Open AccessPosted Content
Pulling Punches: Congressional Constraints on the Supreme Court's Constitutional Rulings, 1987-2000
Anna Harvey,Barry Friedman +1 more
TLDR
This article found that the probability that the Rehnquist Court would strike a liberal congressional law rose between 47% and 288% as a result of the 1994 congressional elections, depending on the legislative model used.Abstract:
To date, no study has found evidence that the U.S. Supreme Court is constrained by Congress in its constitutional decisions. We addressed the selection bias inherent in previous studies with a statute-centered, rather than a case-centered, analysis, following all congressional laws enacted between 1987 and 2000. We uncovered considerable congressional constraint in the Court's constitutional rulings. In particular, we found that the probability that the Rehnquist Court would strike a liberal congressional law rose between 47% and 288% as a result of the 1994 congressional elections, depending on the legislative model used.read more
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Taking Rights Seriously
Alan R. White,Ronald Dworkin +1 more
TL;DR: In this paper, a judge in some representative American jurisdiction is assumed to accept the main uncontroversial constitutive and regulative rules of the law in his jurisdiction and to follow earlier decisions of their court or higher courts whose rationale, as l
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Comparable Preference Estimates across Time and Institutions for the Court, Congress, and Presidency
TL;DR: In this paper, a measurement approach that incorporates information that bridges time and institutions in a Bayesian Markov Chain Monte Carlo approach to ideal point measurement is presented, which is useful in a variety of important research projects, including research on statutory interpretation, executive influence on the Supreme Court, and Senate influence on court appointments.
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Judicial Behavior under Political Constraints: Evidence from the European Court of Justice
TL;DR: In this article, the authors examine how threats of noncompliance and legislative override influence decisions by the European Court of Justice (ECJ) and find that the preferences of member-state governments have a systematic and substantively important impact on ECJ decisions.
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The Separation of Powers, Court Curbing, and Judicial Legitimacy
TL;DR: This article developed a formal model of judicial-congressional relations that incorporates judicial preferences for institutional legitimacy and the role of public opinion in congressional hostility towards the Supreme Court, finding that public discontent with the Court, as mediated through congressional hostility, creates an incentive for the Court to exercise self-restraint.
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Regimes and the Rule of Law: Judicial Independence in Comparative Perspective
TL;DR: The authors argue that independent courts are not always necessary for the rule of law, particularly where support for individual rights is relatively widespread, and they identify several reasons why democracy may not always prove sufficient for constructing either.
References
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Likelihood Ratio Tests for Model Selection and Non-Nested Hypotheses
TL;DR: In this article, the authors propose simple and directional likelihood-ratio tests for discriminating and choosing between two competing models whether the models are nonnested, overlapping or nested and whether both, one, or neither is misspecified.
The behavior of maximum likelihood estimates under nonstandard conditions
TL;DR: In this paper, the authors prove consistency and asymptotic normality of maximum likelihood estimators under weaker conditions than usual, such that the true distribution underlying the observations belongs to the parametric family defining the estimator, and the regularity conditions do not involve the second and higher derivatives of the likelihood function.
Book
Taking Rights Seriously
TL;DR: The Model of Rules I 3. The Model of rules II 4. Hard Cases 5. Constitutional Cases 6. Taking Rights Seriously 8. Civil Disobedience 9. Reverse Discrimination 10. Liberty and Moralism 11.Liberty and Liberalism 12. What Rights Do We Have? 13. Can Rights be Controversial? Appendix: A Reply to Critics Index as mentioned in this paper
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Logistic Regression in Rare Events Data
Gary King,Langche Zeng +1 more
TL;DR: It is shown that more efficient sampling designs exist for making valid inferences, such as sampling all available events and a tiny fraction of nonevents, which enables scholars to save as much as 99% of their (nonfixed) data collection costs or to collect much more meaningful explanatory variables.
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Making the Most Of Statistical Analyses: Improving Interpretation and Presentation
TL;DR: This article offers an approach, built on the technique of statistical simulation, to extract the currently overlooked information from any statistical method and to interpret and present it in a reader-friendly manner.
Related Papers (5)
Congressional Attacks on Supreme Court Rulings Involving Unconstitutional State Laws
James Meernik,Joseph Ignagni +1 more