, proposal to criminalize flag-burning and denaturalize flag burners, and insistence on “loyalty” all implicate the anti-orthodoxy principle. The Supreme Court has frequently and ardently rejected governmental efforts to compel convention or punish dissent from majority opinion. This position is rooted in principles of speaker autonomy and freedom to dissent. The president’s statements and actions have challenged Americans to once again tolerate peaceful forms of dissent and differing views regarding matters such as patriotism, religion, social justice, and race.

Haskins v. Royster and the Liberty to Be Unfree

2018 ◽  
pp. 96-111
Author(s):  
Linda A. Tvrdy
Keyword(s):  
North Carolina ◽  
Supreme Court ◽  
Common Law ◽  
White Male ◽  
Economic Advantage ◽  
Slave Labor ◽  
Majority Opinion ◽  
The North ◽  
Law And Policy ◽  
Labor System

Slavery was not only a system of oppression. It was a system of labor supported by a thick tapestry of common law principles that had developed over hundreds of years. One of the most important and difficult problems that emancipation presented was how to disentangle laws designed to support a system of slave labor and reconstruct them on the basis of freedom. In the 1874 case Haskins v. Royster, the North Carolina Supreme Court had its first opportunity to articulate the law and policy that would govern labor in the state in the postwar era. Haskins v. Royster presented the North Carolina Supreme Court with the opportunity to reconstruct its law to promote an egalitarian system of labor, one that distributed power and economic advantage more evenly between employers and employees. Instead, the court’s majority opinion resorted to long-standing ideas and practices embedded in local culture to preserve a hierarchical labor system with the propertied, white male continuing to occupy the seat of authority and power.

The Legacy of the Magna Carta in Recent Supreme Court Decisions on Detainees' Rights

2010 ◽  
Vol 43 (03) ◽  
pp. 483-486
Author(s):  
Robert Pallitto
Keyword(s):  
Supreme Court ◽  
Executive Power ◽  
Court Decisions ◽  
Habeas Corpus ◽  
Majority Opinion ◽  
Magna Carta ◽  
History Of ◽  
Supreme Court Decisions ◽  
Military Commissions

The legacy of the Magna Carta is apparent in the Supreme Court's recent decisions regarding detainees' rights. Asked to evaluate strong claims of executive power, the Court has had occasion to consider the origin and scope of habeas corpus, which many scholars see as a product of the Magna Carta. The majority opinion inBoumedienev.Bush(2008) traced the history of the writ of habeas corpus back to the Magna Carta and relied on that lineage to rule that Guantanamo detainees were entitled to petition for habeas corpus, even though Congress had explicitly denied them that right in the 2006 Military Commissions Act (MCA) and the 2005 Detainee Treatment Act (DTA).

Conscription may be the main obstacle in Israeli talks

2019 ◽  
Keyword(s):  
Supreme Court ◽  
Balance Of Power ◽  
Coalition Government ◽  
Fiscal Deficit ◽  
Right Wing ◽  
Content Type ◽  
Main Obstacle ◽  
Finance Minister ◽  
Policy Goals ◽  
The Supreme Court

Significance Netanyahu is beginning negotiations with the aim of forming a new coalition government after the April 9 general election, which saw right-wing and religious parties that are traditional partners for Netanyahu’s Likud win a parliamentary majority. The talks will determine who is appointed to key portfolios -- in this case, defence, finance and justice -- establishing the balance of power in the next government. They also will set out the policy goals of the new administration through a formal coalition agreement. Impacts Netanyahu’s desire for immunity while in office will give parties considerable leverage over Likud. The next justice minister will continue efforts to weaken the power of the Supreme Court. Kahlon is likely to keep his post as finance minister, where he faces the challenge of a growing fiscal deficit. If talks with right-wing parties collapse, Netanyahu may prefer to try a ‘grand coalition’ with Blue and White rather than fresh elections.

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