Showing papers on "Majority opinion published in 1973"

American public opinion: Its origins, content, and impact

Abstract: List of Figures and Tables Preface Credits for Figures and Tables CHAPTER 1 Public Opinion in Democratic Societies 1-1 Public Opinion and Government 1-2 Public Opinion Defined 1-3 The Evolution of the Public Opinion Poll 1-4 The Modern Public Opinion Poll and Its Political Consequences 1-5 Sources of Information on Public Opinion 1-6 Linkage Models Between Public Opinion and Public Policies 1-7 Plan of This Book CHAPTER 2 Polling: The Scientific Assessment of Public Opinion 2-1 Sampling 2-2 Question Wording 2-3 The Misuse of Surveys 2-4 Interpreting Scientific Surveys 2-5 Conclusion CHAPTER 3 Microlevel Opinion: The Psychology of Opinion-Holding 3-1 Political Attention and Opinion-Holding 3-2 Liberal-Conservative Ideology and the Organization of Opinions 3-3 Party Identification and the Organization of Political Opinions CHAPTER 4 Macrolevel Opinion: The Flow of Political Sentiment 4-1 Trends in Policy Opinions 4-2 General Ideological Movement 4-3 General Partisan Movement 4-4 Presidential Approval 4-5 Conclusion: What Moves Public Opinion? CHAPTER 5 Political Socialization and Political Learning 5-1 The Preadult Years: Socialization to Citizenship 5-2 The Agents of Preadult Socialization 5-3 Political Generations 5-4 The Persistence of Political Orientations 5-5 Conclusion CHAPTER 6 Public Opinion and Democratic Stability 6-1 Support for Democratic Values 6-2 Political Consensus 6-3 Political Support: Trust and Efficacy 6-4 Personality and Public Opinion 6-5 Conclusion CHAPTER 7 Group Differences in Political Opinions 7-1 Socioeconomic Class and Political Opinions 7-2 Race and Political Opinions 7-3 Age and Political Opinions 7-4 Religion and Political Opinions 7-5 Geography and Political Opinions 7-6 Gender and Political Opinions 7-7 Conclusion CHAPTER 8 The Print and Broadcast Media and Political Opinions 8-1 The Mass Media and Their Political Content 8-2 Mass Media Influence on Public Opinion 8-3 Television and Election Campaigns 8-4 Conclusion CHAPTER 9 Elections as Instruments of Popular Control 9-1 Political Campaigns and the Voter 9-2 Policy Issues and Voters 9-3 Explaining Election Outcomes 9-4 Conclusion CHAPTER 10 The Public and Its Elected Representatives 10-1 Opinion Sharing Between Policymakers and the Public 10-2 Leadership Responsiveness to Public Opinion 10-3 How Elected Officials Learn Public Opinion 10-4 Do Elected Officials Need to Follow Public Opinion? 10-5 Conclusion CHAPTER 11 Parties and Interest Groups: Mediating Institutions and Representation 11-1 Political Parties and Representation 11-2 Interest Groups and Representation CHAPTER 12 Public Opinion and the Performance of Democracy 12-1 Assessing the Impact of Public Opinion on Policy 12-2 Interpreting the Public's Role in Democracy 12-3 The Expansion of Political Participation Appendix References Index

The world court: what it is and how it works

Abstract: What the Court is the forerunners the United Nations and the Court the judges how the Court works jurisdiction how a case is tried the work of Court an assessment.

The Prosecutor and the Researcher: Present and Prospective Variations on the Supreme Court's Branzburg Decision

Abstract: rently rare and probably will continue to be infrequent. But the occurrence of only a few cases of the violation of researcher-subject confidentiality can seriously jeopardize the trust which underlies that relationship. Like the infrequent skyjack or terrorist bombing, the effect of these violations is not limited to the persons involved. The violations undermine and change the expectations of several groups of people. They undermine the confidence necessary for respondents to freely volunteer information to researchers. They encourage prosecutors and others to use researchers in their efforts to obtain all available information for their investi-

The Proposed Amendments to the Federal Rules of Evidence

Abstract: The Supreme Court has approved a uniform code of evidence for all federal courts. Amendments to the Supreme Court's rules are now pending in the House of Representatives. From the point of view of a specialist in the law of evidence, Professor Rothstein analyzes the differences between the Supreme Court's proposals and the House amendments and suggests solutions to these conflicts.

The States & the People: Measuring & Accounting for "State Representativeness"

Abstract: Professor Sutton utilizes certain methods and materials developed by Frank Munger to simulate public opinion in each state on a variety of issues and to relate legislative output to public opinion. Thus he measures the responsiveness of state governments. The more lively an issue, the more likely that state action (legislation) is congruent with (simulated) state majority opinion on the issue. He urges awareness of differences among policy areas, warning against propositions concerning state policy outputs that fail to distinguish among types of policy. The study is marked by dispassionate statistical elegance.

‘Passion Is Ye Prevailing Motive’: The Feud Behind the Zenger Case

Abstract: Zenger may have been mere pawn in lengthy struggle between Governor Cosby and James Alexander. Their feud may have helped produce an expanded theory of press freedom.

