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Constitutional Language: An Interpretation of Judicial Decision
TLDR
The authors examines theories of language for their contribution to understanding the interpretation of constitutional law by the Supreme Court and concludes that they can be used to understand the meaning of the majority's decisions.Abstract:
This book examines theories of language for their contribution to understanding the interpretation of constitutional law by the Supreme Court.read more
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On the nature of supreme court decision making
Tracey E. George,Lee Epstein +1 more
TL;DR: In this article, the authors used the U.S. Supreme Court cases involving the imposition of the death penalty since 1972 and estimated and evaluated the models' success in accounting for decisional outcomes, concluding that the legal perspective overpredicted liberal outcomes, the extralegal model conservative ones.
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Jurisprudential Regimes in Supreme Court Decision Making
TL;DR: The authors found that the Supreme Court applies the strictest standard of review to regulations of expression that target the content or viewpoint of expression, and that the justices take seriously this jurisprudential regime.
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What's Law Got to Do with It? Judicial Behavioralists Test the "Legal Model" of Judicial Decision Making
TL;DR: Revesz et al. as discussed by the authors pointed out that careful statistical analysis, cautiously interpreted, may conceivably shed some light on judicial decision making, but serious scholars seeking to analyze the work of the courts cannot simply ignore the internal experiences of judges as irrelevant or disingenuously expressed.
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“Critical Empiricism” in American Legal Studies: Paradox, Program, or Pandora's Box?
David M. Trubek,John P. Esser +1 more
TL;DR: In this article, Joerges and Trubek discuss the German-American debate at the Conference on American and German Traditions of Sociological Jurisprudence and Critical Legal Thought organized by the Center for European Legal Policy, Bremen, Federal Republic of Germany.