scholarly journals The Impact of the Supreme Court on Trends in Economic Policy Making in the United States Courts of Appeals

1987 ◽  
Vol 49 (3) ◽  
pp. 830-841 ◽  
Author(s):  
Donald R. Songer
1967 ◽  
Vol 13 (4) ◽  
pp. 481-487
Author(s):  
Noah Weinstein ◽  
Corinne R. Goodman

For the first time in its 68-year history, the juvenile court has felt the impact of the United States Supreme Court. It would be impossible to predict the exact effect of the decisions, but unquestionably they will be of prime importance in their influ ence on juvenile court procedures.


1966 ◽  
Vol 60 (2) ◽  
pp. 374-383 ◽  
Author(s):  
Sheldon Goldman

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.


Author(s):  
Morgan Cloud

Mapp v. Ohio is the US Supreme Court opinion that imposed the Fourth Amendment exclusionary rule on the states. Mapp overruled earlier cases by holding that evidence obtained by unreasonable government searches and seizures was not admissible in state or local criminal prosecutions, just as it had long been inadmissible in federal cases. It is hard to overstate the impact of this decision, which changed the rules and procedures both for policing and for litigation in criminal cases throughout the United States. But Mapp’s significance extends beyond its specific holding. It adopted an interpretive method, often labeled “selective incorporation,” employed by the Supreme Court in subsequent decisions, that imposed specific provisions contained in the Bill of Rights, the first eight amendments to the Constitution upon the states. These decisions redefined federalism in the United States by establishing federal authority over government actions previously governed by state law. In the realm of search and seizure law, by requiring states to adhere to the Supreme Court’s search and seizure opinions, Mapp also generated potent political and legal opposition. In subsequent opinions the Supreme Court limited the exclusionary rule’s scope, diluting Mapp’s impact on police practices by reducing the situations in which federal constitutional rules required exclusion of evidence.


1989 ◽  
Vol 22 (2) ◽  
pp. 313-336 ◽  
Author(s):  
Christopher P. Manfredi

AbstractThis article explores the relevance of studies of judicial policy-making in the United States to the decision-making of the Supreme Court of Canada under the Canadian Charter of Rights and Freedoms. The article suggests that literature concerning the political legitimacy of judicial policy-making is minimally relevant, since a broad form of judicial review appears to be well established in Charter jurisprudence. The literature on institutional decision-making capacity has greater relevance, since the Canadian Court faces the same information-processing constraints as its American counterpart. The article concludes by suggesting that attempts to overcome problems of institutional capacity may produce additional questions of political legitimacy.


Sign in / Sign up

Export Citation Format

Share Document