Racism as Justice

Abstract: RACISM AS JUSTICE By HOWARD MOORE, JR.* Now BLACK PEOPLE must take a close and realistic look at the relationship of the American judicial system to the Black liberation struggle. We can no longer shy away from critical evaluation of the functioning of the American judicial sys- tem. For the first time in several genera- tions, the United States Supreme Court can no longer be counted upon to vin- dicate the Constitutional and human rights of Black people. President Nixon has publicly declared his intention to continue to appoint conservative judges to the court. ' The power to nominate Supreme Court Justices is central to the number one domestic objective of the Nixon Administration to end the era of permissiveness and reform our government institutions that [a] new spirit of independence, self-reliance, pride.., can be nurtured. 2 According to Attorney General Kleindienst, The President's Court nominations comprise the supreme political act of this Nation, since they reflect the latest National plebiscite on the direction of our country. 3 The greatest impact that President Nixon has already had on the direction the country may take has been on the Supreme Court. 4 President Nixon has made four nominations to the Supreme Court and will probably make others before the expiration of his second term. The evident trend in Court decisions following those four nomina- tions prompted Mr. Marquis Child, the syndicated columnist to observe that, 5 The Court is a different institution. Thus, now more than ever, Black people must come to grips with the relationship of the Court to their struggle. Racism as justice is no longer tolerable or acceptable. The way in which racism is fostered through judicial reform has become opaque. They are not mutually exclusive. In the American situation, racism and reform are interwoven in an extremely complicated and important dialectical way. The 1954 decision by the United States Supreme Court in the school desegregation cases had aspects of both. Brown v. Board of Education 6 con- stituted a major revision or reform of American jurisprudence on questions of race. It also modernized the racist ideology of white supremacy. Under the guise of integration, a legal basis was created for the relaxation and adjustment of racist practices with respect to public education, transportation, parks and playgrounds, and hotels and restaurants. In the post-World War II era, con- tinued strict observance of the grossest forms of racism in places of general public intercourse had become inimical to America's internal security and to its hegemony as the world's strongest imperialist power as well. 7 Brown was a B.A. 1954, Morehouse College, Atlanta, Georgia; LL.B. 1960, Boston University, Boston, Massachusetts; Practicing Attorney, Moore, Alexander & Rindskopf, Atlanta, Georgia. Excerpts from this article were previously published in LAW AGAINST THE PEOPLE, ESSAYS TO DEMYSTIFY LAW ORDER AND THE COURTS, edited by Robert Lefcourt, New York: Vintage Books, 1971; and a shorter version appeared in RHYTHM MAGAZINE, Vol. 1, No. 1, Atlanta, 1970. 1. Statements from Pre-Election Interview with Nixon Outlining 2d- Term Plans, The New York Times, November 10, 1972, at 20, col. I. 2. Ibid. 3. Methvin, The Supreme Court Changes Course, READERS DIGEST, Oct. 1972, at 125, 129. 4. Ibid., at 126. 5. Ibid.; See also Bender, The Techniques of Subtle Erosion, HARPER'S, Dec. 1972, at 18. Professor Bender agrees that there is a new court: [and] far more is going on than meets the eye. 6. 347 U.S. 483 (1954). 7. The late Dean Acheson, then Acting Secretary of State, stated in a letter dated May 8, 1946 to the Fair Employment Practice Committee, originally established by Executive Order No. 8802 and amended by Executive Orders 9346 and 9664, that: I think it is quite obvious ... that the existence of discriminations against minority groups in the United States is a handicap in our relations with other countries. To Secure These Rights, Report of the President's Committee on Civil Rights, at 147, quoted in MURRAY, STATES' LAWS ON RACE AND COLOR, (1951), at 692.

The Advisory Opinion on Namibia of the International Court of Justice

Abstract: The pronouncement of the International Court of Justice on Namibia lends itself to commentaries of many kinds. Far-reaching conclusions, even too far-reaching for many people, can be drawn from it. The accuracy of these conclusions, however, will depend primarily on the definition of the context within which the Court made its pronouncement. It is my firm conviction that this context is determined by the characteristics of the Mandate “Agreement”, characteristics which are absolutely unique and which can, therefore, in my opinion, be used as a basis for an argument per analogiam only with the greatest caution.

Some Comparative Statistics On Chief Justice Opinion Writing

Abstract: OST STUDIES of the Chief Justices of the United States Supreme Court have dealt with the influence of each vis-a-vis his colleagues in respect to such factors as assignment of opinion writing, oral argument, judicial conference, and social leadership.? The research reported here is an effort to add additional knowledge of Chief Justice behavior by examining the opinion writing of the Chief Justices, both individually and collectively. Because the Chief Justice alone, of all members of his Court, may (if he wishes to do so badly enough to vote with the majority) write the majority opinion in every single case, unanimous or non-unanimous, any significant deviation from expected behavior in this respect might indicate attitudes of one kind or another. Obviously it was not possible in a paper of this length to examine the totality of opinion writing by the eleven Chief Justices, starting with John Marshall and extending through Earl Warren.2 And so three kinds of cases have been chosen for examination on the assumption that these three are the most difficult and perhaps the most important kindse of cases the Court faces. They also touch upon the political processes at many points, and have within them overtones of federal-state conflicts. Many are examples of what has been termed "judicial activism." The three kinds of cases are (1) the invalidation of national law; (2) the invalidation of state constitutional provisions, state laws, and city ordinances; and (3) the reversal of previous Supreme Court determination of the meanings and demands of the Constitution. In respect to these three kinds of cases four elements of judicial behavior are examined, including (1) Chief Justice writing of the Court opinion for a unanimous decision; (2) Chief Justice writing of the majority opinion for a divided Court; (3) overall Chief Justice writing of the Court opinion; and (4) Chief Justice dissent from the Court decisions.