Topic
Supreme court
About: Supreme court is a research topic. Over the lifetime, 41858 publications have been published within this topic receiving 306787 citations. The topic is also known as: court of last resort & highest court of appeal.
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TL;DR: This paper found that African American HBCU students are more likely than their counterparts at traditionally white institutions to pursue a postgraduate education and become professionals, but not to experience high levels of social interaction with faculty and other students, nor are they more likely to aspire to community activism.
Abstract: The Historically Black Colleges and Universities (HBCUs) have recently come under attack from the Supreme Court and the U.S. Department of Education, which have told states that they must either find an educational justification for the schools’ continued existence, or close them. Applying multivariate statistical techniques to a nationally representative sample of students attending HBCUs and Traditionally White Institutions (TWIs), this study finds that the schools may have an educational justification in that African American HBCU students are more likely than their counterparts at TWIs to pursue a postgraduate education and become professionals. African American HBCU students are, however, no more likely than their counterparts at TWIs to experience high levels of social interaction with faculty and other students, nor are they more likely to aspire to community activism.
74 citations
TL;DR: The authors show that while justices are largely motivated by policy concerns, jurisprudential considerations can prevail over their policy goals when policy goals and legal considerations collide, policy gives way.
Abstract: For decades, scholars have searched for data to show that Supreme Court justices are influenced not only by policy goals but also by legal considerations. Analyzing justices’ agenda-setting decisions, we show that while justices are largely motivated by policy concerns, jurisprudential considerations can prevail over their policy goals. When policy goals and legal considerations collide, policy gives way. If legal considerations and policy goals align toward the same end, law liberates justices to pursue policy. In short, we find that at the intersection of law and politics, law is both a constraint on and an opportunity for justices.
74 citations
TL;DR: In the Horne v Flores decision of June 25, 2009, the Court wrote that one basis for finding Arizona in compliance with federal law regarding the education of its English learners was that one of the teachers in the state of Arizona had been employed to teach English as a second language as discussed by the authors.
Abstract: BackgroundIn the Horne v Flores Supreme Court decision of June 25, 2009, the Court wrote that one basis for finding Arizona in compliance with federal law regarding the education of its English lea...
74 citations
TL;DR: Meyer and Boutcher as discussed by the authors argue that the Court decision signaled judicial openness to stand up for minority points of view on questions of fundamental rights, and that the civil rights movement spilled over to affect other movements.
Abstract: The watershed Supreme Court decision in Brown v. Board of Education affected activist politics on issues that extend well beyond African-American civil rights or education. The apparent success of the Court decision in spurring social change encouraged activists in other social movements to emulate the NAACP Legal Defense Fund's litigation strategy, and to adapt organizational structures, political strategies, and rhetoric borrowed from the civil rights movement. We examine how a Supreme Court decision and its subsequent interpretation influenced the development of other social movements. Borrowing from work on social movements, we contend that the Court decision signaled judicial openness to stand up for minority points of view on questions of fundamental rights, and that the civil rights movement spilled over to affect other movements. Activists continued to respond to that signal decades after Brown, even when that signal of judicial responsiveness and openness did not reflect the real prospects for achieving influence through a litigation-based strategy.David S. Meyer is Professor of Sociology and Political Science (dmeyer@uci.edu) and Steven A. Boutcher is Doctoral Candidate (sboutche@uci.edu) in Sociology, University of California, Irvine. We are grateful for helpful comments on an earlier draft of this paper from Lisa Garcia Bedolla, Catherine Corrigall-Brown, Stephanie DiAlto, Sharon Lean, Sharon Oselin, and Su Yang.
74 citations
TL;DR: In this paper, a new conceptualization of legal constraint examining how legal rules permit varying degrees of ideological discretion, which establishes how strongly ideological preferences will influence justices' votes, is proposed.
Abstract: Does law exhibit a significant constraint on Supreme Court justices' decisions? Although proponents of the attitudinal model argue that ideology predominantly influences justices' choices, “hybrid models” posit that law and ideology exhibit discrete and concurrent effects on justices' choices. I offer a new conceptualization of legal constraint examining how legal rules permit varying degrees of ideological discretion, which establishes how strongly ideological preferences will influence justices' votes. In examining the levels-of-scrutiny legal doctrine, I posit theoretical models highlighting the differential constraining capacities of the strict scrutiny, intermediate scrutiny, and rational basis rules. I use a multilevel modeling framework to test the hypotheses within the context of the Grayned doctrine in free expression law. The results show that strict scrutiny, which Grayned applied to content-based regulations of expression, significantly constrains ideological voting, whereas intermediate scrutiny (applied to content-neutral regulations) and the low scrutiny categories each promote high levels of ideological voting.
74 citations