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Majority opinion

About: Majority opinion is a research topic. Over the lifetime, 4107 publications have been published within this topic receiving 54845 citations. The topic is also known as: opinion of the court.


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Book
01 Jan 1970

12 citations

Journal ArticleDOI
TL;DR: The authors surveyed scholars' answers to four central questions: (a) were the majority or concurring opinions legally sound? (b) Was the Supreme Court's result justified, even if the legal reasoning contained in the opinions was unsound? (c) What effects, if any, will the case and the social science research it has spurred have on the development of voting rights law? (d) What does the Court's resolution of the 2000 Florida election controversy between supporters of George W.
Abstract: ▪ Abstract This review evaluates the emerging legal and political science scholarship created in the wake of the United States Supreme Court's decision in Bush v. Gore, the case that ended the 2000 Florida election controversy between supporters of George W. Bush and those of Al Gore. The article surveys scholars' answers to four central questions: (a) Were the Supreme Court's majority or concurring opinions legally sound? (b) Was the Supreme Court's result justified, even if the legal reasoning contained in the opinions was unsound? (c) What effects, if any, will the case and the social science research it has spurred have on the development of voting rights law? (d) What does the Court's resolution of Bush v. Gore tell us about the Supreme Court as an institution?

12 citations

08 Aug 2011
TL;DR: Malphurs et al. as discussed by the authors studied the legal and cultural impact of justices' rhetorical discursive interaction in Morse v. Frederick, Kennedy v. Louisiana, and District of Columbia v. Heller.
Abstract: Making Sense of Judicial Sensemaking: A Study of Rhetorical Discursive Interaction at the Supreme Court of the United States. (May 2010) Ryan Allen Malphurs, B.A., Regis University; M.A. Texas A&M University Chair of Advisory Committee: Dr. James Arnt Aune This dissertation engages previous research in political science and psychology by arguing for the importance of oral arguments from a communication perspective, examining justices’ rhetorical discursive interaction in oral arguments, introducing Sensemaking as a new model of judicial decision making, and discussing the legal and cultural impact of justices’ rhetorical discursive interaction in Morse v. Frederick, Kennedy v. Louisiana, and District of Columbia v. Heller. In contrast to the aggregate behavioral models and longitudinal studies conducted by political scientists and psychologists, this study examines these specific cases in order to gauge each justice’s individual interaction in oral argument and to determine how certain justices may have controlled the discursive flow of information within oral arguments, which in turn may have influenced the Court’s decision making ability. The dissertation begins with an introduction, providing an overview of the development and study of legal rhetoric from the Greeks to present day. A review of

12 citations

Mirjan R Damaska1
01 Jan 2009
TL;DR: In this article, an important paradox in international criminal law enforcement is discussed, where international criminal courts attempt to tackle issues of extreme significance, and are often more ambitious than national courts of justice.
Abstract: This article discusses an important paradox in international criminal law enforcement. On the one hand, international criminal courts attempt to tackle issues of extreme significance, and are often more ambitious than national courts of justice. However, on the other hand, these international courts often lack enforcement powers. This gap between aspirations and realization creates ammunition for the enemies of such courts and challenges their legitimacy. Despite the apparent powerlessness of international criminal courts, some, such as the Tribunal for the Former Yugoslavia, have successfully convicted a number of human rights abusers. Unfortunately, the permanent International Criminal Court has not enjoyed such success. This article describes how the ICC's normative framework increases the likelihood of disparity between its promise and achievement, and presents solutions for the closing of this gap.

12 citations

Book
01 Jan 1986

12 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202313
202238
202114
202027
201923
201820