Open AccessPosted Content
Rule of Law or the Rule of Politics? Harmonizing the Internal and External Views of Supreme Court Decision Making
TLDR
This article developed an interpretive-structural theory that harmonizes these seemingly opposed views of the Supreme Court decision-making, which not only explains why the internal and external views often are both effective but also why, sometimes, one approach might be more effective than the other.Abstract:
Law professors and political scientists generally subscribe to opposed theories of Supreme Court decision making. Law professors, to a great degree, adhere to an internal view: Supreme Court justices decide cases according to legal rules, principles, and precedents. Political scientists follow an external view: justices decide cases according to their political ideologies or preferences. This Article develops an interpretive-structural theory that harmonizes these seemingly opposed views. This interpretive-structural theory not only explains why the internal and external views often are both effective but also why, sometimes, one approach might be more effective than the other. The Article concludes by comparing the interpretive-structural theory with the “new institutionalism” that is emerging in political science.read more
Citations
More filters
Journal ArticleDOI
Public policy: domain names, digital television, CFP2000, ACM book on intellectual property and third on-line survey
TL;DR: My view, and there are a few others who 'agree with me, is that the DNS system should be abandoned in favor of the use of strictly numerical IP addresses and that in many cases domain names are not at all obvious.
Journal ArticleDOI
Legal Realism for Economists
TL;DR: The authors introduce the American Legal Realism, a jurisprudential movement of lawyers, judges, and law professors that flourished in the early 20th century, and develop a perspective on judging that can usefully be understood as the modern manifestation of American legal realism.
References
More filters
Book
Invitation to Sociology: A Humanistic Perspective
TL;DR: Berger as mentioned in this paper stresses the humanistic affinity of sociology with history and philosophy, and argues that sociology is a discipline which encourages a fuller awareness of the human world, with the purpose of bettering it.
Book
Taking the Constitution Away from the Courts
TL;DR: In this paper, the authors put forward the idea of the creation of a constitutional law in which judicial declarations deserve no special consideration, citing the McCarthy incident in the 1950s as a prime example of how the judicial branch failed to enforce the will of the people.
Book
The People Themselves: Popular Constitutionalism and Judicial Review
TL;DR: For example, the authors argues that the power under the Constitution will always be in the people: The Making of the Constitution 4. Courts, as well as other Departments, are Bound by that Instrument: Accepting Judicial Review 5. What Every True Republican Ought to Depend On: Rejecting Judicial Supremacy 6. Notwithstanding This Abstract View: The Changing Context of Constitutional Law 7. To Preserve the Constitution, as a Perpetual Bond of Union: The Lessons of Experience 8. A Layman's Document, Not a Lawyer's Contract: The Continuing